- The Divisional Court rules that all employment insurance benefits are deductible under the SABS - James M. Brown, September 21, 2022
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- An Updated Case Comment: Jung v Cloverdale Mall Inc., et al - 2015 ONSC 2386 , July 24, 2015
- Case Summary: Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., 2015 ONSC 2427 - Van Krkachovski, May 19, 2015
- Case Study: Rideau Acres Ltd. v. Lombard Canada Ltd. - Van Krkachovski, April 29, 2012
- McCague Borlack on winning side of two cases released by the Supreme Court of Canada this week - Howard Borlack, April 19, 2012
PERSONAL INJURY
Personal injuries arising out of slips and falls, motor vehicle accidents, and other casualty events, are the most frequently litigated civil matters before our courts. Our law firm's Personal Injury Group is well positioned to maximize results for our clients, while minimizing time and expense.
Our Personal Injury Group has extensive experience with all manner of claims, including fatalities and such catastrophic injuries as quadriplegia and paralysis.
While we appear regularly before all levels of courts, on motions, trials, applications, and appeals, we frequently make use of mediation and alternative dispute resolution (ADR) techniques to minimize costs. We also collaborate with an extensive team of support experts to assist us in preparing and assessing our clients' cases, including:
- private investigators;
- medical, vocational, and rehabilitative experts;
- forensic accountants and actuaries; and
- accident reconstructionists.
We regularly represent clients in all manner of personal injury claims, including those arising from:
- motor vehicle accident;
- slip and fall;
- assault;
- sports accident;
- municipal liability;
- occupiers' liability; and
- general casualty.
Our Personal Injury Group is an experienced team of Toronto trial lawyers that can analyze the issues and develop a creative strategy to manage and resolve personal injury claims quickly and efficiently for our clients.
- Now or Never - Limitations on Late Expert Reports by Martin Smith, August 16, 2023
- Which doctor's opinion counts on threshold issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance by Howard Borlack, December 13, 2022
- The Divisional Court rules that all employment insurance benefits are deductible under the SABS by Petra Sbeiti, September 21, 2022
- Passing the Buck: Payment of Productions in Personal Injury Litigation Case Comment: Endale v. Parker by Garett Harper, April 25, 2022
- The Current State of the Law on Adverse Costs Insurance by Van Krkachovski, This was first presented at CDL's 2021 Insurance Coverage Symposium, May 07, 2021
- Litigation Loans and Adverse Cost Insurance - An Update - The Doctrines of Champerty and Maintenance by Van Krkachovski, April 06, 2021
- Litigation Loans and Adverse Cost Insurance by Van Krkachovski, Catherine A. Korte and Michael Kennedy, March 26, 2021
- Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto by Howard Borlack, January 18, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 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
- You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial by Alan S. Drimer, Presented at a Client Seminar on Surveillance, October 27, 2018
- Watching the Watchers: Judicial Limitations on the use of surveillance evidence , Presented at a Client Seminar on Surveillance, October 27, 2018
- Recent Decisions regarding the Admissibility of Surveillance in Accident Benefits and Tort Claims by Catherine A. Korte, Presented at a Client Seminar on Surveillance, October 27, 2018
- Accuracy of Surveillance ReportsAccuracy of Surveillance Reports , Presented at a Client Seminar on Surveillance, October 27, 2018
- Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial by Michael Kennedy, Presented at a Client Seminar on Surveillance, October 27, 2018
- Surveillance: Activities and Problems , Presented at a Client Seminar on Surveillance, October 27, 2018
- No Playing Around: An UPDATE on Tort Liability and School Yard Injuries , September 11, 2018
- 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, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- Emerging Trends in Personal Injury Damage Awards by Van Krkachovski, February 13, 2018
- When is income 'earned' and therefore deductible? Case Study: A.S. and Economical , First published in MB Client News Alert, January 29, 2018
- What will cause an automobile tort claim to flop? Case Comment: Nadarajah v. Aviva Canada , January 19, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Court Orders Up to $600,000 Advance Payment in Advance of Personal Injury Med-Mal Trial , December 21, 2017
