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.
May 17 - Newest MB Student Blog titled Flies and honey Fave quote from it "We are all educated, skilled and trained in the same laws but we have one thing that sets us apart from one another: our reputations."
May 14 - Lorne Honickman on Global News talks about suspect Dellen Millard exercising his 'right to remain silent', and how an anti-piracy firm is targeting Canadians who download illegally - watch video.
May 10 - Article by Jessica Green: Case Study: When Does 'Complete' mean 'Less than Everything'? A FSCO Fait Accompli? re: a recent FSCO arbitration decision Hensworth v. State Farm - Arbitrator awards post-104 week IRBs to a woman who returned to work and earned post-accident income comparable with her pre-accident income.
May 6 - Newest MB Student Blog titled Words of Wisdom... stresses to take advantage of your opportunities.
April 26 - Two new seminars have been added to MB's upcoming events schedule - Sports Liability and Transportation Law. Contact firstname.lastname@example.org to be added to the mailing list and be notified when more info is announced.
April 25 - Newest MB Student Blog titled "Lessons learned". Lists 10 tips shared by the students on how they survived their articles.
April 21 - Newest MB Student Blog titled "Tech Talk" gives insight into all the technology in use in a law firm.
April 15 - Newest MB Student Blog titled "Back to the Future" reflects back on OCI's and looks at where he is at now.
April 10 - Lorne Honickman appears on Global News and discusses how it is possible that no charges were laid for the Parson's case and if and how it could be reopened. As well Lorne explains the difference in possible pleas in the Magnotta case. View video
April 7 - Newest MB Student blog titled "Work/Life Balance" was posted. Gives an update into one articling student's social and work calendar.
April 2 - Our MB Student blog, written by our Articling Students, now has over 1000 views for 8 posts! WTG!
March 28 - Newest MB Student blog titled "Survey Says" was posted. Gives some insight on some of their favourite things.
March 27 - Lorne Honickman is quoted in the Global News article & video clip: Analysis: Richard Kachkar found not criminally responsible http://globalnews.ca/news/434217/analysis-richard-kachkar-found-not-criminally-responsible/ PLUS
March 21 - Newest MB Student blog titled "Oh The Places You’ll Go!" is now posted
March 19 - McCagueBorlack is proud to sponsor CATA Alliance's award for Outstanding Product Achievement in advanced technology. The McCague Borlack Award will be presented at CATA’s 28th Annual Innovation and Leadership Awards Gala Dinner, hosted by the Telfer School of Management, University of Ottawa on May 29, 2013. See announcement.
March 15 - Newest MB Student blog titled "March Madness" was posted
March 8 - Newest MB Student blog titled "No Shortage of Excitement" was posted.
March 4 - Newest MB Student blog titled "A Look Back" was posted
February 25 - Newest MB Student blog titled "Dear Future Candidates" was posted
February 21 - Lorne Honickman is quote in Global News article "Police search on arrest of cellphones with no password intrusion of civil liberties: expert"
February 15 - Newest MB Student blog titled "Where Everybody Knows Your Name" was posted
February 7 - Newest MB Student blog titled "Introduction" was posted
January 31 - Two Six Nations police officers have been found not guilty on all charges of forcible entry, assault and confinement. Congrats to MB's Lorne Honickman who was the defense lawyer representing Officer Bomberry. For case details read the article in Brantford News.
January 7 - McCague Borlack LLP is proud to have made the Canadian Lawyer's Top 10 insurance defence boutiques list again for the 2nd Year in a row! CL runs a short online survey and from there drew on the experience of in-house counsel and large-firm lawyers who refer work to these boutiques, conducting a series of confidential interviews to identify the cream of the crop. That input was used to compile the following results, listed in alphabetical order. Read full article.
January 8, 2013 - Grant Gold is quoted in the CBC News article "How to avoid travel health insurance pitfalls" providing advice to the traveller re: what information is important to have on hand should a medical emergency occur.
