Howard Borlack
Partner (he/him)
Howard Borlack
Partner (he/him)
-
Toronto
- hbborlack@mccagueborlack.com
- 416.860.0054
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416.860.0003
-
Bar Admission:
1982
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.
Howard is recognized as a LEXPERT Canadian Leading lawyer in the area of Infrastructure & Construction Law. As well, Insurance Business Canada surveyed insurance companies to find out which lawyers and law firms are setting the standard in the Canadian market. Our firm and Howard Borlack individually made the 5-Star list! Howard has also been selected by his peers for inclusion in The Best Lawyers International® 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.
EXPERTISE
EDUCATION
- Bachelor of Science, University of Toronto
- Bachelor of Law, University of Toronto
AFFILIATIONS
- Ontario Bar – 1982
- Canadian College of Constructions Lawyers
- CBAO Construction Law – Past Chair
- College of Construction Lawyers - Original Member
FIRM CASES
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Priority dispute determined by financial dependency
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 Test for Misfeasance of Public Office: Case Comment: Capital Solar Power v OPA
In Capital Solar Power Corporation v The Ontario Power Authority, Howard Borlack of McCague Borlack LLP represented the Ontario Power Authority before Justice Toscano Reccamo of the Ontario Superior Court of Justice for a claim alleging the tort of misfeasance of public office.
My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan
Acting for the Applicants, Howard Borlack, Partner at McCague Borlack LLP had a favourable decision from the Ontario Divisional Court when they recently quashed an award by an Umpire arising from an appraisal pursuant to a homeowners policy and the Insurance Act. The insured's house sustained a fire and was beyond repair. The insured and insurer could not agree on the Actual Cash Value which the insured was entitled to under its Policy. The appraisals on behalf of both the insured and the insurer were approximately the same based to a great extent on comparable houses in the area.
PUBLICATIONS & SPEECHES
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Workplace Harassment: The Employer’s Responsibility in the Modern World
In April 2021, five Metrolinx employees were terminated for sexual harassment after the company became aware of screenshots from the employees’ private WhatsApp group chat.
Howard Borlack was selected for Lexpert 's Special Edition: Infrastructure 2025
Howard brings a focused, goal-oriented approach to the most difficult infrastructure problems to find creative solutions. Because of his ongoing endeavours, Howard has been selected as a listee for the Lexpert Special Edition: Infrastructure 2025.
A gift that doesn’t stand the test of time
The Ontario Court of Appeal addressed issues concerning rights of survivorship and tenants in common in the recent decision Jackson v. Rosenberg, 2024 ONCA 875.