Keeping Tabs

McCAGUE BORLACK LLP

Keep up with our lawyers and staff in the news, press releases, and legal decisions related to our firm or the legal field as a whole, also see our Featured Cases page.

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News

NEWS LAST UPDATED JANUARY 17, 2017

January

January 17 - Student Blog - Where do you rank mentorship in law firm selection? by Rachael Segal.

January 13 - New Transportation Article Legalizing Marijuana: Drugged driving and how insurers can manage risk by Michael Blinick and Aryeh Samuel.

January 10 - Congrats to MB for making the Top Ten Insurance Defence Boutique List on Canadian Lawyer.  

January 9 - Bogdan Miscevic's Article: Important decision on when catastrophic accident benefits become overdue - was picked up by OIAA - WTG! https://lnkd.in/eP4ZHzD

December

December 29 - Student blog - Utilizing my advocacy skills in court  - by Marla Rosenblatt-Worth

December 14 -  article Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers By Michael Blinick and Josh Sugar

December 13 -  article Mould Growth Personal Injury Claims Spreading by Matthew Dugas

December 12 - Featured Case Study: Raho Mohamud v. Old Republic Insurance Company by Garett Harper

December 7 - Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment by Sean Valentine

December 6 - Let's Settle This! - New Student Blog by David Perron

December 2 - Featured Case: Aranas v. Kolodzieg -  The buck stops here: A rare summary judgment win for the defence - written by Marla Rosenblatt-Worth

November

November 30 - Self-Driving Cars: Taking the Wheel out of your Hands By Eric W.D. Boate & Cassandra Khatchikian

November 28 - Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? by Michael Blinick

November 28 - All 7 Parts are posted in the First Party Claims  - First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer - By Patricia A. Lawson, Samaneh Frounchi, Mercédes Marin, 
Marisa Gilmore, and Cassandra Khatchikan

November 24 - Case Study for Mock Pre-Trial posted, along with the Fact Scenario & Pre-Trial Memos - See Handouts page

November 14 - Pre-Trial Conferences: Down to the Wire - Student Blog by Victoria Mitrova

November 11 - Lawyers Weekly quotes Anthony Gatensby in the article - Nova Scotia to revise flawed cyberbullying law

November 7 - Law Times News Release "Judge has strong words for jury trials in civil cases" - Frank DelGiudice's winning case is featured!

November 6 - AB Article - Important decision on when catastrophic accident benefits become overdue by Bogdan Miscevic

November 6 - AB Article - How serious must a serious impairment be? - Case Study By Domenic D. Nicassio

November 3 - Article - The Canadian Inter-Company Arbitration Agreement: How does it work? by Peter Yaniszewski & Michael Vrantsidis

October

October 25 - News Alert - Former Nursing Home Employee Charged with 8 Counts of First Degree Murder by Sean Valentine and Michael Blinick

October 25 - Reflecting: An Articling Must - student blog by Cassandra K.

October 20 - Transportation Law Article - Ontario Is Making Roads Safer One Winter Tire At A Time By Eric Boate & Cassandra Khatchikian

October 12 -  Article - Employment Law: Human Rights Claims - By Sabrina Lucibello and Marla Rosenblatt-Worth

October 12 -  Article - Torts that Flow from a Wrongful Dismissal Claim: Part 5 of 6 - By Sabrina Lucibello and Marla Rosenblatt-Worth

October 11 - Article - Causation, Causation, Causation — Is What's Old New Again or Are Times A "Changing" by Catherine Korte and Bogdan Miscevic

October 11 - Article - Employment Law: Notice: Part 4 of 6 - By Sabrina Lucibello and Marla Rosenblatt-Worth

October 7 - Transportation Article - 2 parts - How Much is this going to cost me - Local Decisions on Costs - Case Study No. 1 Corbett v. Odorico and Case Study No. 2: Carroll v. McEwen  by Megan Murphy

October 7 - Subrogation Article - Subrogation and Assessment of Claims by Adam Grant

October 7 -  Employment Law Article - Termination / Dismissal Part 3 of 6 by Sabrina Lucibello and Marla Rosenblatt-Worth

October 6 -  Construction Law Article - Expert Review of Ontario's Construction Lien Act - By Eitan Kadouri and Eric Turkienicz

