- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Strategic Lawsuits Against Public Participation - A "Win" for Freedom of Expression Featured Case Study: Lascaris v B'nai Brith, 2018 ONSC 3068 , July 12, 2018
- Waive Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers - Garett Harper and James Tomlinson, April 12, 2018
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
GENERAL CASUALTY & SPECIAL RISKS
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
The firm’s largest and most active practice group is an experienced team of professionals who provide a full range of litigation and advisory services in all lines of general casualty and special risks. We regularly act for primary insurers, excess and umbrella insurers, insurance pools, liability programs, and for insurers, with substantial self-insured retentions and deductibles.
We have extensive experience in appearing at all levels of courts in these matters, and with the large number of lawyers involved in the group, there is always a lawyer available with the right experience to efficiently and effectively handle any form of general liability or special risk matter. In addition, our 24/7 emergency call centre is available in the event of a catastrophic loss or for general legal advice at all times.
We provide:
1. Coverage
Complete coverage advice is provided on a broad range of liability policy wordings and endorsements, including comprehensive general liability policy wordings and special policy wordings intended to provide coverage for all forms of general casualty and special risk lines of business.
2. Liability Defence
Practice group members have extensive experience in a broad range of general casualty and special risk claims, including the following:
- Abuse liability
- agricultural liability
- amusement park liability
- ecclesiastical exposures
- elevator liability
- equine/equestrian liability
- exporters/importers liability
- fitness club liability
- food and beverage liability
- garage liability
- government liability
- heavy equipment and machinery liability
- home inspector liability
- life sciences liability
- liquor liability (commercial host/social host/tavern)
- logging and lumberjack liability
- maintenance contractor liability
- malicious prosecution
- media liability
- occupier’s liability
- park liability
- patient care liability
- police services liability
- recreation facility/campground liability
- retail sales (retailer) liability
- school board liability
- security guard liability
- ski hill and resort liability
- sports liability
- trailer park liability
3. Risk Management
The most efficient method of limiting liability is through effective risk management techniques and strategies. Our group of highly trained lawyers provide a complete range of risk management advice on methods of limiting liability exposure including:
- establishment of appropriate protocols and procedures
- drafting and interpreting bills of lading, lease agreements and other contractually related documentation
- development of manuals and handbooks
- training of employees
- utilization of incident reports and special contractual provisions designed to restrict liability exposure
- development of privacy legislation procedures and protocols
- co-ordinating claims between insurer and insureds where there is a significant deductible or self-insured retention
- advising on claims that are in excess of policy limits
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto by Howard Borlack and Adam Ostermeier, January 18, 2021
- Summary of changes to Reg. 194 under the Courts of Justice Act: Rules of Civil Procedure by Eric W.D. Boate, December 16, 2020
- Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan by Michael Kennedy, December 16, 2020
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser by Eric W.D. Boate, November 06, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 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 and Paul A. Jacoby, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- It's 2020: Bringing the Courts in Line with the Times During COVID-19 - Case Study: Arconti v. Smith by Van Krkachovski, May 21, 2020
- A Duty of Good Faith is Foundational: Case Study: Demetriou v. AIG Insurance Company of Canada (2019 ONCA 855) by Theresa Hartley and Van Krkachovski, January 13, 2020
- Procedural Differences Between Civil Actions in British Columbia and Ontario by Adam Grant, First presented at a Client Seminar., August 15, 2019
- What To Consider When Choosing An Expert: Maxrelco Inc. V. Lumipro Inc. by Alex Robineau and Martin Smith, First presented at a Client Seminar., August 15, 2019
- The New (and Improved?) Rule 76 Simplified Procedure by Michael Kennedy, First presented at a Client Seminar., August 15, 2019
- Just When You Thought It Could Not Get Any Harder: Changes Could Be Coming to Proceedings Against the Crown by Theresa Hartley, May 01, 2019
- The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. by Jessica Grant, October 28, 2018
- The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, and Locker Room Soap Operas , October 28, 2018
- You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial by Alan S. Drimer, Presented at a Client Seminar on Surveillance, October 27, 2018
- Watching the Watchers: Judicial Limitations on the use of surveillance evidence , Presented at a Client Seminar on Surveillance, October 27, 2018
