- September 2023 When Is Travel Insurance "Excess" to Auto Insurance? ONSC Clarifies Applicability of s. 268(6) of the Insurance Act - Michael Kennedy, September 08, 2023
- The Divisional Court rules that all employment insurance benefits are deductible under the SABS - James M. Brown, September 21, 2022
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Can LAT Award Punitive Damages? Featured Case Study - Catherine A. Korte, October 19, 2020
- LAT Reconsideration Request Due to Error of Law , October 15, 2020
- Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance - Eric W.D. Boate, September 01, 2020
- LAT Reconsideration - Garett Harper, December 12, 2016
- Aranas v Kolodziej, 2016 ONSC 7104 - Michael Kennedy, Summary judgment motion involving a two vehicle collision at an intersection., November 25, 2016
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Case Summary: Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., 2015 ONSC 2427 - Van Krkachovski, May 19, 2015
TRANSPORTATION LAW
- 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
Our law firm's Transportation Law Group has extensive experience with the broad range of legal issues that face the transportation sector in today's litigation-happy world. Our goal is to provide cost effective, results-oriented defence of motor vehicle tort claims and accident benefits disputes. We also provide complete coverage analysis and full service risk management advice.
As a leader in its field, our Transportation Law Group plays an important role in matters of significance to the insurance industry. Senior members have assisted the government to draft legislation regarding the "no fault" automobile insurance regime and the "threshold" requirement in motor vehicle claims. We have also acted for the insurance industry in a number of high-profile class actions, including the "salvage litigation" case and the "after-market parts" case.
Our services include:
1. Litigation
We regularly assist clients in the following transportation areas:
- motor Vehicle
- long-haul trucking
- automobiles and recreational vehicles
- corporate/commercial/agricultural fleets
- rental and leasing companies
- dealerships and couriers
- personal lines
- Rail (Primary and Excess Insurance)
- Inland/Dry Marine
Our lawyers frequently act for municipalities in connection with their duty to maintain roads, and their use of vehicles and equipment such as graders, sanders, stone slingers, and snow ploughs. We also act for road repair professionals, including engineers and contractors retained by municipalities or the Province.
Many of our files involve catastrophic personal injury claims, fatalities, and significant property damage claims, as well some cases deal in fraudulent claims. The Transportation Law Group understands the importance of quick action in a catastrophic loss. To this end, we maintain a 24-hour emergency response team to attend at the scene of any catastrophic loss to secure witness statements and photographs, marshal the evidence, and arrange for immediate accident reconstruction by one of our experts.
We also assist our clients in the following matters that can arise in a transportation context:
- Environmental claims
- Warehouse claims
- Cargo claims
- Subrogation
- Coverage issues
- Excess, umbrella, and reinsurance disputes
- Breach of contract disputes
2. Risk Management
Our Transportation Law Group also provides risk management services to industry clients, including:
- drafting and interpreting insurance policies
- drafting and interpreting bills of lading, lease agreements, and other transportation contracts
- assisting and advising on claims that are in excess of insurance limits
- coordinating claims between insurer and insured where there is a significant deductible or self-insured retention
- September 2023 When Is Travel Insurance "Excess" to Auto Insurance? ONSC Clarifies Applicability of s. 268(6) of the Insurance Act , September 08, 2023
- Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act by Matthew Dugas and Sandra White, February 10, 2023
- Statutory Deductibles & Monetary Thresholds - Increased for MVA Claims by Eric W.D. Boate, January 04, 2023
- Which doctor's opinion counts on threshold issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance by Howard Borlack and Alexandria Bonney, December 13, 2022
