- Misfeasance Claims against Crown Prosecutors - Case Study: Ontario (Attorney General) v. Clark, 2021 SCC 18 by Howard Borlack, May 18, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- 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
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
POLICE SERVICES
The Police Services Group is a novel legal practice, which historically has not been treated as a specialty area of law. McCague Borlack LLP has developed the Police Services Group as a result of recognizing that police officers who are subjected to civil actions have special concerns not experienced in other professions. McCague Borlack LLP also provides to our clients investigative services unique to the litigation industry.
Areas we cover:
1. Defence
McCague Borlack LLP recognizes that within policing there exists a special culture not common to other professions, and our team includes lawyers who have police experience themselves.
The invaluable behind-the-scenes experience that our Police Services Group lawyers possess gives them not only contacts, acquaintances, and relationships with countless other police officers in the area, but also an understanding of the day-to-day problems and issues facing the police and the types of liabilities and exposures that are inherent in providing the service. This relationship creates a special bond that enables our Police Services Group lawyers to assist the policing community in defending itself from civil liability claims, as well as in criminal, quasi-criminal, and regulatory matters.
Our Police Service Group lawyers are experienced in defending the following matters:
- malicious prosecution claims;
- false arrest, false imprisonment, and excessive use of force claims;
- negligent investigation claims;
- defamation claims;
- invasion of privacy claims;
- claims brought under the Canadian Charter of Rights and Freedoms; and
- criminal and regulatory complaints made against police.
2. Special Investigations
By virtue of their policing experience, our Police Services Group has special relationships with other ex-police officers who now work in private investigations, the Insurance Bureau of Canada’s Investigate Services Division, insurance company special investigation units, and other forms of undercover services provided to the industry and the public.
Our lawyers are currently counsel to various investigative organizations, including the Canadian Independent Adjusters Association, the Canadian Association of Special Investigative Units, and the Council of Private Investigators. Most recently, we were successful in assisting insurance adjusters, independent adjusters, and private investigators obtain the “investigative body” status under the new federal privacy legislation, PIPEDA.
Our Police Services Group works closely with our Fraud Law Group and Investigation and Privacy Law Group, and our lawyers are members of our “24/7” Emergency Response Team that will attend whenever and wherever our clients seek on-scene assistance in the investigation or defence of any charge that may arise from any type of incident.