- Lessees may recover under a lessor's insurance policy by Dina L. Maxwell, December 28, 2012
- An introduction to cargo theft by Stefanie Vescio, First presented at an MB Transportation Law seminar, December 03, 2012
- Two deductibles applied when there are two accidents by Ruby Tatla, MB's Transportation Newsletter, November 15, 2012
- Part II: Litigating Oil Leak Claims: Trucking and Marine Accidents: Oils Spills and Liability for Environmental Remediation by Van Krkachovski, Presented at an MB Environmental Law Seminar, October 03, 2012
- UPDATE: Downer v. Personal Insurance by Michael Kennedy, MB Transportation Newsletter, May 10, 2012
- FSCO Counsel Meeting Summary: How to address the mediation backlog , Part of MB Transportation Newsletter, April 09, 2012
- "Bad faith" is not a claim governed by the insurance contract by Michael Kennedy, MB Transportation Newsletter, March 25, 2012
- Accessibility for Ontarians with Disabilities Act: How to Comply with the Customer Services Standard by Lia Preyde, Harmonie Group, February 29, 2012
- Case Study - Kusnierz v. Economical - Decision from the Court of Appeal by Michael Blinick, Transportation Newsletter, January 06, 2012
- Insurance coverage for injuries caused by at-fault uninsured, inadequately insured and unidentified motorists by Jason Rabin, MB Transportation Law Seminar, November 09, 2011
- Recent commentaries on the deductibility of collateral benefits in income loss claims by Ashley Reid, MB Transportation Practice Group Seminar, November 09, 2011
- Videotaping Defence Medical Examinations: An Overview of the Case Law by Alan Drimer and Yu Mai, MB Transporation Practice Group Seminar, November 09, 2011
- A year, if a day: What insurers are talking about one year after the introduction of the "New Regs" by Tracy Brooks, MB Transportation Practice Group Seminar, November 09, 2011
- Should Psychological Injuries Be Combined With Physical Injuries To Determine Catastrophic Impairment? by Michael Blinick, MB Transportation Practice Group Seminar, November 09, 2011
- Liability of Vehicle Owners: The Ontario Superior Court of Justice's Decision in Case v. Coseco Insurance Co. by David Elmaleh, MB Transportation Practice Group Seminar, November 09, 2011
- The use of no-fault reports by a tort defendant: Beasley revisited, one year later by James Tomlinson, Adrian Nicolini and Samantha Share, MB Transportation Practice Group Seminar, November 09, 2011
- Recent Developments in Loss Transfer , MB Transportation Practice Group Seminar, November 09, 2011
- Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) by Michael Kennedy, McCague Borlack Transportation Newsletter, October 22, 2011
- Reckless driver solely at fault for single-vehicle accident despite poor road construction by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Repairing a vehicle is not an ordinary use to which vehicles are put by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Change in circumstances permits multiple applications for determination of catastrophic impairment by Lia Preyde, September 26, 2011
- Legal determination that an at-fault motorist is underinsured is required before a plaintiff's OPCF 44R coverage is triggered by Lia Preyde, September 26, 2011
- Court holds there is no duty to defend when policy limits are exhausted by Michael Kennedy, CLC Transportation Newsletter, February 28, 2011
- Court voids claims waiver on basis of power imbalance between adjuster and plaintiff by Michael Kennedy, Published first in CLC's Transportation Newsletter, February 28, 2011
- The Use of No-Fault Reports by a Tort Defendant by Adrian Nicolini and James Tomlinson, First presented at a Transportation Law Seminar, September 22, 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 by Ruby Tatla, MB Transportation Newsletter, January 31, 2010
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- The Notional Equivalent of Being “Struck†by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage 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
- 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 by Ruby Tatla, MB Transportation Newsletter, December 31, 2009
- Accident benefits priority dispute between driver's own insurer and company car's insurer by Ruby Tatla, MB Transportation Newsletter, December 31, 2009
- Escalating Damages in Canada by Van Krkachovski, Transportation Seminar, February 29, 2008
TRANSPORTATION LAW
- 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
Our law firm's Transportation Law Group has extensive experience with the broad range of legal issues that face the transportation sector in today's litigation-happy world. Our goal is to provide cost effective, results-oriented defence of motor vehicle tort claims and accident benefits disputes. We also provide complete coverage analysis and full service risk management advice.
As a leader in its field, our Transportation Law Group plays an important role in matters of significance to the insurance industry. Senior members have assisted the government to draft legislation regarding the "no fault" automobile insurance regime and the "threshold" requirement in motor vehicle claims. We have also acted for the insurance industry in a number of high-profile class actions, including the "salvage litigation" case and the "after-market parts" case.
Our services include:
1. Litigation
We regularly assist clients in the following transportation areas:
-
motor Vehicle
- long-haul trucking
- automobiles and recreational vehicles
- corporate/commercial/agricultural fleets
- rental and leasing companies
- dealerships and couriers
- personal lines
- Rail (Primary and Excess Insurance)
- Inland/Dry Marine
Our lawyers frequently act for municipalities in connection with their duty to maintain roads, and their use of vehicles and equipment such as graders, sanders, stone slingers, and snow ploughs. We also act for road repair professionals, including engineers and contractors retained by municipalities or the Province.
Many of our files involve catastrophic personal injury claims, fatalities, and significant property damage claims. The Transportation Law Group understands the importance of quick action in a catastrophic loss. To this end, 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.
We also assist our clients in the following matters that can arise in a transportation context:
- Environmental claims
- Warehouse claims
- Cargo claims
- Subrogation
- Coverage issues
- Excess, umbrella, and reinsurance disputes
- Breach of contract disputes
2. Risk Management
Our Transportation Law Group also provides risk management services to industry clients, including:
- drafting and interpreting insurance policies
- drafting and interpreting bills of lading, lease agreements, and other transportation contracts
- assisting and advising on claims that are in excess of insurance limits
- coordinating claims between insurer and insured where there is a significant deductible or self-insured retention
416.860.0001 | 130 King Street, West | Suite 2700, P.O. Box 136 | The Exchange Tower | Toronto, Ontario, M5X 1C7