October 6 -  Construction Law Article - The Supreme Court Rules on Faulty Workmanship Exclusions and Interpreting Standard Form Contracts by Eitan Kadouri

October 5 -  Employment Law Article - Employee & Employer Obligations - Part 2 of 6 - by Sabrina Lucibello and Marla Rosenblatt-Worth

October 5 -  D&O Article - Duties and Liabilities of Directors and Officers by Marie-Pier Couturier, Shayan Kamalie, and Mahdi Hussein

October 5 -  Subrogation Article - Spoliation 101 - by Irina Sfranciog

October 4 - New Location Announcement - As part of our ongoing commitment to provide extended services throughout the Province, our new Barrie office provides complete Litigation, Alternative Dispute Resolution, and Risk Management services. read full announcement

October 3 -  D&O Article - Primer on Director and Officer Liability Insurance by Adam Grant, Mahdi Hussein and Shayan Kamalie

October 3 -  Employment Article - Employment Law: Terminology by Sabrina Lucibello and Marla Rosenblatt-Worth

October 3 - Subrogation Article - Mitigation: Loss Control & Failure to Prevent  by Marie-Pier Couturier 

September

September 30 -  Article - Caring for the Elderly and the Duty to Supervise by Sean Valentine and Michael Blinick

September 30 - Student Blog - Life Outside the Office - by Shayan Kamalie

September 28 - Article - The "Lullaby Standard of Care" for Tavern Owners - Case Study: Linton v. Tholos Restaurant et al by Robert Smith

September 23 - Article - No Nonsense LAT - MB at the forefront! by Bogdan Miscevic

September 23 - Article - Strategies for Managing Claims related to Subjective Illnesses or Injuries in a Mediation by Van Krkachovski & Shayan Kamalie

September 19 - Check out the CLC Golf Pics from September 9 - 4th Annual Golf Day.

September 15 - New Article - The Mechanics of the Duty to Defend by Garett Harper & Aryeh Samuel

September 13 - Article - PIPEDA and the Internal Complaints Process of Insurers and Banks by Anthony Gatensby

September 9 - Student Blog - Preparing for the Fastest 17 Minutes of your Life - OCI Interviews by Mahdi Hussein

August

August 23 - Marine Article - Lockdown at the Harbour: Arresting Multiple Ships? by Anthony Gatensby

August 18 - Featured Case Study - Summary Judgment in Third Party Claims  - Alive & Viable on Claims for Contribution & Indemnity by Michael Blinick & Sean Valentine

August 17 - First Student Blog for 2016 Articling Students - Summer Student Application Tips by Karen B.

August 17 - Transportation Law article on Cargo - Declaring Values on "Contracts of Carriage" in Ontario by Anthony Gatensby

August 17 - The Summer Students of 2016 have left the building - BUT they will all be back next fall - read their final words of (new found) wisdom - go to their blog

August 12 - Transporation Article - Reasonable and Necessary: Defining the elusive test from the Statutory Accident Benefits Schedule by Michael Kennedy

August 12 - Summer Student blog - They can't teach you this in law school: Litigation as a vocation by Alexander Steffan.

August 5 - Case Study - Court of Appeal Decision on Dependency in a Priority Dispute Dealing with New Relationships by Olga Zemlinsky

July

July 29 - MB's GTA Peeps enjoy a sunny day watching the Jays Game.  see photos

July 28 - The latest Students' blog - Reality Check: With OCIs around the corner... by Melissa Parravano

July 27 - MB's Ottawa office puts the “Fun” in their Summer Fun Day! With panache and courage they all discovered their inner artist; however, most have decided to stick with their day jobs ;D see photos

July 15 - Personal Injury Article - Pokémon Go: Augmented Reality is the New Reality for Liability Insurers by Michael Blinick & Michelle Legault

July 15 - Summer Student Blog - Sherlock Holmes of the Legal Profession - by Jessica Margeit

July 7 - Transportation Article - Update on Issues relating to Autonomous Vehicles: Recent Fatality & the Anticipated Challenges arising from the Accident by Michael Blinick & Michelle Legault

July 5 - Mediation Article - An overview of the statutory obligations for insurers to participate in mediation and to attempt to settle by Van Krkachovski & Emily Kostandoff

