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 JULY 15, 2017

July

July 15 - Your Reservation has changed... Airbnb Regulation in Toronto and Insurance Coverage Issues by Matt Dugas

July 10 - Everything You Need to Know About Trial Insurance: Security Against Bad Outcomes at Trial For Sale! by Irina Sfranciog and Karolina R. Iron

July 10 - A Lawyer's Guide to Discoveries and Timing of IMEs By Annette Uetrecht-Bain and Priya Chopra

July 10 - Insurers Beware: Recent Developments in the Duty to Defend and Indemnify by Alan Drimer and Priya Chopra

July 10 - Making Use of Unusual Torts in Subrogation by Adam Grant and Lee Chitty

July 10 - Subrogation: Recommendations for Early Investigation by Adam Grant and Miranda Serravalle

July 10 - A summary of threshold decisions from 2016 and 2017: Which got through and which got bounced by Michael Kennedy and Lee Chitty

July 10 - Automobile Insurance Fraud: Prevalence, Prevention, and Response by David Elmaleh and Karolina R. Iron

July 10 - A Divided Court on Deductible and Prejudgment Interest in Motor Vehicle Accident Claims By Daniel Côté-Finch and Lee Chitty

July 5 - Student Blog - Can You Keep a Secret? by Émilie-Anne Puckering

July 5 - The Effect of "After The Event" Insurance on the Litigation Process by Howard Borlack and Ben Carino

June

June 22 - Through the Looking Glass: The Reality of Working at a Litigation Law Firm by Jessica M.

June 22 - Take control of public space and liability may follow - Case Comment - MacKay v Starbucks' By Eric Turkienicz and Priya Chopra

June 22 - Proposed changes to Ontario's Construction Lien Act  by Eric Turkienicz

June 13 - Defamation in the Internet Age: The Law and Social Media by Sean Valentine

June 8 - What's in a Name? Upcoming Changes to the Definition of a Motor Vehicle: Road-Building Machines by David Olevson & Karolina R. Iron.

June 8 - Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client by David Elmaleh and Émilie-Anne Puckering

June 7 - First Summer Student 2017 blog - Team Player by Yousef E.

June 7 - Recovery for Mental Injuries: Dispensing with the Requirement of Expert Evidence By Michael Blinick and Andrew  Valela

May

May 24 - The timing of mandatory mediations in Toronto has changed by Miranda Serravalle

May 16 - Retroactivity, Retrospectivity & Immediate Applicability: Motor Vehicle Accident Claims Fund (MVACF) and Barnes by Bogdan Miscevic

May 15 - Parting thoughts and final farewells from Toronto Students! by Victoria M.

May 15 - The United Airlines debacle in the context of Canadian tort law - by Ben Carino

May 10 - New Sports, Recreation and Resort Liability Article: A crack in the armour? Waivers and the use of the Consumer Protection Act by James Tomlinson & Garett Harper.

May 9 - MB welcomes the following students for the summer of 2017: In Ottawa, Lee Chitty and Priya Chopra; and in Toronto, Jessica Murphy, Karolina Iron, Andrew Valela, Yousef Elsohemy and Émile-Anne Puckering.

April

April 28 - MB & CLC attend RIMS Conference in Philadelphia - enjoying a great night of camaraderie at Canada Night! See Pics

April 25 - New Student Blog - Ottawa Articling Students - Personalized :)

April 3 - New Mediation Article Mediating a Road Authority Claim on Behalf of a Municipality By Van Krkachovski 

April 1 - New Article Buyers and Agents Beware: BC Court Rules That Representative Is Responsible for Tax Owed by Buyer By Irina Sfranciog

March

March 31 - New Student Blog - My Experiences at Settlement Conferences by Shayan K.

March 31 - New Article The Municipal Act: Minimum Maintenance Standards Revisited by the Ontario Court of Appeal By James Tomlinson and Mahdi Hussein

March 30 - Our Barrie office lawyers, Alan Drimer and Eric Boate, participated in the Adjusters vs. Brokers hockey game on March 9 at the Barrie Molson Centre, put on by the OIAA Georgian Bay & Barrie-Simcoe Insurance Broker Association.  See pics in our photo album

March 8 - New Article Legalizing Marijuana: And The Litigation Begins... by Michael Blinick

March 6 - Assisting on a Jury Trial: A Quick Reference Guide - student blog by Mahdi H.

February

February 24 - Injunctions To Restrain Breach Of Contract - Stipulated Remedy Clauses – Old Habits Die Hard has been summarized into a two part article By Hillel David - download Part I and Part II

February 23 - New Article - Drug Recognition Experts and Drug-Impaired Driving - Additional Considerations for Insurers following Supreme Court decision By Michael Blinick and Aryeh Samuel

February 17 - New Article - Keeping the Mould Away: Application of Mould-Based Policy Exclusions By Matthew Dugas

February 11 - This month's student blog is a Half-time Status Check by Karen Bernofsky

February 10 - New Transportation Law Article - Autonomous vs Semi-Autonomous Vehicles: The Liability Distinction By Eric Boate and Cassandra Khatchikian

February 10 - New Tort Article - Do Parents Know Best? An Update on the Enforceability of Waivers Executed on Behalf of Infants By Peter Vlaar, David Olevson, and Sabrina Lucibello

February 8 - Legalizing Marijuana Article - Medical Marijuana: Considerations for Employers By Sophia Souffront and Michael Blinick

February 8 - Sports Seminar Whitepaper 1 - Inherent Risks in Hockey: Recent Developments in the Law By Jim Tomlinson and Mahdi Hussein

February 8 - Sports Seminar Whitepaper 2 - Fans Beware: The Risks of Watching Your Favourite Athletes  By Jim TomlinsonGarett Harper, and Victoria Mitrova

February 8 - Sports Seminar Whitepaper 3 - Combatting Exposure: Utilization of Waivers by Ski Hill and Resort Operators - A Defence Perspective By Jim TomlinsonDavid Olevson, Shayan Kamalie & Victoria Mitrova

February 8  - Privacy Law for AB Insurers By Catherine Korte, Anthony Gatensby and Bogdan Miscevic 

January

January 30 - New transportation law article Driving Outside of the Lines: Regulatory System v. Autonomous Vehicles By Peter Vlaar and Mahdi Hussein

January 20 - New corporate law article The Corporate Veil won't cover Personal Misrepresentations By Marie-Pier Couturier, and Irina Sfranciog, and Victoria Mitrova

January 20 - New officers and directors' liability article Deference to Reasonable Decision made by Condo Boards By Marie-Pier Couturier, and Irina Sfranciog, and Mahdi Hussein

January 19 - See Christmas in January pics - client event hosted by MB and CLC

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 

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 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 

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 Eric Turkienicz

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

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