Barrie
705.481.2062
Bar Admission:
2013
Eric practices in the area of civil litigation with a focus on insurance defence, and primarily handles personal injury and motor vehicle claims. With extensive litigation experience and having handled motor vehicle claims from both the tort and accident benefit perspectives, Eric can quickly and succinctly summarize a client’s liability and damage exposure with ease.
Eric’s practice also includes a wide variety of tort matters, including defending clients in trip and falls, tavern liability, product liability, and assault cases before both the Superior Court of Justice and the Ontario Court of Appeal. Eric also handles subrogation matters, including fires, floods, theft, negligent construction, product and equipment defects cases, wherein he has recovered thousands of dollars for his clients.
When away from the office, Eric enjoys travelling, having backpacked through Europe, the Middle East, and Asia. Closer to home, he enjoys mountain biking, rock climbing, scuba diving, and playing hockey.
In McConnell v. Fraser, McCague Borlack LLP successfully opposed the Plaintiff's motion to amend his Statement of Claim to add a new cause of action outside the limitation period.
The issues before the Ontario Superior Court of Justice were as follows...
In TD Insurance and Intact Insurance, McCague Borlack LLP successfully argued that Intact Insurance, not TD insurance, had priority to pay statutory accident benefits to a claimant for personal injuries sustained in an October 30, 2017, motor vehicle accident.
The question before Arbitrator Bialkowski was whom a 17-year-old claimant was principally financially dependent on – the claimant's father (Intact) or the claimant's stepmother (TD). To complicate matters, the claimant was a passenger in the vehicle owned by her stepmother and had recently moved from her biological mother's home to reside with her father and stepmother at the time of the accident.
The recent Court of Appeal decision in Kolapully v. Myles is significant for two key reasons. First, it addresses the admissibility of Single Photon Emission Computed Tomography ("SPECT") scan evidence...
On January 1, 2023, the statutory deductibles and corresponding monetary thresholds in motor vehicle accident claims increased significantly by 6.9% due to inflation.
There have been a number of motions to strike jury notices throughout the COVID-19 pandemic, many of which resulted in jury notices being struck.
However, in the recent decision in Corkett v. Ginn, 2021 ONSC 7434 (CanLII), the court dismissed a Plaintiff's motion to strike a jury notice in an action commenced in the Central East Region.