- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
SPORTS, RECREATION & RESORT LIABILITY
- 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
Liability claims in this class of business bring significantly elevated risks. Sporting and recreational accidents cause serious injuries with tragic consequences for the victims and their families. The recent escalation in damage awards and the complexity of the legal issues significantly increases the risk to all involved in the activity or sport, whether recreational, amateur, professional or commercial.
Many of the lawyers at McCague Borlack LLP are avid sports enthusiasts and engage in a variety of recreational pursuits. As an adjunct to these personal passions, they have a special interest in the legal issues associated with sports-related exposures.
Our team of highly trained litigators offers clients a comprehensive
knowledge of the laws governing the industry, personal familiarity
with the leading experts, and first-hand practical experience in
addressing the wide range of issues that arise in such claims.
Their insights give them a significant edge when handling all types of recreational or sports-related matters. They have particular expertise within the following practice sub-groups:
- Ski Hill and Resort Liability
As the popularity of skiing and snowboarding increase, so too does the risk of accidents with serious injuries. Our firm has considerable knowledge of the rules, regulations, and laws which govern claims arising from downhill ski and snowboarding accidents and claims against the resort operator, such as chairlift liability, contractual liability, and commercial club premises and member owned facility liability. In addition, we are experienced in drafting and analyzing waiver provisions. McCague Borlack is a member of the National Ski Areas Association, which is the association for ski area owners and operators throughout North America.
- Equestrian and Trail Riding Liability
Lawyers in this group have defended horse riding stables for many years. Equestrian centres are brought into litigation when incidents take place involving horse riding lessons, trail rides, or competitive horse shows. Our practice group members have extensive experience defending these establishments in negligence and Occupiers Liability Act claims.
- Sport Participant, Organization, and Spectator Liability
Our firm has a wealth of experience in bodily injury and property damage claims involving sports organizations and providers, competitors, coaches, spectators, volunteers, officers, directors, teams, and leagues involving a wide range of sports and activities including hockey, golf, baseball, volleyball, hiking, skateboarding, and swimming.
- Resort, Facility, Special Event, and Hospitality Liability
This sub-group focuses on litigation involving individuals, teams, resorts, organizations, companies, and charities which operate facilities, resorts, and/or events. As a leading provider of litigation services to national, regional, and local amateur and professional sports associations, our firm has extensive experience in handling special events from large international meets to community-based events. We also possess experience in defending commercial club premises and member owned facilities, as well as claims from users of municipal, school, and other publicly owned premises, including recreation facilities.
Our firm can provide the following services for our clients:
Complete insurance 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 sports, recreation, and/or resort liability lines of business.
2. Liability Defence
Our firm possesses extensive experience in defending all types of personal injury or property damage claims arising while playing, watching, or organizing a sporting or recreational activity or event.
The most efficient method of limiting liability is through effective risk management techniques and strategies. Our group of highly trained lawyers provides a complete range of risk management advice on methods of limiting liability exposure including:
- establishment of appropriate protocols and procedures
- development of manuals and handbooks
- training of employees
- drafting of waivers and exclusion clauses
- utilization of incident reports and special contractual provisions designed to restrict liability exposuredevelopment of manuals and handbooks
- coordinating claims between the insurer and insureds where there is a significant deductible or self-insured retention
- advising on claims that are in excess of policy limits
- Unparalleled Production and Lessons for U.S. Litigants Seeking to Compel Discovery of Third-Parties in Ontario - Case Study: Activa TV Inc. v Matvil Corp by Howard Borlack, April 01, 2022
- Striking a Jury Notice – Not so fast! by Eric W.D. Boate, February 11, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Enforceability of Waivers: An Update - Case Study: Arksey v. Sky Zone by Alan S. Drimer, July 08, 2021
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- 2 Insurance Policies, 1 Insured: Who Defends the Action, Who Pays the Costs of the Defence, and Who Controls the Defence? Case Study: Markham (City) v. AIG by Van Krkachovski, December 03, 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
- 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
- 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, August 10, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- Getting "Ahead" of the Changes Rowan's Law and the Potential Impact on Insureds – Further Updates by James Tomlinson, February 28, 2019
- Taking A Dip Into Public Pool Liability: Municipal and Resort Related Liability by James Tomlinson, First presented at a client seminar., February 28, 2019
