- Dispensing with dispensaries: Pot shops on every corner by Eric Turkienicz, Published with The Lawyer's Daily, March 30, 2022
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Cheech and Chong Get into a Car Accident Case Commentary: F. F. and Aviva Insurance Canada , September 03, 2019
- Rebutting the Breathalyzer Presumptions Moving Beyond the Theoretical, Towards Concrete Evidence , January 03, 2019
- The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. by Jessica Grant, October 28, 2018
- Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations by Howard Borlack, September 19, 2018
- Risk Management and Cannabis in Ontario What is going to be legalized and when? , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Marijuana Legalization: Ontario Weighs In , September 18, 2017
- Legalizing Marijuana: Potential Impact on Social Hosts , First published in Canadian Underwriter, June 2017 Edition, August 01, 2017
- Legalizing Marijuana: And The Litigation Begins... , March 08, 2017
- Legalizing Marijuana: Drug Recognition Experts and Drug-Impaired Driving - Additional Considerations for Insurers following Supreme Court decision , First sent by MB Client Newsletter, February 23, 2017
- Medical Marijuana: Considerations for Employers by Sophia Souffront, First sent by MB Client Newsletter, February 08, 2017
- Legalizing Marijuana: Drugged driving and how insurers can manage risk , First sent by MB Client Newsletter, January 13, 2017
- Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
- Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
- What Landlords need to know about PIPEDA , First presented at a Landlords Association of Durham Meeting, March 12, 2015
- FSCO orders insurer to fund medicinal marijuana purchase by Michael Kennedy, Published in McCague Borlack's Accident Benefits Newsletter , October 01, 2012
CANNABIS LAW
Since well before October 17, 2018, when cannabis became legal across Canada, McCague Borlack LLP has been educating their lawyers and clients through articles and seminars on the impact of cannabis legislation on insurance claims and all other areas of potential liability, along with issues of risk management to prevent the emergence of claims altogether.
Our expertise and services and how they relate to Cannabis Law include:
- Risk Management - identification and assessment of risk, formulate strategy, create a go-forward plan, implement a plan including training, post-evaluation.
- Product Liability - advising on product liability issues for producers, distributors, and dispensers related to all cannabis products, drafting and analyzing warranty provisions.
- Commercial & Business Litigation – advising all business parties in disputes over cannabis-related issues, and providing guidance and a thorough understanding of cannabis laws and regulations relevant to your business whether it is related to starting, purchasing or investing in a cannabis business in Canada and how that relates to international laws.
- Insurance Coverage - coverage analysis of cannabis-related issues as applied to particular claims, drafting and review of contracts and insurance policy wordings.
- Sports Recreation & Resort Liability – related to liability claims further to cannabis products, risk management for social hosts, resort and team owners, and coaches, drafting and analyzing waiver provisions.
- Employment Law – advising on the rights and responsibilities of employers and employees over drug testing, and cannabis-related issues, including if it is for medical use.
- Transportation Law - Many of our files involve catastrophic personal injury claims, fatalities, and significant property damage claims, as well some cases deal in fraudulent claims. The Transportation Law Group understands the importance of quick action in a catastrophic loss especially if a DUI is involved. To this end, we advise how insurers can manage risk, and we maintain a 24-hour emergency response team to attend at the scene of any catastrophic loss to secure witness statements and photographs, marshal the evidence, and arrange for immediate accident reconstruction by one of our experts.
- Human Rights Law – Balancing the rights of those who use marijuana to treat a disability or on other protected grounds with the impact that use may have in other areas of life is a challenge for both applicants and respondents in human rights litigation. Our office is well-equipped and experienced in addressing these sensitive issues both inside and outside of the courts and tribunals.
- Landlord and Tenant Law – The use of now legalized cannabis products in the comfort of your own home or common area can often affect the reasonable enjoyment of other tenants and neighbours, or even cause damage to the property itself. Our lawyers are informed and up to date on what is and isn’t permitted and what recourse is available to both landlords and tenants who believe they are being treated unfairly by the other side.