- The Personal Injury Bar's Worst Fear: Not Enough Evidence to Put Question to a Jury , First published in MB Client News Alert, December 20, 2017
- Show Me the Money? Only If You Can Show Me the Hazard! , First Published to MB's Client List, December 18, 2017
- No Playing Around: Tort Liability and School Yard Injuries , September 18, 2017
- Tug-of-War Gone Wrong: Who is Liable when Participant's Arm is Amputated - Case Study: Bonello v. Gores Landing Marina , August 10, 2017
- The United Airlines debacle in the context of Canadian tort law , May 15, 2017
- Do Parents Know Best? An Update on the Enforceability of Waivers Executed on Behalf of Infants , First published with Canadian Underwriters Magazine , February 10, 2017
- Legalizing Marijuana: Drugged driving and how insurers can manage risk , First sent by MB Client Newsletter, January 13, 2017
- Mould Growth Personal Injury Claims Spreading by Matthew Dugas, First published in the Client Newsletter., December 13, 2016
- Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
- Strategies for Managing Claims related to Subjective Illnesses or Injuries in a Mediation by Van Krkachovski, September 23, 2016
- Court of Appeal Decision on Dependency in a Priority Dispute Dealing with New Relationships , August 05, 2016
- Pokémon Go: Augmented Reality is the New Reality for Liability Insurers , MB Transportation Newsletter, July 15, 2016
- Update on Issues relating to Autonomous Vehicles: Recent Fatality & the Anticipated Challenges arising from the Accident , July 08, 2016
- Mandatory Training for Commercial Truckers a Welcome Change , MB Transportation Newsletter, June 29, 2016
- When to say Enough? Marfo v. Ahmed: A restatement of the law regarding defence medical examinations , MB Transportation Newsletter, June 15, 2016
- Is there a 10 day time period on EUOs? Case Comment: Choeun ats Allstate , First published to a client transporation law news alert, April 07, 2016
- Update from the Trenches: The Court of Appeal Denies the Availability of the Doctrine of Laches in Loss Transfer Disputes , First presented at MB's Transportation Law Seminar, April 07, 2016
- An Update on Uber and Autonomous Vehicles , First presented at MB's Transportation Law Seminar, April 07, 2016
- Changes to the Accident Benefits Regime by Catherine A. Korte, First presented at MB's Transportation Law Seminar, April 07, 2016
- Utilizing New Medical Technology in Today's Litigation by James Tomlinson and Garett Harper, First presented at MB's Transportation Law Seminar, April 07, 2016
- Insurers Seeking Recovery of Overpayment? Beware of Notice Requirements Case Comment: Intact Insurance v. Marianayagam 2016 , MB Client Newsletter, March 18, 2016
- Goodbye FSCO, Hello LAT! by Michael Kennedy, MB Transportation Newsletter, February 22, 2016
- The requirement to provide "medical reasons" when denying treatment plans: a ticking time bomb? , MB Transportation Newsletter, February 22, 2016
- Superior Court Re-Affirms that Bus Drivers are Held to a Higher Standard of Care , February 18, 2016
- For Want of Jurisdiction , Previously published by Canadian Underwriter.ca, January 05, 2016
- Discovering Potential Third Parties in Motor Vehicle Accident Claims: Who Should We Consider? by James Tomlinson and Garett Harper, First presented at MB's Transportation Law Seminar, April 15, 2015
- Case Comment: Iannarella v Corbett , April 01, 2015
- Altering the Litigation Landscape: Mary Carter Agreements and Stamatopoulos et al v. Harris et al, 2014 ONSC 6313 by Van Krkachovski, MB Firm Newsletter, March 02, 2015
- Case Study on Electronic Custodial Care: Shawnoo v. Certas Direct Insurance Co , News Alert from MB to AB Clients, February 13, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Ever Escalating Claims - Updated: The Evolving Auto Insurance Product Stresses on the System by Catherine A. Korte, First presented at an MB Client Seminar, October 31, 2014
- Too big for its britches? Fitting Chronic Pain into the Minor Injury Guideline of Ontario's Accident Benefits Scheme , First presented at an MB Client Seminar, October 31, 2014
- Seeing is Believing , First presented at an MB Client Seminar, October 31, 2014
- Establishing Causation in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Chronic Pain and Suffering: Non-Pecuniary General Damages Awards in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Future Care Costs: Preparation and Mitigation by Van Krkachovski, First presented at an MB Client Seminar, October 31, 2014
