Marine Law
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OVERVIEW
As a leading litigation firm with a significant focus on the insurance sector, McCague Borlack LLP understands the historical and current significance of risk management and insurance in marine law.
Our law firm's Marine Law Group is comprised of individuals with extensive experience in a range of areas relevant to the maritime sector and as it relates to the transportation and insurance industries generally. Members of our group have experience in matters involving casualties, collisions, cargo claims, bills of lading, insurance disputes, insurance coverage issues, subrogation, and environmental pollution. We have experience appearing before all levels of courts in Ontario in the Federal Court and the Supreme Court of Canada. Our clients include major Canadian and international insurers, reinsurers, underwriters, insurance brokers and agents.
Our marine lawyers are members of leading industry associations and maintain close connections with our Transportation, Environmental and Subrogation Practice Groups in order to provide clients with a comprehensive resource for all issues relating to cargo and shipping.
McCague Borlack LLP also offers its clientele coast-to-coast legal coverage directly and through established relationships with experienced affiliated Canadian and international firms.
SERVICES
Our lawyers provide a range of services on a time-sensitive basis, including:
- 24 hour emergency call centre available in the event of a catastrophic loss or for general legal advice at all times
- Attending, when and where required, on any loss to assist in the investigation and preservation of critical evidence;
- Ascertaining the required expertise and marshalling the appropriate resources to determine the origin and cause of the loss;
- Representing clients before all levels of court, at tribunals, at arbitration or at mediation;
- Acting for clients on quasi-criminal prosecutions;
- Representing clients in coverage disputes and providing opinions on policy coverage; and
- Aggressively pursuing subrogated recovery in a timely and cost-effective manner.
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Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05
In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...
All-Inclusive and Without Costs Rule 49 Offers
In 1985, Rule 49 of the Rules of Civil Procedure was introduced to encourage parties to make and accept reasonable offers to settle. This has had the effect of discouraging parties from delaying the judicial process and increasing costs unnecessarily. Rule 49 has had a considerable effect on litigants by virtue of the risk of a large costs award following trial.
To trigger the cost consequences under Rule 49, an offer must meet strict requirements: