MB was successful in defending the various owners and operators of Cloverdale Mall, in the case of Jung v Cloverdale Mall Inc., et al. In the recent decision of Justice Harvison Young, the moving party's motion for leave to appeal the Order of Akhtar, J., was denied and further costs were awarded to MB's clients.

The learned judge indicated that there are two possible branches upon which leave may be granted, both of which involve a two-part test....

The Ontario Superior Court of Justice recently released the decision Jung v Cloverdale Mall Inc. where McCague Borlack, successfully opposed a summary judgment motion and was awarded costs in the amount of $17,000.

The Ontario Court of Appeal reaffirmed the principle from Waksdale v Swegon North America Inc.

In the context of subrogated claims, the Ontario Sale of Goods Act (“SOGA”) gives rise to a potential cause of action that must be considered in order to ensure that all potential defendants are named in the claim. As claims handlers and counsel, it is important to determine whether a party to a sales contract upheld its obligations, namely that the goods sold were fit for the intended purpose and were of merchantable quality.

Subrogation is the process whereby an insurer, after indemnifying its insured, assumes its insured's right to recover damages as against a tortfeaser who is liable for causing the damages. Since the insurer's right to subrogate is derivative, the insurer is subject to the same limitations that the insured would be when seeking recovery from third parties.