- Implied Conditions in Rental Agreements: Szilvasy and Collett claims against Reliance Home Comfort - Hillel David and Mark Mason, C55215, November 30, 2012
- Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort - Hillel David and Mark Mason, ONSC 6928, December 07, 2011
- Zurich Ins. / Chartis Ins. and Ison T.H. Auto Sales Inc. - Hillel David and Mark Mason, C53568, October 18, 2011
SUBROGATION
- Accident Benefits
- Animal Law
- Appeals
- Bankruptcy and Insolvency Litigation
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction Law
- Criminal, Regulatory & Administrative Law
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Health Care Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Products Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Members of our Subrogation Group combine an in-depth knowledge of insurance with broad and varied advocacy experience that places us at the forefront of Toronto law firms. We litigate claims in contract, tort, and equity, and provide clients with professional and aggressive representation focused on timely and cost-effective subrogated recovery.
Working closely with insureds and professionals in the adjusting, engineering, construction, banking, environmental, technology, accounting, and management communities, we are able to formulate innovative strategies that utilize the skills and expertise required to achieve consistent success.
Our Services include:
1. All-Lines Recovery Capability
The Subrogation Group has the experience, capability, and tenacity to pursue subrogated recovery arising out of a wide array of insurance coverages, including:
- First Party Property
- Casualty
- Crime and Fidelity
- Marine
- Guarantee and Surety
- Specialty Lines
The Subrogation Group also pursues rights of equitable subrogation against other insurers in the context of concurrent and overlapping coverage, as well as primary and excess relationships.
2. Comprehensive Service
We understand the value of time and money, and the importance of expeditious resolution. This requires early identification and analysis of potential subrogation targets, the effective collection of evidence, and the implementation and pursuit of appropriate recovery strategies. Our Subrogation Group provides the following services to ensure these goals are achieved:
- on-site and at-the-scene attendance, where appropriate, to preserve evidence and control investigation
- retention of and close collaboration with experts
- effective liaison with extra-provincial and international lawyers, and legal and regulatory authorities
- implementation and utilization of state-of-the-art technology
- cost-effective utilization of legal resources
- adoption of appropriate alternative dispute resolution options
3. Flexible Funding Arrangements
The Subrogation Group works together with our clients to develop and implement funding arrangements appropriate to the size and complexity of the case and the needs of the client. As well, members of our law firm’s Subrogation Group are skilled in the negotiation and drafting of joint-loss pursuit and pro rata recovery agreements.
- Hot Pursuit by Hillel David and Mark Mason, First published with Canadian Underwriter, January 31, 2013
- Carriage and Control of Litigation in Subrogated Actions by Mark Mason, Presented at the Canadian Bar Association's annual conference in Vancouver BC , August 14, 2012
- Effective Claims Management: The role of the crisis communication strategy by Lorne Honickman, MB Seminar - Effective Claims Management, November 04, 2011
- Effective Claims Management: The Client – Lawyer Partnership in Subrogation by Sheldon Erentzen, Effective Claims Management Seminar, November 04, 2011
- Case Study: Zurich Insurance Company Ltd. v Ison T.H. Auto Sales Inc , MB Subrogation Newsletter, October 27, 2011
- Recent Court Decisions, Mohamed v. Banville by Mark Mason, MB White Paper, December 30, 2009
- Driving or operating an automobile without a valid driver's licence is not, in itself, sufficient to ground a subrogated claim by Mark Mason, McCague Borlack LLP Subrogation Newsletter, December 31, 2008
- Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts by Mark Mason, McCague Borlack LLP's Subrogation Newsletter, December 31, 2008
416.860.0001 | 130 King Street, West | Suite 2700, P.O. Box 136 | The Exchange Tower | Toronto, Ontario, M5X 1C7