- The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. by Jessica Grant, October 28, 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
- Location Matters: Superior Court Rescinds a $95,000 Contract for Toronto Maple Leafs' Season Tickets , April 15, 2018
- Waive Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers , April 12, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- Legislature Passes Concussion Safety Legislation with Bill 193: Rowan's Law (Concussion Safety), 2018 by James Tomlinson, March 07, 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
- Legalizing Marijuana: Potential Impact on Social Hosts , First published in Canadian Underwriter, June 2017 Edition, August 01, 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
- Do Parents Know Best? An Update on the Enforceability of Waivers Executed on Behalf of Infants , First published with Canadian Underwriters Magazine , February 10, 2017
- Combatting Exposure: Utiization of Waivers by Ski Hill and Resort Operators - A Defence Perspective by James Tomlinson, First presented at the Sport Seminar, February 02, 2017
- Fans Beware: The Risks of Watching Your Favourite Athletes by James Tomlinson and Garett Harper, First presented at the Sport Seminar, February 02, 2017
- Inherent Risks in Hockey: Recent Developments in the Law by James Tomlinson, First presented at the Sport Seminar, February 02, 2017
- Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
- The “Lullaby Standard of Care” for Tavern Owners Case Study: Linton v. Tholos Restaurant , September 28, 2016
- How to "knock out" claims to Tavern Owners sued for injuries sustained in bar fights , August 31, 2016
- Severe Head Injury Claims by James Tomlinson, June 01, 2016
- Waivers Gain Additional "Armor" in the Defence of Personal Injury Litigation by Garett Harper, April 25, 2016
- Fans: Enter at Your Own Risk by James Tomlinson and Garett Harper, First presented at a Sports Liability Seminar, November 25, 2015
- Passing the Buck: Risks Willingly Assumed and Liability Apportionment at Resorts by Marla Kuperhause, First presented at a Sports Liability Seminar, November 25, 2015
- Real and Substantial Connections and Beyond: Responding to Foreign Lawsuits and Challenging Jurisdiction by James Tomlinson, First presented at a Sports Liability Seminar, November 25, 2015
- Case Commentary: Trimmeliti v. Blue Mountain Resorts Ltd. by Garett Harper, MB Sports, Resorts & Recreational Liability Newsletter, October 27, 2015
- The Best Defence is Sometimes Not the Best Offence: the Value of a Well-Drafted Waiver , MB Sports, Resorts & Recreational Liability Newsletter, October 27, 2015
- Happy Trails: Strategies for reducing a recreational trail occupier's exposure to liability , First presented at MB's Sports Law Seminar, May 14, 2015
- Know your limits! Contributory Negligence in a sport and recreation context by James Tomlinson and Garett Harper, First presented at MB's Sports Law Seminar, May 14, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- The Legal Implications of Concussions in North American Contact Sports by James Tomlinson, First presented at MB's Sports Liability Seminar, May 30, 2014
- Sports Recreation & Sports Liability: Litigating Cases Involving Injuries to Minors by James Tomlinson, MB Sports and Recreation Seminar, September 11, 2013
- The Unpredictability of Children and Sporting Goods: Product Liability and the Child Plaintiff , MB Sports and Recreation Seminar, September 11, 2013
- Kids May Be Kids, but Adults Oversee: The Liability of Adult Supervisors for Child Injuries by James Tomlinson, MB Sports and Recreation Seminar, September 11, 2013
- Mother May I? The Effectiveness of Waivers and Permission Forms in Cases of Injured Minor Plaintiffs by James Tomlinson, MB Sports and Recreation Seminar, September 11, 2013
- Expecting the Unexpected: Occupiers’ Liability and Minor Plaintiffs by James Tomlinson, MB Sports and Recreation Seminar, September 11, 2013
- Product Liability Claims against Ski Hill Operators: Defective Equipment or Participant Error? , Presented at MB's Ski Hill Liability Seminar, March 20, 2013
- Caution! This pool is unsupervised! Resort liability of unsupervised facilities by James Tomlinson, First presented at MB's Ski Hill Liability Seminar, March 20, 2013
- Risky Business: Managing the potential liability of high risk sports facilities: Waivers & Vicarious Liability by James Tomlinson, First presented at MB's Ski Hill Liability Seminar, March 20, 2013
- Occupiers' Liability and Sports Fans: Legal Implications and Risk Management Strategies for Sports and Entertainment Facility Operators by James Tomlinson, First presented at MB's Sports Law Seminar , September 26, 2012
- UPDATE: Liability Waivers by James Tomlinson, MB's Sports & Entertainment Newsletter, August 27, 2012
- Concussions and Injuries in Canadian and American Contact Sports: A Legal Perspective by James Tomlinson, First presented at a Sports Law Seminar, March 28, 2012
- Product Liability Claims in Sports: The Decision in More v. Bauer Nike Hockey Inc. , First presented at a Sports Liability Seminar, March 28, 2012
- Identifying and Addressing the Limitations of Waivers and Permission Forms in a School Setting , Risk Management in Education Vol 10 No. 2, April 14, 2011
- The Modified Duty of Care for Ski Resorts and Recreational Landowners: A Case Note on Schneider v. St. Clair , April 04, 2011
- Ski Resort Liability by James Tomlinson, Presented a Sports Liability Seminar, March 02, 2011
- Spectator Liability in Canada: An Overview by Alan S. Drimer, First presented at a Sports Liability Seminar, March 02, 2011
- Sports Camp/Clinic Liability by Martin Smith, First presented at a Sports Liability Seminar, March 02, 2011
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