December 13 - New article from Dina Maxwell - Dismissal with just cause is assessed through contextual approach - read article
December 11 - Lorne Honickman, is featured on Global News Toronto, speaks about The Prank call and the possible legal ramifications, Drs. rights to call off medical treatment, random breathalizers. Go to Video
November 29 - Lorne Honickman, is featured on Global News Toronto, speaks about internet piracy "It's stealing...". Go to Video
November 27 - Tthe Court of Appeal released its decisions affirming Reliance's responsibility for property damages as a result of leaking hot water tanks. McCague Borlack LLP lawyers Hillel David and Mark Mason were counsel in this important subrogation decision. Go to full case study
October 6 - Kudos to the McCague Borlack "Run for the Cure 2012" team who participated in the Toronto leg to help raise over 30 Million. Go to Photo Gallery
August 2012 - This year, six lawyers from McCague Borlack LLP have been selected by their peers for inclusion in *The Best Lawyers 2013 listing.
• Howard Borlack for both Construction Law, and Corporate and Commercial Litigation,
• Gary Caplan for Alternative Dispute Resolution,
• Grant Gold for Family Law,
• Doug McInnis for Insurance Law,
• Paul McCague for Personal Injury Litigation, and
• Nicole D. Tellier for Products Liability.
August 2012 -accepted to serve as Liaison from the ABA Section of Family Law to the Cdn Bar Assoc Family Law Section for the year 2012-2013
July 10 - 2012 -
July 16, 2012 - Mark Mason is speaking at the NASP Conference re: Collett v. Reliance Home Comfort and will discuss the recent Divisional Court decision and its ramifications not only for subrogating hot water tank claims but also for consumer leased products in general.
July 9, 2012 - MB has included two new practice areas. Debt Collection & Recovery and Landlord and Tenant Group. Read up on what services are provided for each of these areas and which lawyers are members.
June 15, 2012 - Jocelyn Tatebe attended a meeting at the Financial Services Commission of Ontario (FSCO) on May 25th, here are the current issues and developments as discussed during the meeting: Parveen v. Aviva decision, Notifying FSCO when files settle, Consent failures, and Outsourcing mandatory mediations. Read full FSCO meeting article.
June 14, 2012 - Featured Case - Thayalan and Wawanesa Mutual - Michael Kennedy, Associate Lawyer, representing the Insurers received a favourable decision for MB's client. Read the full case summary "Credibility is Key" or Arbitrator Fadel's report. FSCO Case A10-003528.
June 2, 2012 - Grant Gold, Chair of our Family Law practice area was quoted in a CBCNews Canada article Spousal support guidelines working well, study says . "They changed our work immensely because spousal support up to that time was a bit of a guessing game," Grant said in an interview. "You had no idea what the test was. You had no idea what the amounts were going to be. ... It was a large crap shoot when you went into a trial, or even when you went into negotiations."
May 31 - Press Release - McCague Borlack LLP announces the opening of a new branch office in the heart of Ottawa's business district in September 2012. Paul McCague and Howard Borlack are quoted and the head of the Ottawa team is announced. Read full Press Release.
May 17 - Two Health Care articles published by Maya Jacob
- A Challenge to Anonymity for Donor Offspring and
- The New Era of Auto Insurance Fraud - Identity Theft and the Health Care Practitioner.
May 16 - McCague Borlack LLP is pleased to announce that it has entered into an association with International law firm DAC Beachcroft LLP effective May 1, 2012. This association will allow DAC Beachcroft and McCague Borlack to jointly service clients with interests in both the London and Canadian markets. Both firms will use one another's office facilities to complete work for mutual clients and take advantage of opportunities to second staff between the two firms. The agreement will significantly strengthen the market reach of both firms and will enable the provision of a more comprehensive service for major clients. McCague Borlack looks forward to the opportunity to work closer with our friends at DAC Beachcroft.
May 15 - MB is pleased to announce that our Articling Students; David Elmaleh, Megan Mutcheson, Samantha Share, Stefanie Vescio and Emily Zeppa are going to be joining us as associates following their respective call to the Bar and a well deserved summer vacation. We are excited to continue to work with them as they grow their careers at MB. Please join us in extending our best wishes to them for a successful and happy legal career.
