Keeping Tabs


If you want to be notified when we post a new article, Register Here or follow us on TwitterLinkedIn or Facebook.

Follow MccagueBorlack on Twitter




July 10 - Mediation Toolkit for Beginners - student blog by Sarah Dodsworth


June 25 - Weird Projects, Field Trips & RAAAPTORS! by Chelsea Dobrindt 

June 25 - AB from Sea to Sea: A Look at Accident Benefits across Canada by Catherine Korte, Michelle Legault and Émilie-Anne Puckering

June 6 - Summer student blog post - What to expect during orientation week by Olivia Danylchuk

June 5 - Acting for the Applicants, Howard Borlack, Partner at McCague Borlack LLP had a favourable decision from the Ontario Divisional Court  - Read featured case study - My House Burned Down, Now I Can Buy Two

June 3 - Brian Murphy was recognized by Madam Justice Catrina Braid and David Pletsch for his contributions towards the 2019 Waterloo Region Mock Trial Tournament. This was Brian's third-year being involved as a judge and he hopes to continue his support for the students in the Kitchener-Waterloo-Cambridge region.

June 2 - Currently hiring an articling student for the Kitchener office & accepting applications for summer students 2020 - How to Apply.


May 1 - Just When You Thought It Could Not Get Any Harder: Changes Could Be Coming to Proceedings Against the Crown  by Theomarcus Giannou and Theresa Hartley


April 24 - Cyber risks to your organization and its consequences: New reporting standards from the Office of the Privacy Commissioner of Canada

April 12 - Navigating Subrogation in Canada: A Look at Subrogation Rights for Out-of-Province Insurers Arising from Motor Vehicle Accidents - a CLC Article by Adam Grant, David Pick & Franco Cabanos

April 8 - Time-stamped: A true day in the life... student blog by Émilie-Anne Puckering

April 8 - Egg on your face - you may have a claim: Case Comment: Gilbrairth v. Intact Insurance by Howard Borlack & Theomarcus Giannou

April 2 - Welcome to MB's newest Partner, Charlene Kavanagh, who joins us in our Ottawa office.


March 21 - Is anyone ensuring that your Mink Lashes are cruelty-free? An Overview of the Regulation of Fur Farming in Canada

March 16 - The Harmonie Group announced a new practice area directory for Business and Commercial Litigation legal needs. View the directory at

March 14 - Student Blog - These are a Few of Our Favorite Things: MB Articling Class of 2019 Highlights

March 8 -  Jam Session Gone Wrong: How an Office Party Created a Coverage Debacle - Case Study: RSA v. Intact by Christopher Macaulay


February 28 - Taking A Dip Into Public Pool Liability: Municipal and Resort Related Liability By Jim Tomlinson

February 28 - Getting "Ahead" of the Changes Rowan's Law and the Potential Impact on Insureds – Further Updates by Jim Tomlinson & Michelle Legault

February 28 - Why Litigation Boutique? Student blog 

February 20 - When the Love is Equal, but the Will is Not: Disinheriting Your Wealthy Son so the Poorer Son Could Catch Up

February 15 - Unpacking the Crate: A Carrier's Tools for Collecting Unpaid Freight Charges by Ben Tustain

February 14 - The Fantastic Five - student blog by Yousef Elsohemy

February 13 - Welcome to MB's newest lawyers!  Alexander HartwigShaunak DesaiBen Tustain

February 5 - Home Sweet Home: What Constitutes "Living in the Same Household" in a Home Insurance Policy

February 5 - Some Diamonds are Not Forever: The Insurance Case of the $580,000 Stolen Ring by Émilie-Anne Puckering

February 1 - McCague Borlack's Christmas in January Party was a great success - See Photos 


January 31 - It's Not Over Until the Three Judges Sing: Divisional Court says Wills are not Trusts

January 29 - Congrats - Introducing Newest Partners - Rachel Leck, Matt Malcolm, Jennifer E. Kelly

January 28 - When is a Commercial Owner Liable for a Fall on an Adjacent Sidewalk?

