- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, and Locker Room Soap Operas , October 28, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Freedom of Expression in the 'Trump Era' Is a "Trump is right. F**k China. F**k Mexico" Sign Protected Speech? , March 27, 2018
- Defamation in the Internet Age: The Law and Social Media , First presented at an ORIMS seminar., June 13, 2017
- Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client , First presented in MB Client Newsletter, June 08, 2017
- Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers , MB Newsletter, May 02, 2016
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- There is no automatic duty of care between a diocese and students harmed by priests by Michael Kennedy, March 22, 2013
HUMAN RIGHTS, HARASSMENT & ABUSE
The Supreme Court of Canada has recently considered the liability of institutional care facilities, school boards, and community service organizations for sexual abuse committed by their employees. The resulting decisions have broadened the circumstances under which organizations will be held liable for abuse. They have also affirmed the victim's right to recover from persons other than the actual wrongdoer.
Similarly, claims against landowners and property management companies for assaults occurring on their premises are becoming increasingly common. As a result, any organization that provides services to the public, or is accessible by the public, needs to carefully evaluate its operations and likely exposure to claims based upon abuse or assault.