May 11 - Read Michael Kennedy's summary article on the overturned decision by Justice LaForme re: car-jacking qualifies as an accident which is favourable to insurers.
May 10 - MB's Amazing Receptionist, Rose DeFrenza wins as First Canadian Place's TOP ADMIN PROFESSIONAL! Read what her fellow employees think of her. Winning Entry.
May 8 - Article in The Lawyer's Weekly "Libel Forum is where reputation lies" where Lorne Honickman is quoted "If you're going to sit in your basement writing a blog and defaming a company or individual, you better be prepared to defend yourself wherever the damage to someone's reputation occurs." Read full article.
April 30, 2012 - Read case study just published re: an MB while representing our insurers. The issue before Justice Sheffield was whether the plaintiffs’ liability coverage was improperly removed by their insurance broker and our client, Lombard Canada Ltd., such that coverage should have responded and indemnified the plaintiffs for an underlying claim in negligence. Read full study or court file No. 065/08.
April 18, 2012 - McCague Borlack was on winning side of two cases released by the Supreme Court of Canada this week. The Supreme Court of Canada released its long-awaited “Jurisdiction Trilogy”, three decisions considering private international law as it relates to litigating claims with extra-jurisdictional elements. McCague Borlack LLP was involved in two of the three cases and is pleased to announce that the Supreme Court upheld the positions of its clients in both. The Jurisdiction Trilogy provides clarification as to when a court may assume jurisdiction over claims, known as jurisdiction simpliciter, and further, when a court may decline jurisdiction on the grounds that another forum is clearly more appropriate. Read more
April 16, 2012 - Read Tracy Brooks' case study published further to the Arbitrator Richard Feldman decision in Aweys and Intact Insurance released on March 19, 2012. Four Insurance companies brought a motion for a stay of proceedings in 15 arbitration cases pending at the Financial Services Commission of Ontario (FSCO). The motions were heard together. The cases all involved claims for statutory accident benefits submitted by or on behalf of insured persons from three rehabilitation facilities. The Insurers take the position that the Facilities are related to each other and that many of the claims submitted were of dubious merit, that the Facilities engaged in conduct that was deliberately intended to unjustly enrich the Facilities, and in some instances, allegations of misrepresentation to the Insurers. Read full case study...
While the volume of Applications for Mediation being filed and the limited number of FSCO mediators available to handle them are the primary source of the problem, this article address the three factors that are exacerbating the problem.
March 27, 2012 - The Ontario Court of Appeal released a decision on March 22 that deals with an insurer's alleged failure to settle a third party claim in a timely manner. The court decided that this claim for "bad faith" is not a breach of contract, but rather a breach of the independent duty to act in the utmost good faith. Read Michael Kennedy's case study and why this case is important to insurers.
March 20, 2012 - The Accessibility for Ontarians with Disabilities Act (AODA) came into force in 2005 with the goal of making Ontario completely accessible for persons with disabilities by January 2025. Go to Lia Preyde's recent article to read all the mandates and when they come into effect.
March 2, 2012 - Read up on the newly published bios of MB's Law Clerks and/or Paralegals. Find out who worked in Korea, who is studying for a Psychology Degree, who participates in triathlons, who is on the firm's baseball team and much more!
February 28, 2012 - Grant Gold, Chair of our Family Law practice area was quoted in CTVNews.ca article Feds to close same-sex marriage loophole. Grant Gold said the problem wasn't noticed at first because same-sex marriage was relatively new and it hadn't been tested in a divorce case. "I certainly wasn't aware of it as a problem until this last case came forward with the absurdity of the position the government took in my view, which is if the marriage wasn't recognized as legal in a home jurisdiction, it wasn't recognized as legal in Canada, even though Canada allowed the marriage," he told CTV News Channel Friday. Gold said the proposed changes are good for same-sex couples who want to end their marriage, but live in another country. "It means they can come to Canada, they can get divorced, and then they're free to marry again if that's what they choose to do," Gold said.