- The Divisional Court rules that all employment insurance benefits are deductible under the SABS by Petra Sbeiti, September 21, 2022
- Striking a Jury Notice – Not so fast! by Eric W.D. Boate, February 11, 2022
- No Escape from a Policy Breach Even Years Later Case Study: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance by Jessica Grant, This article originally appeared on the OBA Insurance Law Section's articles page., February 07, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Brain Injuries - Admissibility of SPECT Scans as Evidence - Case Study: Meade v. Hussein, 2021 ONSC 7850 by Alan S. Drimer, December 07, 2021
- Amending to Add Family Law Act Claims: Not So Fast! Case Study: Malik v Nikbakht by Eric W.D. Boate, September 28, 2021
- 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
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- The Current State of the Law on Adverse Costs Insurance by Van Krkachovski, This was first presented at CDL's 2021 Insurance Coverage Symposium, May 07, 2021
- Litigation Loans and Adverse Cost Insurance - An Update - The Doctrines of Champerty and Maintenance by Van Krkachovski, April 06, 2021
- Litigation Loans and Adverse Cost Insurance by Van Krkachovski, Catherine A. Korte and Michael Kennedy, March 26, 2021
- Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto by Howard Borlack, January 18, 2021
- Statutory Thresholds and Deductibles in reference to Tort Damages in MVAs by Van Krkachovski, January 14, 2021
- Who Pays to Produce the Medical Records? Case Study: Trumble v Soomal by Eric W.D. Boate, January 13, 2021
- Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court by Howard Borlack, January 05, 2021
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser by Eric W.D. Boate, November 06, 2020
- Can LAT Award Punitive Damages? Featured Case Study by Catherine A. Korte, October 19, 2020
- Do Ontario Insurance Laws Have Extraterritorial Effect? Revisiting Unifund v ICBC in the 2020 case of Travellers v. CAA, 2020 ONCA 382 , October 19, 2020
- LAT Reconsideration Request Due to Error of Law by Catherine A. Korte, October 15, 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
- Striking jury notices during the COVID-19 Pandemic When is it more likely to happen? by Alan S. Drimer, September 15, 2020
- Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance by Howard Borlack, September 01, 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
- The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco by Jennifer E. Kelly, May 11, 2020
- COVID-19: Business interruption – Are you covered? by Peter F. Yaniszewski, April 14, 2020
- Analyzing Use or Operation of a Vehicle - Case Comment: Hunt v Peel Mutual Insurance by Howard Borlack, February 14, 2020
- Location of Loss Case Study: Benson v. Belair Insurance Company (2019 ONCA 840) by Theresa Hartley and Van Krkachovski, January 13, 2020
- Do priority provisions in s. 268 of the Ontario Insurance Act apply to an out-of-province insurer for an accident that took place in Ontario? Case Study: Coseco v. Liberty, 2019 ONSC 4918 by Van Krkachovski, October 01, 2019
- If you take the wheel, you take control: Case Study: McKay v. Park, 2019 ONCA 659 by Van Krkachovski, September 30, 2019
- Who is an insured person? Case Study: Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656 by Van Krkachovski, September 27, 2019
- Cheech and Chong Get into a Car Accident Case Commentary: F. F. and Aviva Insurance Canada , September 03, 2019
- The Minor Injury Guideline by Eric W.D. Boate, July 16, 2019
- Limitations Law in Accident Benefits Cases by Michael Kennedy, July 16, 2019
- Application For Accident Benefits Primer (OCF-1) Primer by Catherine A. Korte, July 16, 2019
- Loss Transfer - When Accident Benefits May Be Transferred to Another Insurer by Matthew Dugas, July 16, 2019
- Egg on your face - you may have a claim: Case Comment: Gilbrairth v. Intact Insurance by Howard Borlack, April 08, 2019
- Unpacking the Crate: A Carrier's Tools for Collecting Unpaid Freight Charges by Ben Tustain, February 15, 2019
- Summary Judgment Motions in MVA Cases: A Viable Option for Defendants , January 17, 2019
- Uber Class Action Gets Green Light, Proceeds to Certification , January 04, 2019
- Rebutting the Breathalyzer Presumptions Moving Beyond the Theoretical, Towards Concrete Evidence , January 03, 2019
