- HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. , First published in MB Professional Liability News Alert, December 20, 2017
- A Chiropractic Malpractice Case - Martin Smith, November 20, 2017
PROFESSIONAL LIABILITY
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Professionals today face tremendous pressure from demanding clients. The news media frequently carry stories about large errors and omissions (E&O) claims brought against professionals who were "only trying to do their jobs".
At McCague Borlack LLP, we respect the hard work of our professional clients, and strive to protect their reputations while minimizing their financial exposure.
Our Toronto law firm’s Professional Liability Group has experience in all aspects and phases of professional liability issues, ranging from risk management through to dispute resolution. We have represented professionals in numerous fields, including:
- Accountants and Auditors
- Adjusters
- Architects
- Chiropractors
- Directors and Officers
- Engineers
- Financial Planners/Advisors
- Health Care Practitioners
- Home Inspectors
- Insurance Agents and Brokers
- Interior Design Professionals
- Lawyers
- Mortgage Brokers
- Nurses
- Private Investigators
- Real Estate Agents and Brokers
- Receivers and Trustees
- Veterinarians
1. Litigation
We act on a full range of matters that involve professional liability exposures, including those involving design, manufacturing, construction, inspection, and maintenance errors, pollution exposures, intellectual property, disciplinary procedures, quasi-criminal allegations, inquests, employment practices, and libel and slander. Some of our files involve class actions that are extremely complex, with highly technical issues, voluminous documentary productions, and extensive damage claims.
We have given numerous “smell-the-coffee" seminars to our clients and professional organizations. We proactively assist in reviewing and drafting contract wordings and exculpatory clauses, and thereafter negotiate the wordings of contracts with the involved parties on given projects. We represent professionals in investigations and disciplinary hearings. Throughout, our skilled negotiators explore and utilize alternative dispute resolution (ADR) processes to minimize the financial, reputational, and time impact of these processes on our clients. Finally, we also assist insurers in drafting policy wordings, special endorsements, and exclusions for their various program coverages.
Our Professional Liability Practice Group includes our Intellectual Property Team.
Led by founding partner and senior trial counsel, Howard Borlack, our Intellectual Property Team has successfully handled many forms of IP matters for a wide range of clientele. For example, our risk management services include advising on licensing, cross-border issues and communications strategies, drafting employment contracts, restrictive work product agreements, confidentiality agreements, and restrictive covenants against disclosure and competition. Our team also drafts IP Insurance policy wordings, exclusions and special endorsements, advises on coverage, and provides complete coverage dispute services.
With respect to IP litigation and alternative dispute services, our IP Team has handled everything from simple contractual disputes to very complicated litigated matters. These types of matters include acting in a variety of industrial design, trade secrets, patents, trademark and copyright infringement cases, misappropriation of software actions and defamation through electronic media disputes.
In summary, the broad range of IP services provided by our IP Team enables our clients to protect their rights thereby increasing the value of their businesses. And, our affiliation with Canadian Litigation Counsel, and our special relationship with The Harmonie Group gives us access to over 100 law firms consisting of over 5000 lawyers worldwide, thereby enabling our Team to coordinate our IP services globally.
- Nuances Between Judge-Alone and Jury Trials by Van Krkachovski, First presented at a client seminar, August 31, 2022
- Financial Planner and Advisor Titles: A New Framework is Announced by Howard Borlack, April 01, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital by Jessica Grant, November 24, 2020
- 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
- COVID-19: Taking stock of urgent motions by Ashley Faust, April 15, 2020
- 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
- The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
- Malpractice & Health Litigation Basics in Canada: A Statistical Primer for Practitioners, Professionals, Hospitals, and Insurers , First presented at a client seminar., February 12, 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
- HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. by Howard Borlack, First published in MB Professional Liability News Alert, December 19, 2017
- A Chiropractic Malpractice Case , November 20, 2017
- The Supreme Court of Canada keeps the onus on banks over innocent drawers for fraudulent bills of exchange , November 02, 2017
- Auditor Held Liable in Negligence for Non-Clients' Losses - Case Comment: Lavender v. Miller Bernstein by Howard Borlack, August 10, 2017
- The Oppression Remedy: Greater Risk of Personal Liability for Directors and Officers , July 26, 2017
- The Corporate Veil won't cover Personal Misrepresentations , January 20, 2017
- Lights, camera, financial transaction: Auditor liability after the Livent decision , MB Client Newsletter, June 10, 2016
- When all is said and done: Final Releases by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Executive Officers are Employees: The "Gap" Between Workers' Compensation and General Liability Policies , September 12, 2013
- Journalist-Confidential Source Privilege May Exist In Canada , Toronto Law Journal, May 31, 2010
- Professional Liability and the Financial Advisor by Howard Borlack, Ontario Bar Association, February 16, 2010
- A Canadian Perspective: Recent Developments and Emerging Issues Concerning the Design Professional by Howard Borlack, Published in International Association of Defence Counsel, Professional Liability Committee Newsletter, November 30, 2009
TORONTO - 416.860.0001 OTTAWA - 613.569.2855 KITCHENER - 519.340.0500 BARRIE - 705.481.0240 LONDON - 226.781.2127