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 UPDATED NOVEMBER 16, 2018

November

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 David Elmaleh and 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 Megan Murphy and Lee Chitty

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

October 27 - Accuracy of Surveillance Reports by Jessica L. Kuredjian

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 26 - David Elmaleh's article All is Fair in Love and Insurance was reprinted by Toronto Law Journal

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 David Elmaleh and Lee Chitty

September 14 - What Happens When You Tell Your Boss You Want to Retire... and then Change Your Mind? By David Elmaleh and 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 David Elmaleh and Egi Troka

July

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

July 23 - David Elmaleh was quoted in the Law Times' article - Ruling dismissing libel action to be appealed - re: anti-slapp provisions

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 for David Elmaleh & Aryeh Samuel

July 11 - World Cup of Violence: Are Soccer Clubs and Leagues Liable for "On Field" Fisticuffs? By David Elmaleh and 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 David Elmaleh & 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 David Elmaleh and 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 David Elmaleh and Gabriela Caracas

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

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 David Elmaleh and Gabriela Caracas

March

March 27 - The Practice of Law - Student blog by Gabriela Caracas

March 27 - Freedom of Expression in the 'Trump Era' Is a "Trump is right. F**k China. F**k Mexico" Sign Protected Speech? by David Elmaleh and Gabriela Caracas

March 26 - Improper Policy Cancellation Leads to "Risky Business" Case Comment: Minister of Finance v AXA Insurance by Howard Borlack and Michelle Legault

March 23 - Case Management: Be Zealous But Be Reasonable by Aryeh Samuel

March 22 - Autonomous Vehicles vs. Pedestrians: Who is at fault? by Peter W. Vlaar and Van Krkachovski

March 21 - Cloudy with a Chance of Money: Overcoming Obstacles in Subrogated Claims By Marie-Pier Couturier

March 21 - Duty to Mitigation by Eric W.D. Boate

March 21 - Immunities and Exploits: Considerations for Subrogation as against Municipal or Regional Governments by Adam Grant

March 12 - Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith by David Elmaleh 

March 7 - Legislature Passes Concussion Safety Legislation with Bill 193: Rowan's Law (Concussion Safety), 2018 by Jim Tomlinson & Michelle Legault

March 5 - Advice from the Toronto Articling Students 

March 2 - The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death: Case Study: Isaac Estate v Matuszynska by David Elmaleh & Gabriela Caracas

February

February 23 - Fifty Shades of Grey: Contractual Interpretation in the World of Email Negotiation and Sex Toys by David Elmaleh 

February 20 - MB lawyers, Alan Drimer & Eric Boate, enjoyed a Curling Bonspiel hosted by OIAA - see pics

February 16 - Legal Themes utilized for Medical Liability by Catherine Korte and Bogdan Miscevic

February 16 - Latency of Claims for Allied Healthcare Providers 

February 16 - Collaborative Care and Vicarious Liability 

February 14 - Do Excluded Drivers have access to AB Coverage? See Court of Appeal Ruling 

February 13 - Emerging Trends in Personal Injury Damage Awards - by Van Krkachovski 

February 12 - Pics Posted for Toronto Lawyers Feed the Hungry - See Photos

February 12 - Transitioning from Articling Student to Lawyer - student blog 

February 8 - Cargo Storage: A Minefield of Regulation 

January

January 30 - Benchmarking at the halfway point - Student blog by Danielle Ralph

January 29 - McCague Borlack LLP is pleased to announce the following three lawyers have become Partners effective January 2018. Annette Uetrecht-Bain, Megan Murphy, Matthew Dugas. Read more

January 29 - When is income 'earned' and therefore deductible? 

January 19 - What will cause an automobile tort claim to flop? Case Comment: Nadarajah v. Aviva Canada 

January 15 - Holiday Cheer: Work Hard, Play Hard - by Melissa Parravano 

January 9 - Insurer's Duty of Good Faith will not be expanded by Supreme Court - Case Comment: Usanovic v. Penncorp 

January 3 - The Team: A Shout-Out to Support Staff - Student Blog 

December

December 21 - Court Orders up to $600,000 Advance Payment in Advance of Personal Injury Med-Mal Trial - by David Elmaleh and Danielle Ralph

December 20 - The Personal Injury Bar's Worst Fear: Not Enough Evidence to Put Question to a Jury - By David Elmaleh 

December 20 - Teenagers will be Teenagers: Did a Mother Give (Implied) Consent for Her Son to Possess and Operate Her Car? by David Elmaleh 

December 19 - HPARB Rules on Kinesiologists and FAE Reports - Featured Case: C.M. & P.M. by Howard Borlack and Michelle Legault

December 18 - Show me the Money? Only if you can show me the hazard! - By Melissa Parravano