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.

Follow MccagueBorlack on Twitter

News

NEWS UPDATED MARCH 21, 2019

March

March 21 - Is anyone ensuring that your Mink Lashes are cruelty-free? An Overview of the Regulation of Fur Farming in Canada  By Miranda Serravalle, Karen Bernofsky and Jessica Murphy

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

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

February

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

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 by Karolina Iron

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

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 by Jessica Murphy

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

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

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? By Priya Chopra

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

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

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 by Andrew Valela

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

January 7 - Lessons learned at the half-way point - student blog by Priya Chopra

January 7 - Featured Case: Sankreacha v. Cameron J. and Beach Sales Ltd. written by Lee Chitty

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 By Karolina R. Iron

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

December

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

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

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

November

November 28 - A Day in Divisional Court - student blog by Lee Chitty

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

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

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

October

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

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

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

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

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 by Jessica Murphy

September

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 and Jessica Murphy

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

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

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 by Karolina Iron

August

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

July

July 30 - Networking Tips for the 2L Recruit - Summer Student Blog by Ryan Smith

July 17 - 6 Simple Steps to a Successful Summer - Summer Student Blog by Brittany Rizzo

July 12 - Strategic Lawsuits Against Public Participation - A "Win" for Freedom of Expression - Featured Case Study: Lascaris v B'nai Brith, 2018 ONSC 3068 

July 11 - World Cup of Violence: Are Soccer Clubs and Leagues Liable for "On Field" Fisticuffs? By Ryan Smith

July 9 - Justice Must Not Only Be Done, it Must be Seen - The LAT's Mandate to Ensure Both the Existence and the Appearance of Adjudicative Independence in their Decision-Making Processes by Matthew Dugas and Jamal Rehman

July 6 - The Virgin Diary - My First Mediation by Israel Klein

June

June 29 - To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis - Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack and Israel Klein

June 28 - Secrets Between Children and Parents: Are Litigation Records of a Children's Lawyer subject to Father's Freedom of Information Request? by Brittany Rizzo

June 28 - Let’s Get Cracking: Tips for 2L Summer Recruitment Prep by Alyona Kokanova

June 27 - Insurers Beware: Ontario Court Rules Underwriting and Broker Files are Producible in Tort Litigation when Consent is a "Live Issue" by Carly Jacuk

June 19 - Articling in Ottawa - Yours to Discover - Summer Student Blog by Carly Jacuk.

June 14 - The Step from Law School to Law Firm - Summer Student Blog by Anisha Bhardwaj 

May

May 25 - Adam Grant was quoted in Canadian Underwriter's article Did 1970s fire insurance subrogation decisions really set a precedent?… further to his article "Liability Limits in Subrogation" which has a new addendum.

May 24 - Common Interest Privilege: A New Tool in the Litigation Basket - Case Comment: Iggillis Holdings Inc. v Canada (National Revenue) by Howard Borlack 

May 24 - Eyes Wide Shut: The Best Defence is a Good Offence - Cyber Liability By Catherine Korte and Karen Bernofsky

May 24 - Autonomous Vehicles and the Future of Litigation By Karen Bernofsky and Peter W. Vlaar

May 24 - Risk Management and Cannabis in Ontario - What is going to be legalized and when? by Miranda Serravalle 

May 24 - MB hosted the 2018 ORIMS AGM, PD Conference & Spring Fling Reception - download speaker handouts.

May 23 - Here, There and Everywhere, Chasing Fraudsters - An Indictment in a New York Slip and Fall Scheme raises concerns about Insurance Fraud by Howard Borlack and Michelle Legault

May 9 - Discoverability Dilemma: Limitation Periods for Contribution and Indemnity Claims - Case Study: Mega International Commercial Bank (Canada) v. Yung by Adam Grant 

May 4 - Marshall Report: Progress To Date By James Tomlinson and Melissa Parravano

May 4 - The Art of Due Diligence: Priority Disputes Among Insurers By Catherine Korte, Bogdan Miscevic and Michelle Legault

May 4 - Duty to Defend an Additional Insured Under a CGL Policy By Matthew Dugas 

April

April 27 - Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment Case Comment: McDonald v McDonald by Howard Borlack and Gabriela Caracas

April 24 - Security Breach Reporting Requirements under the PIPEDA starting November 2018 By Michelle Legault

April 18 - Couple Caught in Bidding War Frenzy Reneges on Purchase of Dream Home, Liable for Damages by Gabriela Caracas

April 15 - Location Matters: Superior Court Rescinds a $95,000 Contract for Toronto Maple Leafs' Season Tickets  

April 12 - "Waive" Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers - Featured Case of James Tomlinson and Garett Harper

April 11 - Essential Gear - A Survival Guide for Articling Students 

April 10 - The Production of Cell Phone Records in the Age of Distracted Driving - Expanding the Limits of Disclosure - by Eric Boate & Danielle Ralph

April 10 - Occupier's Liability: A Board Meeting Gone Wrong - Case Comment: Omotayo v Da Costa et al. by Gabriela Caracas