February 25, 2012 - Two recent decisions, one of the Ontario Superior Court, the other an arbitral decision of the Financial Services Commission, have interpreted the “60 day” mediation provisions at section 19 of the Dispute Resolution Practice Code as mandatory. Where mediation does not occur within 60 days, the mediation is deemed to have failed, and the insured person may pursue arbitration or litigation. Read the full article by Tracy Brooks including the case summaries...
February 20, 2012 - MB once again supported Ronald McDonald House Charities (RMHC) Canada in their 2012 RMHC Tremblant Ski Challenge. The event raised over $170,000 for Ronald McDonald Houses across Canada.
January 17 - Read bios on our three newest lawyers: Prevain Devendran, Jody Iczkovitz, Dina Maxwell, One of these new lawyers has an Engineering Degree another their CIPP Designation and another has appeared before the Financial Services Commission. All are fascinating people.
January 16 - Grant Gold is quoted in The Globe and Mail article Ottawa affirms legality of same-sex marriages performed in Canada. “What probably happened was that at the time the same-sex-marriage legislation was being passed, people were focusing on the positive and not the negative,” said Grant Gold, a Toronto family lawyer. “The euphoria of the moment might have taken over.”
January 7 - The Ontario Court of Appeal released its decision, on Dec 23, in Kusnierz v. Economical, 2011 ONCA 823 confirming that an accident victim does not have to establish catastrophic impairment on the basis of physical impairments alone, or psychological impairments alone. Read the full case summary written by Michael Blinick published in Transportation Newsletter.
On December 19, 2011, John Derringer gave MB a shout-out for their donation to Q107's 13 Days of Christmas in support of The Canadian Centre for Abuse Awareness and Martin Kruze Memorial Foundation. John thanked everyone at MB for giving so generously. "Your dollars will help a whole lot of children have a gift this Christmas that would not have if it were not for you!"
On December 12, 2011, Mark Mason is quoted in The Toronto Star's article "When a rented water tank leaks, who pays?" further to the decision below. "The court said that Reliance promised to provide the homeowners with a working hot water tank at all times. If the tank failed, Reliance undertook to replace it. If it required service, Reliance provided it," Mason said.
On December 7, 2011, the Ontario Divisional Court released its decision in two appeals, in MB Clients' favour, that both involved property damage caused by the failure of leased hot water tanks. The appeals raised a number of issues relating to implied warranties in lease agreements, the application of the Consumer Protection Act, etc. Full case summary...
September 2011 - Five lawyers from McCague Borlack LLP have been selected by their peers for inclusion in *The Best Lawyers International® 2012. The lawyers are Howard Borlack for both Construction Law, and Corporate and Commercial Litigation, Gary Caplan for Alternative Dispute Resolution, Grant Gold for Family Law, Nicole J. Tellier for Products Liability and Doug McInnis for Insurance Law.
September 27, 2011 - Grant Gold is quoted in the Lawyer's Weekly article Judge Brownstone goes prime time regarding Ontario Judge Harvey Brownstone's role in television series on family law. “He's very bottom-line driven about issues and I would bet we will see that on television."
September 7, 2011 - Grant Gold was quoted in the article Ontario judge’s showmanship leads to TV series in the Globe and Mail regarding Ontario Judge Harvey Brownstone's role in television series on family law. Grant said the legal profession tends to see Judge Brownstone as an entertaining educator who provides sound advice about legal processes. He said the judge has little to fear provided he stops short of giving legal advice on specific cases. "To the extent that his goal is to educate the public, I think the TV series will be a big tool. You’re not going to see him operating like a Judge Judy. I don’t think he is doing this as a shock talk show for ratings. He’s doing it as part of his role as a public educator. I don’t think there is anything wrong with demystifying the family-law process.”
August 9, 2011 - Grant Gold is quoted in the article Hey Judge, where's my ruling? in the Toronto Star regarding his take on how to handle when judges delay rulings. “It’s a really difficult judgment call,” said Grant. “As a lawyer, you want to be careful that you don’t sort of write the judge and say, ‘Oh, did you forget about us?’ Because you risk, at that point, angering the judge. So typically, you don’t do anything until it gets to the point where it’s really ridiculous or there’s some urgency.” The only other “practical” solution, said Gold, is to speak with the senior regional judge.