July 5 - Summer Student Blog Approaching The List like Goldilocks by Michelle Legault

June

June 29 -  Transportation Law article - Mandatory Training for Commercial Truckers a Welcome Change by Peter Vlaar

June 29 -  Employment Law article - Back to the Future Causation Alert: Clusters Trumps Medical Causation in Judicial Review of Technicians' Breast Cancer by Brian Murphy

June 29 -  Featured Case: Zuk v Atkinson Answer Undertakings in a Timely Fashion or Your Case May be Dismissed by Frank DelGiudice & Mark Borgo

June 28 -  Summer Student Blog Trust the Process by Emily Kostandoff

June 20 -  Summer Student Blog Mathematics in Litigation by Gabriela Caracas

June 15 - Article When to say Enough? Marfo v. Ahmed: A restatement of the law regarding defence medical examinations - by Katie McBride

June 14 - Summer student blog, Bridging the Gap: Who wants to play 21 Questions? by Mark Borgo.

June 3 - First 2016 Summer Student Blog, Hit the Ground Running by Taskeen Abdul-Rawoof

May

May 27 - Student Blog, Make the most of it by Shene Harris

May 3 - Student Blog, When possible, just pick up the phone by Alex Robineau

May 2 - Article: Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers by Michael Blinick and Leona Kung

May 2 - Article: Bring out your calculators! Retroactive Attendant Care and SABS interest by Catherine Korte, Anthony Gatensby, and Bogdan Miscevic

April

April 23 - Personal Injury Case Study - Waivers Gain Additional "Armor" in the Defence of Personal Injury Litigation - by Garett Harper

April 13 - Congratulations to Isabella Fiorillo, a Legal Assistant with MB, who was a recipient of one of the 2016 Legacy Awards. For the past four years, Isabella has been volunteering with the Toronto Youth Justice Committee as a Restorative Justice Facilitator.  See Personal Note for details.

April 7 - AB Case Study Is there a 10 day time period on EUOs? Case Comment: Choeun ats Allstate by Domenic Nicassio

March

March 28 - AB Case Study The Importance of Clear, Unequivocal Refusals - Falcon and State Farm - by Domenic Nicassio

March 18 - AB Article Insurers Seeking Recovery of Overpayment? Beware of Notice Requirements - Case Comment: Intact Insurance v. Marianayagam 2016 by Domenic Nicassio

March 17 - MB welcomes Domenic Nicassio; a new lawyer to the Toronto office. Domenic has extensive experience representing insurers with respect to bodily injury claims and accident benefit disputes. Read his full bio.

March 14 - AB Article: Will the Cap on Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No' by Domenic Nicassio

March 14 - AB Article: John Hancock would be proud: Chaparina and State Farm and the importance of signatures on accident benefits treatment plans 

March 9 - Student Blog - All Work No Play? Think Again… by Leona K.

March 8 - MB & Northbridge polished their bowling shoes for third annual bowling night! See Photos

February

February 26 - Employment Article: Employers Beware: An Employee Charged Criminally for Sexual Assault May Not Be Sufficient Grounds To Terminate with Cause - by David Elmaleh

February 26 -  Article: $30,000 Awarded for Defamatory Statements Made on Facebook 

February 22 - AB Article: The requirement to provide "medical reasons" when denying treatment plans: a ticking time bomb? 

February 22 - Goodbye FSCO, Hello LAT!  New article on how accident benefit disputes will be handled - by Michael Kennedy

February 19 - Photos for MB's Winterfest Ski Day 2016 are published.

February 17 - Recent decision case study:  Superior Court Re-Affirms that Bus Drivers are Held to a Higher Standard of Care by David Elmaleh and Michael Blinick

February 9 - Recent decision case study: Divisional Court Comments on Termination Rights of Employer during Probation Period by David Elmaleh

February 8 - Student blog Case Study: A Cautionary Tale by Aryeh S.

February 3, 2016 - Case study: New Privacy Tort Recognized in Ontario: Jane Doe 464533 v. X .

February 2, 2016 - Student blog titled: Managing Stress by Carol-Anne M.

February 1, 2016 - Go to Photos Albums for pics from CLC/THG Joint Winter Conference, Florida