In Matlock v. Ottawa-Carleton Standard Condominium Corporation, McCague Borlack LLP's Martin Smith, on behalf of the Defendants, successfully opposed the Plaintiff's motion to amend his Statement of Claim to enhance his claim against the individual board member Defendants and add an additional board member as a party. In response, the Defendants also advanced a crossclaim striking the claims against the board member Defendants in their entirety.

In Mendes v Blaisdale Montessori School, the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa office, successfully brought a summary judgment motion against the plaintiff, dismissing the claim in its entirety. The case was further dismissed on appeal.

This case concerns a four-year-old preschooler that was expelled from Blaisdale Montessori School for repeated misbehaviour. The mother of the child sued the school for breach of contract and breach of fiduciary duty.

In this case, the plaintiff sued the defendants for a slip and fall that purportedly occurred on a walkway owned by Minto on November 22, 2010. The plaintiff, Ms. Gustanar, alleged that when she left her apartment, she slipped on the ice and/or snow that accumulated on the parking lot. She claimed significant injuries as a result.

Prior to the slip and fall, Minto and Franick entered into a two-year snow removal contract, where Franick was required to provide snow removal services at the Minto owned property known as Elm Ridge Gardens. The contract included a defence and indemnity clause which provided that Franick “shall indemnify and save harmless Minto” all acts or omissions by the contractor.

Accordingly, Martin brought a motion on behalf of Minto to enforce the above-noted clause in order to require Franick to provide a full defence and indemnification to Minto.

The court found that the plaintiff was wrongfully dismissed from her employment because a provision contained in her employment agreement...

OVERVIEW: This action concerned a snowmobile accident that took place in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries. The defendant did not serve any responding expert opinion reports. The matter was set down for trial twice, in 2019 and in September 2023.

In February 2023, the defendant requested the plaintiff's consent to extend the deadline for delivery of a defence medical examination...

There has been a shift in attitudes towards juries in medical malpractice cases over time. In 1998, the America Medical Association, a professional association and lobbying group for physicians and medical students, explained their position as follows...