- Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc by Howard Borlack, January 18, 2021
- Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto by Howard Borlack, January 18, 2021
- Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. by Howard Borlack, January 18, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack, January 08, 2021
- Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court by Howard Borlack, January 05, 2021
- A Million Dollar Bonus after Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd by Howard Borlack, January 05, 2021
- Protecting Contractors is Paramount - Case Study: Urbancorp Cumberland 2 GP Inc. by Howard Borlack, November 06, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance by Howard Borlack, September 01, 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
- Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks) by Howard Borlack, May 23, 2020
- Analyzing Use or Operation of a Vehicle - Case Comment: Hunt v Peel Mutual Insurance by Howard Borlack and Brittany Rizzo, February 14, 2020
- Beware of Presumption of Management or Control of a Director - Case Comment: Alizadeh v Ontario by Howard Borlack, January 30, 2020
- Egg on your face - you may have a claim: Case Comment: Gilbrairth v. Intact Insurance by Howard Borlack and Theomarcus Giannou, April 08, 2019
- Approximately 2.5 Million Dollars Gone in Approximately 2.5 Seconds: An Insurance Coverage Nightmare by Howard Borlack, January 28, 2019
- Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations by Howard Borlack, September 19, 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
- Here, There and Everywhere, Chasing Fraudsters - An Indictment in a New York Slip and Fall Scheme raises concerns about Insurance Fraud by Howard Borlack, May 23, 2018
- Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment Case Comment: McDonald v McDonald by Howard Borlack, Picked up in Lexis Nexis - Canadian Family Law Matters, April 27, 2018
- Improper Policy Cancellation Leads to "Risky Business"- Case Comment: Minister of Finance v AXA Insurance by Howard Borlack, March 26, 2018
- 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
- Auditor Held Liable in Negligence for Non-Clients' Losses - Case Comment: Lavender v. Miller Bernstein by Howard Borlack, August 10, 2017
- One small step for summary judgements, one giant leap for efficiency by Howard Borlack, August 04, 2017
- Medical Records: Personal Privacy in Conflict with the Rule of Law by Howard Borlack, August 02, 2017
- The Effect of "After The Event" Insurance on the Litigation Process by Howard Borlack, July 05, 2017
- Third-Party Litigation Funding in Canada by Howard Borlack, First published in Corporate Disputes April-June Edition 2015, February 02, 2016
- Cyber and Privacy Risks: Class Action Exposures by Howard Borlack, First presented at an MB Client Seminar, September 24, 2014
- Perspectives on Privacy by Howard Borlack, First published in the Canadian Insurance Top Broker Magazine Feb 2014, February 27, 2014
- 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
- E-Discovery: Overview and Latest Developments in Ontario and Canada by Howard Borlack, Harmonie & CLC Seminar, August 31, 2007
Howard Borlack
Partner

A Founding Partner of the Firm
Profile:
A founding partner of McCague Borlack LLP, Howard has been lead counsel on many of its most significant cases. Howard is best known for his ability to handle all types of complex civil litigation where he will find a creative solution to resolve the case or, if necessary, he will take the matter to trial. He has appeared before all levels of courts including the Supreme Court of Canada and has also represented our clients before many tribunals.
Many significant cases Howard handled include major restructurings in Canada, as well as, cases involving the successful recovery of millions of dollars for insurers in subrogation claims, including shareholder fraud, environmental contamination or, construction defects.
Howard has acted on behalf of most major Canadian insurers and reinsurers and has represented and been a special advisor to a number of Boards of Directors and Directors in their personal capacity.
In 2014, Howard was listed as a LEXPERT Canadian Leading lawyer in the area of Construction Law, and for the sixth year Howard was selected by his peers for inclusion in The Best Lawyers International® 2012 in the field(s) of Construction Law and, Corporate and Commercial Litigation. Howard has received numerous other awards and honours from professional organizations and much recognition from outside organizations and publications. He is most proud of his award from the CBAO for his service to the profession and the Arbor Award from the University of Toronto for outstanding volunteer services. Howard has also been recognized by Lexpert for the skills he provides to our clients.
Howard is a driving force for the firm’s growth and culture taking pride in the careers of the lawyers he has worked with at the firm.
- The Test for Misfeasance of Public Office: Case Comment: Capital Solar Power v OPA - Howard Borlack, November 12, 2019
- My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan - Howard Borlack, June 05, 2019
- McCague Borlack on winning side of two cases released by the Supreme Court of Canada this week - Howard Borlack, April 19, 2012
- Bachelor of Science, University of Toronto
- Bachelor of Law, University of Toronto
Howard has spoken and published extensively regarding debtor and creditor issues, insolvency, construction law, business law, and insurance matters, and he is the former editor of Uberrima Fides, an insurance law journal.
- Ontario Bar – 1982
- Canadian College of Constructions Lawyers
- CBAO Construction Law – Past Chair
- College of Construction Lawyers - Original Member
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127