Michael is a seasoned trial lawyer and partner at McCague Borlack LLP in the Kitchener office, where he has dedicated his entire career to insurance defence litigation. His practice encompasses a broad spectrum of negligence law, including motor vehicle liability, occupiers’ liability, and product liability. He also handles complex contract disputes, such as accident benefits claims, defence and indemnity agreements, and employment litigation.

Michael has appeared before every level of court in Ontario. He has served as lead counsel in both jury and non-jury trials at the Superior Court of Justice and has successfully argued appeals before the Court of Appeal for Ontario. His advocacy extends to administrative tribunals, including the Financial Services Commission of Ontario (FSCO), the Licence Appeal Tribunal (LAT), and the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Known for his commitment to professionalism and civility, Michael brings a pragmatic and reasonable approach to every case. He is a skilled negotiator who pursues fair settlements when appropriate and is a tenacious advocate who vigorously defends his clients’ interests when a trial or hearing is necessary.

Outside the courtroom, Michael adores spending quality time with his daughter and family. He also contributes to his community as a board member of the Guelph Youth Music Centre, a not-for-profit organization dedicated to fostering musical education among young people.

FEATURED CASES

Villella v. Wawanesa Mutual Insurance Company, 2025 CanLII 114381 (ON LAT)

• Human rights challenge, attendant care, housekeeping benefits

Gutierrez v Security National Insurance Company, 2025 CanLII 28458 (ON LAT)

• Quebec benefits, IRB indemnity, s. 10 award, refusal to allow additional issues, redaction of evidence for settlement privilege

Gutierrez v Security National Insurance Company, 2025 CanLII 61183 (ON LAT)

• Reconsideration, IRB indemnity, s. 10 award, refusal to allow additional issues, redaction of evidence for settlement privilege

Gutierrez v. Security National Insurance Company, 2025 ONSC 5174 (CanLII)

• Judicial review, IRB indemnity, s. 10 award, refusal to allow additional issues, redaction of evidence for settlement privilege

Shaikh v Security National Insurance Company, 2024 CanLII 38454 (ON LAT)

• Section 55 non-compliance defence, med/rehab, s. 10 award

Capone v Wawanesa Mutual Insurance Company, 2024 CanLII 94143 (ON LAT)

• Housing modifications, med/rehab

TD General Insurance Company v Haribalan, 2024 CanLII 23454 (ON LAT)

• Repayment of benefits, material misrepresentation by the claimant

Rajalingam v TD General Insurance Company, 2024 CanLII 18092 (ON LAT)

• Catastrophic impairment, IRB, med/rehab, s. 10 award, refusal of claimant’s adjournment request, dismissal of application

Kesete v. Gaspar, 2024 ONCA 198 (CanLII)

• Defence of plaintiff’s appeal of trial judgment and costs award

Maycid v.TD General Insurance Company, 2023 CanLII 67914 (ON LAT)

• Reconsideration, Quebec benefits, non-pecuniary damage indemnity, allegations of bias

Miele v TD Insurance Meloche Monnex, 2023 CanLII 87432 (ON LAT)

• Defence of motion to state case to divisional court, med/rehab, s. 10 award

Majerczyk v Manalo, 2023 ONSC 3064 (CanLII)

• Mid-trial motion, surveillance disclosure, leave to call more than three witnesses

Majerczyk v. Manalo, 2023 ONSC 6236 (CanLII)

• Post-trial motion for s. 267.8(12) assignment of plaintiff’s collateral benefits

Majerczyk v. Manalo, 2023 ONSC 6311 (CanLII)

• Trial costs decision

Kesete v. Gaspar, 2022 ONSC 6860 (CanLII)

• Trial costs decision

Ruetz v. Metro Canada Inc. et al., 2021 ONSC 20 (CanLII)

• Summary judgment, defence and indemnity agreement, winter maintenance contracts

18-001879 v. Wawanesa Mutual Insurance Company, 2019 CanLII 27909 (ON LAT)

• Productions motion

Rabb Construction Ltd. v. MacEwen Petroleum Inc., 2018 ONCA 170 (CanLII)

• Defence of appeal to overturn a motion decision denying an increased prayer for relief

16-003931 v Wawanesa Mutual Insurance Company, 2017 CanLII 62161 (ON LAT)

• Motion to dismiss the application as abandoned

Paul Tauschek v. TD General Insurance Company, 2017 ONFSCDRS 48 (CanLII)

• Expenses, allegations of unfair and deceptive practices

Maria Grazia (Grace) Petrone v. Wawanesa Mutual Insurance Company, 2017 ONFSCDRS 307 (CanLII)

• Non-earner benefits, med/rehab

Aranas v Kolodziej, 2016 ONSC 7104 (CanLII)

• Summary judgment, MVA liability

Basmatie Rampersaud v. TD General Insurance Company, 2013 ONFSCDRS 25 (CanLII)

• Caregiver benefits, definition of “residing”

Meincke v. Unifund Assurance Company, 2013 ONSC 7675 (CanLII)

• Property damage claim, motion to try matter together with tort claim

Ananthanadarajh Thayalan v. Wawanesa Mutual Insurance Company, 2012 ONFSCDRS 20 (CanLII)

• IRB, housekeeping, special award, costs

Ananthanadarajh Thayalan v. Wawanesa Mutual Insurance Company, 2012 ONFSCDRS 97 (CanLII)

• Expenses

Han Yu v. Security National Insurance Co., 2012 ONFSCDRS 116 (CanLII)

• Definition of accident, misrepresentation, and proof of impairment