August 2, 2011 - McCague Borlack's new 2011 Articling Students start today. Big welcome to Samantha Share, Megan Mutcheson, Stefanie Vescio, Emily Zeppa, David Elmaleh, and Valarie-Marie Gagovski.
July 25, 2011 - Grant Gold was appointed as Liaison from the ABA Section of Family Law to the CBA Family Law Section for the year 2011-12.
July 18, 2011 - Grant Gold is quoted in the article Ontario changes divorce protocol in the National Post further to the pilot program expanded on Monday to include all couples filing contested divorce proceedings in Ontario, in where each spouse will be given a sheet regarding the mandatory information session. Their contested divorce proceedings cannot move forward through the system until the form is stamped with confirmation of their attendance. Grant said he welcomes the latest rules, having seen first-hand as a volunteer session-leader that minds can, indeed, be changed. "On applicants’ night, they’re all kind of gung-ho because they started this whole thing and they want the divorce,” he said of the sessions in Toronto, which launched its own program within the Superior Court system several years ago. “On respondents’ night, you see people who are all uptight and cranky that they have to be there. But by the end of the two-hour session, you can see people’s shoulders go down…. You hear people saying their eyes were opened to different processes.”
Grant Gold is quoted in the article In whose interest? in the upcoming National magazine further to the proposed Bill C-422 which would presume equal parenting rights after divorce. "I’ve been to some of the fathers’ rights groups meetings, and this is what they all believe, that they should absolutely have equal time with their kids,” says Grant "But the reality is that even in most together families, there isn’t equal parenting time. In separated families, to suddenly impose something that doesn’t exist in intact families, on the one hand is wrong — and on the other, it doesn’t look at what’s best for children.”
May 31, 2011 - MB welcomes this year’s summer law students: Jesse Bellam, Malak Nassereddine, Natalie Groen, Ricki Stone, Faizie Bagheri, Amanda Stellings, Valerie Stiso
May 16, 2011 - MB lawyers are in London and Madrid the week of May 16th to meet our European affiliates and participate in seminars on international legal issues.
May 10, 2011 - Grant Gold and Alan Drimer, members of our Sports, Recreation and Resort Liability Practice Area, attended the National Ski Areas Association Conference in Carlsbad, California on May 4-7th, 2011. The conference included representatives of every major ski area in North America, and some from Europe. McCague Borlack LLP is the only Canadian Law firm to be a member of NSAA.
May 9, 2011 - The MB legal team is travelling this week to Sioux Lookout to attend First Nation ceremonies before the start of their six month trial.
May 6, 2011 - MB Lawyers attended a packed room for Canada Night at the 2011 RIMS (Risk Management Society) Conference in Vancouver, BC http://bit.ly/kzAlT0
April 15, 2011 - Mark Mason, partner and head of McCague Borlack LLP’s subrogation and products liability practice groups, has been appointed co-chair of the Canadian chapter of the National Association of Subrogation Professionals (NASP). NASP is the world’s largest insurance subrogation association and leader in subrogation education.
April 12, 2011 - Canadian Lawyer Magazine lists McCague Borlack LLP as a Top 5 Insurance Defence Boutique in their article A cut above, pt. II. The article continues on to say: McCague Borlack, established in 1994, has built its reputation through top-notch representation of insurance companies when the stakes are at their highest. For example, it obtained a dismissal of a multibillion-dollar class action claim on behalf of Zurich Insurance Co. Ltd. at the Ontario Court of Appeal in 2005’s David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co. The 55-lawyer firm also represents prominent insurance companies like Lombard Canada Ltd. and ACE Canada. “I hire McCague Borlack on my most difficult of cases,” said one in-house counsel. “McCague is efficient, cost-effective, and results-driven.” See other Top 5 Firms.
March 29, 2011 - McCague Borlack LLP was listed for the first time in the area of Dispute Resolution by Global Chambers, the legal directory that ranks the World’s Leading Lawyers. Listed as Key Individuals were Howard Borlack, Lisa La Horey and Doug McInnis. In responding to this honour founding partner Paul McCague stated “Although we do not seek publicity for our firm, it is gratifying to know that our excellent legal service to our clients is being recognized in the global business community.”