- Recent Decisions regarding the Admissibility of Surveillance in Accident Benefits and Tort Claims by Catherine A. Korte, Presented at a Client Seminar on Surveillance, October 27, 2018
- Accuracy of Surveillance ReportsAccuracy of Surveillance Reports , Presented at a Client Seminar on Surveillance, October 27, 2018
- Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial by Michael Kennedy, Presented at a Client Seminar on Surveillance, October 27, 2018
- Surveillance: Activities and Problems , Presented at a Client Seminar on Surveillance, October 27, 2018
- Lets talk about Sexts: Is my teenager in possession of child pornography? , This article was reprinted by The Lawyer's Daily on Nov 2018 , September 14, 2018
- No Playing Around: An UPDATE on Tort Liability and School Yard Injuries , September 11, 2018
- World Cup of Violence: Are Soccer Clubs and Leagues Liable for "On Field" Fisticuffs? , July 11, 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
- Risk Management and Cannabis in Ontario What is going to be legalized and when? , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Eyes Wide Shut: The Best Defence is a Good Offence Cyber Liability by Catherine A. Korte, First Presented at an ORIMS Professional Development Day, May 24, 2018
- Couple Caught in Bidding War Frenzy Reneges on Purchase of Dream Home, Liable for Damages , April 18, 2018
- Improper Policy Cancellation Leads to "Risky Business"- Case Comment: Minister of Finance v AXA Insurance by Howard Borlack, March 26, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
- Collaborative Care and Vicarious Liability , February 16, 2018
- Latency of Claims for Allied Healthcare Providers , February 16, 2018
- Emerging Trends in Personal Injury Damage Awards by Van Krkachovski, February 13, 2018
- Malpractice & Health Litigation Basics in Canada: A Statistical Primer for Practitioners, Professionals, Hospitals, and Insurers , First presented at a client seminar., February 12, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Teenagers will be Teenagers: Did a Mother Give (Implied) Consent for Her Son to Possess and Operate Her Car? , First published in MB Client News Alert, December 20, 2017
- Show Me the Money? Only If You Can Show Me the Hazard! , First Published to MB's Client List, December 18, 2017
- The Court of Appeal's Take on Deductible & Prejudgment Interest in MVA Claims , First presented at an MB Client Seminar, October 30, 2017
- Marijuana Legalization: Ontario Weighs InĀ , September 18, 2017
- No Playing Around: Tort Liability and School Yard Injuries , September 18, 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
- Court of Appeal Declines Remedies against Person Harassing Mayor, Township , August 01, 2017
- Legalizing Marijuana: Potential Impact on Social Hosts , First published in Canadian Underwriter, June 2017 Edition, August 01, 2017
- Insurers Beware: Recent Developments in the Duty to Defend and Indemnify by Alan S. Drimer, First presented at an MB Client Seminar, July 10, 2017
- Everything You Need to Know About Trial Insurance: Security Against Bad Outcomes at Trial For Sale! , First presented at an MB Client Seminar, July 10, 2017
- The Effect of "After The Event" Insurance on the Litigation Process by Howard Borlack, July 05, 2017
- Defamation in the Internet Age: The Law and Social Media , First presented at an ORIMS seminar., June 13, 2017
- Recovery for Mental Injuries: Dispensing with the Requirement of Expert Evidence , First published in MB Client Newsletter, June 07, 2017
- Retroactivity, Retrospectivity & Immediate Applicability , May 16, 2017
- A crack in the armour? Waivers and the use of the Consumer Protection Act by Garett Harper and James Tomlinson, First published in MB Sports & Rec Client Newsletter, May 10, 2017
- Legalizing Marijuana: And The Litigation Begins... , March 08, 2017
- Legalizing Marijuana: Drug Recognition Experts and Drug-Impaired Driving - Additional Considerations for Insurers following Supreme Court decision , First sent by MB Client Newsletter, February 23, 2017
- Medical Marijuana: Considerations for Employers by Sophia Souffront, First sent by MB Client Newsletter, February 08, 2017
- Legalizing Marijuana: Drugged driving and how insurers can manage risk , First sent by MB Client Newsletter, January 13, 2017
- Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
- Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
- First Party Claims: Affidavit of Documents (and Conclusion) - Part 7 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 28, 2016
- First Party Claims: Pleadings - Part 6 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 27, 2016
- First Party Claims: Special Considerations - Part 5 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 26, 2016
- First Party Claims: Is Bad Faith Pleaded? - Part 4 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 25, 2016
- First Party Claims: Responsibilities of the Insurer and Insured - Part 3 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 24, 2016
- First Party Claims: The Insurance Policy - Part 2 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 23, 2016
- First Party Claims: Defining First Party Claims - Part 1 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 22, 2016
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127