- It's Not Complicated (Anymore): Court of Appeal Explains the Relationship between SABS and Tort Damage Awards , December 13, 2018
- You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial by Alan S. Drimer, Presented at a Client Seminar on Surveillance, October 27, 2018
- Watching the Watchers: Judicial Limitations on the use of surveillance evidence , Presented at a Client Seminar on Surveillance, October 27, 2018
- Recent Decisions regarding the Admissibility of Surveillance in Accident Benefits and Tort Claims by Catherine A. Korte, Presented at a Client Seminar on Surveillance, October 27, 2018
- Accuracy of Surveillance ReportsAccuracy of Surveillance Reports , Presented at a Client Seminar on Surveillance, October 27, 2018
- Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial by Michael Kennedy, Presented at a Client Seminar on Surveillance, October 27, 2018
- Surveillance: Activities and Problems , Presented at a Client Seminar on Surveillance, October 27, 2018
- From Motorist to Manufacturer: Adjusting to AV Litigation , September 24, 2018
- Acting for both Insured and Insurer: What Counsel Need to Know by Jessica Grant, September 08, 2018
- Justice Must Not Only Be Done, it Must be Seen - The LAT's Mandate to Ensure Both the Existence and the Appearance of Adjudicative Independence in their Decision-Making Processes by Matthew Dugas, July 09, 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
- Insurers Beware: Ontario Court Rules Underwriting and Broker Files are Producible in Tort Litigation when Consent is a "Live Issue" , June 27, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Autonomous Vehicles and the Future of Litigation , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Here, There and Everywhere, Chasing Fraudsters - An Indictment in a New York Slip and Fall Scheme raises concerns about Insurance Fraud by Howard Borlack, May 23, 2018
- Discoverability Dilemma: Limitation Periods for Contribution and Indemnity Claims by Adam Grant, May 09, 2018
- Marshall Report: Progress To Date by James Tomlinson, First Presented at a Transportation Law Seminar, May 03, 2018
- The Art of Due Diligence: Priority Disputes Among Insurers by Catherine A. Korte, First Presented at a Transportation Law Seminar, May 03, 2018
- Duty to Defend an Additional Insured Under a CGL Policy by Matthew Dugas, First Presented at a Transportation Law Seminar, May 03, 2018
- The Production of Cell Phone Records in the Age of Distracted Driving Expanding the Limits of Disclosure by Eric W.D. Boate, April 10, 2018
- Improper Policy Cancellation Leads to "Risky Business"- Case Comment: Minister of Finance v AXA Insurance by Howard Borlack, March 26, 2018
- Autonomous Vehicles vs. Pedestrians: Who is at fault? by Van Krkachovski, March 22, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
- Do Excluded Drivers have access to AB Coverage? See Court of Appeal Ruling , First published in MB Client News Alert, February 14, 2018
- Emerging Trends in Personal Injury Damage Awards by Van Krkachovski, February 13, 2018
- Cargo Storage: A Minefield of Regulation , February 08, 2018
- When is income 'earned' and therefore deductible? Case Study: A.S. and Economical , First published in MB Client News Alert, January 29, 2018
- What will cause an automobile tort claim to flop? Case Comment: Nadarajah v. Aviva Canada , January 19, 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
- Teenagers will be Teenagers: Did a Mother Give (Implied) Consent for Her Son to Possess and Operate Her Car? , First published in MB Client News Alert, December 20, 2017
- The Personal Injury Bar's Worst Fear: Not Enough Evidence to Put Question to a Jury , First published in MB Client News Alert, December 20, 2017
- Alcohol, Snowmobiling, Breaching a Probation Order and Insurance Coverage , November 13, 2017
- Falling Back to More Pedestrian and Cyclist Motor Vehicle Accidents , November 09, 2017
- The Court of Appeal's Take on Deductible & Prejudgment Interest in MVA Claims , First presented at an MB Client Seminar, October 30, 2017
- Is This The End of Civil Jury Trials in Motor Vehicle Accident Cases? by Annette Uetrecht-Bain, October 25, 2017
- The Sharing Revolution – Accident Benefits Coverage For Uber Drivers & Passengers , October 16, 2017
- Liability Exposure for Uber Drivers after a Fare is Dropped Off by James Tomlinson, First presented at an MB Transportation Seminar, October 16, 2017
