- Implied Conditions in Rental Agreements: Szilvasy and Collett claims against Reliance Home Comfort - Hillel David, C55215, November 30, 2012
- Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort - Hillel David, ONSC 6928, December 07, 2011
- Zurich Ins. / Chartis Ins. and Ison T.H. Auto Sales Inc. - Hillel David, C53568, October 18, 2011
SUBROGATION
Members of our Subrogation Group combine an in-depth knowledge of insurance with broad and varied advocacy experience that places us at the forefront of Toronto law firms. We litigate claims in contract, tort, and equity, and provide clients with professional and aggressive representation focused on timely and cost-effective subrogated recovery.
Working closely with insureds and professionals in the adjusting, engineering, construction, banking, environmental, technology, accounting, and management communities, we are able to formulate innovative strategies that utilize the skills and expertise required to achieve consistent success.
1. All-Lines Recovery Capability
The Subrogation Group has the experience, capability, and tenacity to pursue subrogated recovery arising out of a wide array of insurance coverages, including:
- First Party Property
- Casualty
- Crime and Fidelity
- Marine
- Guarantee and Surety
- Specialty Lines
The Subrogation Group also pursues rights of equitable subrogation against other insurers in the context of concurrent and overlapping coverage, as well as primary and excess relationships.
2. Comprehensive Service
We understand the value of time and money, and the importance of expeditious resolution. This requires early identification and analysis of potential subrogation targets, the effective collection of evidence, and the implementation and pursuit of appropriate recovery strategies. Our Subrogation Group provides the following services to ensure these goals are achieved:
- on-site and at-the-scene attendance, where appropriate, to preserve evidence and control investigation
- retention of and close collaboration with experts
- effective liaison with extra-provincial and international lawyers, and legal and regulatory authorities
- implementation and utilization of state-of-the-art technology
- cost-effective utilization of legal resources
- adoption of appropriate alternative dispute resolution options
3. Flexible Funding Arrangements
The Subrogation Group works together with our clients to develop and implement funding arrangements appropriate to the size and complexity of the case and the needs of the client. As well, members of our law firm’s Subrogation Group are skilled in the negotiation and drafting of joint-loss pursuit and pro rata recovery agreements.
- Strategies for Proactively Advancing a Subrogated Claim by Adam Grant, First presented at a client seminar, August 31, 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
- Can a condominium corporation seek recovery of subrogated interests from a unit owner? by Martin Smith and Marla Kuperhause, June 09, 2020
- Subrogating Claims in the Construction Context: They Do Exist by Jessica Grant, September 08, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Cloudy with a Chance of Money: Overcoming Obstacles in Subrogated Claims , March 21, 2018
- Duty to Mitigate by Eric W.D. Boate, March 21, 2018
- Immunities and Exploits: Considerations for Subrogation as against Municipal or Regional Governments by Adam Grant, March 21, 2018
- Subrogation: Recommendations for Early Investigation by Adam Grant, First presented at an MB Client Seminar, July 10, 2017
- Making Use of Unusual Torts in Subrogation by Adam Grant, First presented at an MB Client Seminar, July 10, 2017
- The timing of mandatory mediations in Toronto has changed , First published in MB Client Newsletter, May 23, 2017
- Subrogation and Assessment of Claims by Adam Grant, First presented at a Client Subrogation Seminar., October 07, 2016
- Spoliation 101 , First presented at a Client Subrogation Seminar., October 05, 2016
- Mitigation: Loss Control & Failure to Prevent , First presented at a Client Subrogation Seminar., October 03, 2016
- Condominium Corporation Issues: The President's View by Peter F. Yaniszewski, First presented at a Client Seminar, December 16, 2015
- Spreading Fires: Issues that Arise When Fires Originate at a Neighbour's House , First presented at a Client Seminar, December 16, 2015
- When all is said and done: Final Releases by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Liability Limits in Subrogation by Adam Grant, First presented at MB's Transportation Seminar, December 11, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Carriage and Control of the Action and Independent Settlement of the Subrogated Claim by Hillel David, Reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited., July 29, 2014
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- The Effect of a Settlement on a Subrogated Action , March 04, 2014
- Cost Effective Resolution of Low Value Claims , February 06, 2014
- Recent Court Decisions: Kruger Products Limited v. First Choice Logistics Inc. et al. , McCague Borlack Subrogation News Alert, November 27, 2013
- Appropriate Limitation Periods Clarified for All-Risk Business Insurance Policy , August 02, 2013
- Hot Pursuit by Hillel David, First published with Canadian Underwriter, January 31, 2013
- Carriage and Control of Litigation in Subrogated Actions , Presented at the Canadian Bar Association's annual conference in Vancouver BC , August 14, 2012
- Effective Claims Management: The Client – Lawyer Partnership in Subrogation , Effective Claims Management Seminar, November 04, 2011
- Effective Claims Management: The role of the crisis communication strategy , MB Seminar - Effective Claims Management, November 04, 2011
- Case Study: Zurich Insurance Company Ltd. v Ison T.H. Auto Sales Inc , MB Subrogation Newsletter, October 27, 2011
- Recent Court Decisions, Mohamed v. Banville , MB White Paper, December 30, 2009
- Driving or operating an automobile without a valid driver's licence is not, in itself, sufficient to ground a subrogated claim , McCague Borlack LLP Subrogation Newsletter, December 31, 2008
- Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts , McCague Borlack LLP's Subrogation Newsletter, December 31, 2008