- Paying For The Future: An Analysis Of Large Awards For Future Care Costs by Catherine A. Korte, First presented at an MB Client Seminar, June 10, 2014
- The Dubious Status of Henson Trusts by Martin Smith, First presented at an MB Client Seminar, June 09, 2014
- Bill 171: The Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 by Catherine A. Korte, First presented at MB's Transportation Law Seminar, May 06, 2014
- Ever Escalating Claims: The Evolving Auto Insurance Product Stresses on the System by Catherine A. Korte, First presented at MB's Transportation Law Seminar, May 06, 2014
- Identifying Insurance Fraud in Tort Claims by James Tomlinson, First presented at MB's Transportation Law Seminar, May 06, 2014
- Insurance Coverage for Injuries Caused by At-Fault Uninsured, Inadequately Insured and Unidentified Motorists , First presented at MB's Transportation Law Seminar, May 06, 2014
- Paying for the Future: An Analysis of Large Awards for Future Care Costs by James Tomlinson, First presented at MB's Transportation Law Seminar, May 06, 2014
- Ontario Automobile Insurance Dispute Resolution System Review - Final Report , Justice Cunningham, February 20, 2014
- Recent FSCO Appeal Decision: Belair Insurance Company Inc. and Lenworth Scarlett by Matthew Dugas, MB News Alert, December 11, 2013
- A Defence Lawyer's Guide to Investigating Modern Insurance Fraud by Van Krkachovski, Presented at the Medical Legal Society of Toronto , November 06, 2013
- The Top 5 Tort Cases of the Preceding Year and Ever Increasing Damage Awards and the Future Care Case Law by Martin Smith, September 13, 2013
- When Does 'Complete' mean 'Less than Everything'? , May 10, 2013
- UPDATE: Liability Waivers by James Tomlinson, MB's Sports & Entertainment Newsletter, August 27, 2012
- Demers v. Monty, 2012 ONCA 384 , Published in MB's AB Newsletter, July 03, 2012
- Apportioning Liability in Single-Vehicle Accidents: The Clash between Contributory Negligence, the Driver’s Liability, and a Municipality’s Duty of Care , Ontario Bar Association - Insurance Law Section, March 01, 2012
- Case Study - Kusnierz v. Economical - Decision from the Court of Appeal , Transportation Newsletter, January 06, 2012
- Videotaping Defence Medical Examinations: An Overview of the Case Law by Alan S. Drimer, MB Transporation Practice Group Seminar, November 09, 2011
- Change in circumstances permits multiple applications for determination of catastrophic impairment , September 26, 2011
- Legal determination that an at-fault motorist is underinsured is required before a plaintiff's OPCF 44R coverage is triggered , September 26, 2011
- Spectator Liability in Canada: An Overview by Alan S. Drimer, First presented at a Sports Liability Seminar, March 02, 2011
- Sports Camp/Clinic Liability by Martin Smith, First presented at a Sports Liability Seminar, March 02, 2011
- Plaintiffs Cannot Bargain Away Their Insurer's Rights and Still Hope to Recover from their Insurer , OBA Insurance Law Newsletter Volume 21 No. 1, November 30, 2010
- Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee by Michael Kennedy, MB Transportation Newsletter, February 28, 2010
- A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal , MB Transportation Newsletter, January 31, 2010
- Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved , MB Transportation Newsletter, January 31, 2010
- Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva , MB Transporation Newsletter, December 31, 2009
- Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman , MB Transportation Newsletter, December 31, 2009
- General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski , MB Transportation Newsletter, December 31, 2009
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage Newsletter, December 31, 2009
- The Notional Equivalent of Being Struck by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- Mustapha Revisited: Is the job only half-done? by Hillel David, December 31, 2009
- On Your Bike by Van Krkachovski, Ogra's Milestones, November 30, 2008
- Lights and Siren by Van Krkachovski, Ogra's Milestones, August 31, 2008
- Cracks in the Defence, Sidewalk Maintenance and Municipal Liability by Van Krkachovski, Ogra's Milestones, May 31, 2008
- Treading on Thin Ice, Keeping Sidewalks Safe by Van Krkachovski, Ogra's Milestones, January 31, 2008
- Proving Causation Where the But for Test is Unworkable by Hillel David, Paul McCague and Peter F. Yaniszewski, Advocates Quarterly volume 35, July 31, 2005
- Social Host Liability - A Fresh Approach by Hillel David, Advocates Quarterly volume 30, July 31, 2005
- Thin-Skull Claims: Recovery for Accident Neurosis by Hillel David, The Advocates Society Journal, November 30, 1988