- The Future of Litigation and Autonomous Vehicles , This paper was adapted from the article published in Canadian Underwriter, a national insurance magazine, September 2017 issue, and then presented at MB's Transportation Law Seminar., October 16, 2017
- LAT Broadens the Definition of Accident as per SABS Case Comment: 16-00218 v. Aviva Insurance , September 20, 2017
- Legalizing Marijuana: Potential Impact on Social Hosts , First published in Canadian Underwriter, June 2017 Edition, August 01, 2017
- Automobile Insurance Fraud: Prevalence, Prevention, and Response , First presented at an MB Client Seminar, July 10, 2017
- A summary of threshold decisions from 2016 and 2017: Which got through and which got bounced by Michael Kennedy, First presented at an MB Client Seminar, July 10, 2017
- A Lawyer's Guide to Discoveries and Timing of IMEs by Annette Uetrecht-Bain, First presented at an MB Client Seminar, July 10, 2017
- What's in a Name? Upcoming Changes to the Definition of a Motor Vehicle: Road-Building Machines , First presented in MB Client Newsletter, June 08, 2017
- Recovery for Mental Injuries: Dispensing with the Requirement of Expert Evidence , First published in MB Client Newsletter, June 07, 2017
- The timing of mandatory mediations in Toronto has changed , First published in MB Client Newsletter, May 23, 2017
- Retroactivity, Retrospectivity & Immediate Applicability , May 16, 2017
- Mediating a Road Authority Claim on Behalf of a Municipality by Van Krkachovski, Previously Published in the February 2017 Issue of the Litigator, April 03, 2017
- The Municipal Act: Minimum Maintenance Standards Revisited by the Ontario Court of Appeal by James Tomlinson, March 31, 2017
- Legalizing Marijuana: Drug Recognition Experts and Drug-Impaired Driving - Additional Considerations for Insurers following Supreme Court decision , First sent by MB Client Newsletter, February 23, 2017
- Autonomous vs Semi-Autonomous Vehicles: The Liability Distinction by Eric W.D. Boate, February 10, 2017
- Driving Outside of the Lines: Regulatory System v. Autonomous Vehicles , January 30, 2017
- Legalizing Marijuana: Drugged driving and how insurers can manage risk , First sent by MB Client Newsletter, January 13, 2017
- Featured Case Study: Raho Mohamud v. Old Republic Insurance Company by Garett Harper, First sent by MB Client Newsletter, December 12, 2016
- Featured Case: Aranas v. Kolodziej The buck stops here: A rare summary judgment win for the defence by Michael Kennedy and Marla Kuperhause, December 02, 2016
- Self-Driving Cars: Taking the Wheel out of your Hands by Eric W.D. Boate, November 30, 2016
- Important decision on when catastrophic accident benefits become overdue , Republished in the Ontario Insurance Adjusters Association's Without Prejudice Magazine - (January 2017 Edition), November 07, 2016
- How serious must a serious impairment be? Case Study , November 06, 2016
- Ontario Is Making Roads Safer One Winter Tire At A Time by Eric W.D. Boate, October 20, 2016
- Causation, Causation, Causation — Is What's Old New Again or Are Times A "Changing" by Catherine A. Korte, First presented at the CDL Fall Classic., October 11, 2016
- How Much Is This Lawsuit Going to Cost Me? Case Study No. 1 of 2: Corbett v. Odorico , First presented at the CCLA Summit for New Lawyers and Articling Students, October 07, 2016
- How Much Is This Lawsuit Going to Cost Me? Case Study No. 2 of 2: Carroll (Litigation guardian of) v. McEwen , First presented at the CCLA Summit for New Lawyers and Articling Students, October 07, 2016
- Strategies for Managing Claims related to Subjective Illnesses or Injuries in a Mediation by Van Krkachovski, September 23, 2016
- No Nonsense LAT — MB at the forefront! , MB Transportation Newsletter, September 23, 2016
- Lockdown at the Harbour: Arresting Multiple Ships? To safeguard eventual judgment , MB Transportation & Marine Law Newsletter, August 23, 2016
- Declaring Values on "Contracts of Carriage" in Ontario , MB Transportation Newsletter, August 17, 2016
- Reasonable and Necessary: Defining the elusive test from the Statutory Accident Benefits Schedule by Michael Kennedy, MB Transportation Newsletter, August 12, 2016
- Court of Appeal Decision on Dependency in a Priority Dispute Dealing with New Relationships , August 05, 2016
