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  • Article

    Summary Judgment Motions In MVA Cases - A Viable Option For Defendants

    The action arose from a motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Production Of Cell Phone Records In The Age Of Distracted Driving- Expanding The Limits Of Disclosure

    This action arose subsequent to a motor vehicle accident which occurred on February 8, 2012.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Declaring Values On "Contracts Of Carriage" In Ontario

    It is often said that a bill of lading is not a contract of carriage, but is merely "excellent evidence" of its terms.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Show Me the Money? Only If You Can Show Me the Hazard! (A Case Comment on Hamilton v Ontario Corporation #2000533 o/a Toronto Community Housing)

    On September 14, 2017, Justice Sanfilippo of the Ontario Superior Court of Justice granted summary judgment dismissing the plaintiff's occupiers' liability claim, stating that without objective evidence pointing to the cause of her slip and fall, the claim could not succeed.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The IPC Clarifies When Insurers May And May Not Collect Health Card Numbers

    The Office of the Information and Privacy Commissioner of Ontario ("IPC") recently considered whether and under what circumstances insurers could collect health card numbers from their insureds.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Revisiting Governmental Immunity In Negligence Claims

    It is generally accepted that policy decisions made by government actors are immune from findings of liability claimed in negligence.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    To Warn Or Not To Warn: An Explanation Of The Duty To Warn And The Reasonable Foreseeability Analysis

    To what extent must service technicians warn their customers of particular risks associated with the product they are servicing?
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Canada's Emergency Wage Subsidy In Response To COVID-19

    The state of the law has been changing daily during the COVID-19 pandemic, and businesses and employers have been especially impacted by these changes
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Casino Niagara: Rolling The Dice On Constructive Dismissal

    The Court of Appeal found that the trial judge erred in two fundamental respects.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Amending To Add Family Law Act Claims: Not So Fast! Case Study: Malik v Nikbakht

    The Ontario Court of Appeal heard an appeal in Malik v. Nikbakht, 2021 ONCA 176, brought by the plaintiff, Sarfraz Malik. The action arose from a 2013 motor vehicle accident...
    CanadaFamily and Matrimonial
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Medical Records: Personal Privacy In Conflict With The Rule Of Law

    British Columbia's controversial Tobacco Damages and Health Care Costs Recovery Act is back in the courts.
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Frustration Of Contract: When Performance Becomes Impossible

    In the realm of employment law, parties enter into contracts with the expectation that each will fulfill their obligations as stipulated.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Divisional Court Rules That All Employment Insurance Benefits Are Deductible Under The SABS

    In the recent decision of Aviva Insurance Company of Canada v. Spence, James Brown of McCague Borlack LLP, on behalf of the Appellant, argued successfully in front of the Divisional Court...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Test For Misfeasance Of Public Office

    The Rules required the OPA to provide 90 days' notice of changes.
    CanadaEnergy and Natural Resources
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Smoother Path To Resolution: Ontario's Construction Adjudication Overhaul

    Similar to many different areas of law, in Construction Law there is a mechanism for alternative dispute resolution, namely interim adjudication. Using adjudication as an alternative can be an effective way to resolve.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Face The Music: Once Requested, A Mediation Must Be Scheduled Forthwith

    Recently, the Ontario Superior Court of Justice in Thomson v Portelance, 2018 ONSC 1278, reminded the Bar that a party to motor vehicle accident litigation in Ontario must schedule a mediation once requested.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case: Victoria Mendes Et Al. v. Blaisdale Montessori School

    In Mendes v Blaisdale Montessori School, the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa office
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Passing The Buck: Payment Of Productions In Personal Injury Litigation

    In the recently released Endale v. Parker,1 the Superior Court of Justice has clarified which party ought to pay for obtaining documents, whether by undertaking or otherwise.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Who Pays To Produce The Medical Records?

    In Trumble v Soomal, 2020 ONSC 8097, Justice Sloan held in personal injury cases routine and reasonable medical records are producible at the expense of the plaintiff.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Will The Cap On Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No'

    A newly released decision of the Superior Court has put time limits on the application of legislation that sought to "cap" the amount payable in respect of attendant care benefits.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP

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