January 28 - Approximately 2.5 Million Dollars Gone in Approximately 2.5 Seconds: An Insurance Coverage Nightmare by Howard Borlack

January 28 - Constructively Dismissed? You May Have To Go Work for Your Old Boss

January 17 - Summary Judgment Motions in MVA Cases: A Viable Option for Defendants by Theomarcus Giannou

January 17 - Court of Appeal Clarifies Approach to Overlapping Insurance Coverage: Case Study: TD v. Intact

January 16 - Preparing for Mediation - student blog by Theomarcus Giannou

January 7 - Lessons learned at the half-way point 

January 7 - Featured Case: Sankreacha v. Cameron J. and Beach Sales Ltd

January 4 - When Can a Lawyer's Representations Repudiate a Binding Settlement Agreement? by Émilie-Anne Puckering

January 4 - Uber Class Action Gets Green Light, Proceeds to Certification

January 3 - Rebutting the Breathalyzer Presumptions: Moving Beyond the Theoretical, Towards Concrete Evidence


December 20 - Tick Tock, Watch Your Clock: Estate Trustees are not Litigation Guardians under s.7 of the Limitations Act

December 13 - It's Not Complicated (Anymore) - Court of Appeal Explains the Relationship between SABS and Tort Damage Awards

December 8 - "Bucking" the Legal Lacuna - The Humboldt Bronco's Record-Setting GoFundMe Campaign and Saskatchewan's Informal Public Appeals Act 


November 28 - A Day in Divisional Court - student blog 

November 27 - A Battle of Offers - Case Study: Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc. ("Hashemi-Sabet") by Jessica Grant

November 16 - A Cautionary Tale for Employers: A Case Study - Hampton Securities Ltd. v. Dean

November 9 - The Art of Settlement: Lessons Learned from My First Pre-Trial Conference


October 27 - The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. by Jessica Grant

October 27 - The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, and Locker Room Soap Operas 

October 27 -  You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial By Alan Drimer

October 27 - Watching the Watchers: Judicial Limitations on the use of surveillance evidence 

October 27 - Recent Decisions regarding the Admissibility of Surveillance in Accident Benefits and Tort Claims by Catherine A. Korte

October 27 - Accuracy of Surveillance Reports

October 27 - Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial By Michael Kennedy

October 27 - Surveillance: Activities and Problems by Bogdan Miscevic

October 20 - A Letter to the Next Generation of Law Students by Émilie-Anne Puckering

October 9 - Articling Student Style: What to wear on interview day


September 24 - From Motorist to Manufacturer: Adjusting to AV Litigation by Peter Vlaar

September 19 - Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations by Howard Borlack

September 19 - Down the Path to the End Finality: A Case Study of Gillham v. Lake of Bays (Township) By Jessica Grant 

September 14 - "Let's talk about Sexts": Is my teenager in possession of child pornography?

September 14 - What Happens When You Tell Your Boss You Want to Retire... and then Change Your Mind?

September 12 - Attendant Care Benefits: Family Members & Professional Health Care Designations By Bogdan Miscevic

and Émilie-Anne Puckering

September 11 - No Playing Around: An UPDATE on Tort Liability and School Yard Injuries By Michelle Legault 

September 8 - Subrogating Claims in the Construction Context: They Do Exist By Jessica Grant

September 8 - Acting for both Insured and Insurer: What Counsel Need to Know By Jessica Grant

September 5 - Firsts: Arguing a Motion on My Own - a student blog


August 20 - Our "Eat Pray Love" Break Inbetween - a student blog by Yousef Elsohemy

August 18 - Why Litigation? a summer student blog by Anisha Bhardwaj

August 9 - A front row seat to a human rights hearing a student blog by Egi Troka

August 7 - Casino Niagara: Rolling the Dice on Constructive Dismissal By Egi Troka