March 26, 2011 - Lorne Honickman, Rory Barnable appeared in the Supreme Court of Canada to present oral argument in Les editions Ecosociete v Banro. This case deals with the issue of jurisdiction except in the case of libel law. This follows their successful appearance in the Ontario Court of Appeal where they argued one of the first cases dealing with the new test in Van Breda in the context of a libel claim. Following argument the Supreme Court of Canada reserved its decision.
March 21, 2011 - Howard Borlack, Lisa La Horey presented oral argument in the Van Breda and Charron cases dealing with jurisdiction in the area of tort and contract. This follows their successful appearance before a five judge panel of the Ontario Court of Appeal where the Court dramatically changed the law of jurisdiction in Ontario when it modifed the Muscatt test. Following argument the Supreme Court of Canada reserved it’s decision.
NEW CANADIAN LEGISLATION ALERT - Canada Consumer Product Safety Act - December 14, 2010, the Parliament of Canada passed the Canada Consumer Product Safety Act (CCPSA). Royal Assent, the last step required in the creation of new law, was granted on December 15, 2010. It is anticipated that an accelerated implementation plan will be developed by the Federal Government in order to facilitate the CCPSA coming into force in the next few months. Full Alert
Lorne Honickman is quoted in an article It's just waffle in The Toronto Sun on December 5, 2010. A 31-year-old Oakville cook, cooked up a bright idea to show his displeasure at another rough hockey season Monday by deciding to (allegedly) fling some Eggo waffles out on the Air Canada Centre ice. “I can’t remember another case like this,” joked Lorne Honickman. “How the police determined there were reasonable grounds to lay a criminal charge, is very puzzling.” Full Article
Lorne Honickman is quoted in an article Mayor of Aurora sues bloggers for defamation in The National Post on November 15, 2010. “The wild west, that’s what it’s like out there,” said Lorne Honickman, an expert in defamation law and a member of Toronto mayor-elect Rob Ford’s legal team. “The Internet is the world now. And courts haven’t even caught up with the ramifications, from a damage point of view, of what that means.” Full Article
McCague Borlack has a video studio on the premises to record and view witness' evidence in preparation for examinations and trials.
Grant Gold is quoted in an article Tweet Truce - New divorce rules censor the tell-all on social media in The National Post on September 18. “The ease with which the message can be delivered, and the number of people it reaches, is what makes this an issue,” said Grant. “If we start to see more of this happening, then we might get lawyers talking about non-disclosure agreements more often than not.” Full article
Lorne Honickman is quoted in an article Sex, lies and videotape shape debate on online defamation law in The Globe and Mail on September 17. “As soon as you start writing comments and opinions, you are like any other publisher,” Lorne said, “and you could end up being responsible for every word that you’ve said.” Full Article
Congratulations to Lorne Honickman and Adam Dunlop who were successful in obtaining a $500,000 judgment for our plaintiff clients in a tough defamation case. For details on the case see the article Court vindicates former prison managers in The Toronto Star on September 12. Full Article
Grant Gold, the CBA's family law section chair, is quoted in an article CBA opposes equal parenting-time bill (C-422) in The Lawyers Weekly on August 20. Grant said "When you hear it on its face it sounds like 'Oh who wouldn't agree?' But the more you get into it, equal parenting means, at least to those groups, 50-50 time with each parent, and it really changes the focus from the best interests of the children, we think, to the best interests of the parent. And we are just concerned that the public get that message." Full article (NOTE: you need subscription to TLW)
Congratulations to Jennifer Oliver, a member of McCague Borlack LLP, who placed second in an international short story writing contest! The contestants had to submit a new short story every couple of weeks for months and were judged on each story. There were writers from England and the US competing as well as from Canada and other countries. The collection of stories from the contest will be published in the upcoming months.
Gosia Bawolska, of the Marine Law group, has written the article The Impact of the new Pleasure Craft Operating Card. It is a brief history lesson comparing drivers’ licenses and the PCO Card, as well as some thoughts on the future.