- Pokémon Go: Augmented Reality is the New Reality for Liability Insurers , MB Transportation Newsletter, July 15, 2016
- Update on Issues relating to Autonomous Vehicles: Recent Fatality & the Anticipated Challenges arising from the Accident , July 08, 2016
- Mandatory Training for Commercial Truckers a Welcome Change , MB Transportation Newsletter, June 29, 2016
- When to say Enough? Marfo v. Ahmed: A restatement of the law regarding defence medical examinations , MB Transportation Newsletter, June 15, 2016
- Is there a 10 day time period on EUOs? Case Comment: Choeun ats Allstate , First published to a client transporation law news alert, April 07, 2016
- Update from the Trenches: The Court of Appeal Denies the Availability of the Doctrine of Laches in Loss Transfer Disputes , First presented at MB's Transportation Law Seminar, April 07, 2016
- An Update on Uber and Autonomous Vehicles , First presented at MB's Transportation Law Seminar, April 07, 2016
- Changes to the Accident Benefits Regime by Catherine A. Korte, First presented at MB's Transportation Law Seminar, April 07, 2016
- Utilizing New Medical Technology in Today's Litigation by James Tomlinson and Garett Harper, First presented at MB's Transportation Law Seminar, April 07, 2016
- The Importance of Clear, Unequivocal Refusals Case Comment: Falcon and State Farm , MB Transportation Newsletter, March 28, 2016
- Insurers Seeking Recovery of Overpayment? Beware of Notice Requirements Case Comment: Intact Insurance v. Marianayagam 2016 , MB Client Newsletter, March 18, 2016
- John Hancock would be proud: Chaparina and State Farm and the importance of signatures on accident benefits treatment plans , MB Transportation Newsletter, March 14, 2016
- Will the Cap on Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No' - Case Comment: Davis ats Wawanesa 2015 , MB Transportation Newsletter, March 14, 2016
- Goodbye FSCO, Hello LAT! by Michael Kennedy, MB Transportation Newsletter, February 22, 2016
- The requirement to provide "medical reasons" when denying treatment plans: a ticking time bomb? , MB Transportation Newsletter, February 22, 2016
- Superior Court Re-Affirms that Bus Drivers are Held to a Higher Standard of Care , February 18, 2016
- For Want of Jurisdiction , Previously published by Canadian Underwriter.ca, January 05, 2016
- Liability Limits in Subrogation by Adam Grant, First presented at MB's Transportation Seminar, December 11, 2015
- Transportation Case Law Updates by Garett Harper, First presented at MB's Transportation Seminar, November 30, 2015
- Uber Now Delivers , First presented at MB's Transportation Seminar, November 12, 2015
- Court of Appeal released a decision Developments in Loss Transfer: Defence of laches is not available to bar delayed claims , MB News Alert re: Transportation, November 12, 2015
- Developments in Loss Transfer: Does the doctrine of laches apply to bar delayed claims? , First presented at MB's Transportation Seminar, November 11, 2015
- Autonomous Vehicles - The Next Frontier , First presented at MB's Transportation Seminar, November 10, 2015
- State Farm v. Old Republic Insurance, 2015 ONCA 699: Re: Heavy Commercial Vehicles , MB Newsletter re: Accident Benefits, October 23, 2015
- A "Victory for Common Sense": Uber Continues to Operate Legally in London, UK by James Tomlinson, Further to MB Presentation for Transportation law Seminar, October 20, 2015
- Discovering Potential Third Parties in Motor Vehicle Accident Claims: Who Should We Consider? by James Tomlinson and Garett Harper, First presented at MB's Transportation Law Seminar, April 15, 2015
- A Tomato Wagon? Defining 'Automobiles' Under Ontario's Insurance Legislation by Catherine A. Korte, First presented at MB's Transportation Law Seminar, April 15, 2015
- Off the Beaten Path: Occupiers and Trail Liability in Ontario by Garett Harper, First presented at MB's Transportation Law Seminar, April 15, 2015
- What is a Motor Vehicle and What Constitutes its use and Operation: An Investigation into Policy Applicability and Coverage by James Tomlinson, First presented at MB's Transportation Law Seminar, April 15, 2015
- Case Comment: Iannarella v Corbett , April 01, 2015
- Altering the Litigation Landscape: Mary Carter Agreements and Stamatopoulos et al v. Harris et al, 2014 ONSC 6313 by Van Krkachovski, MB Firm Newsletter, March 02, 2015
- Class Actions Certified for Truckers' Overtime Pay: Baroch v. Canada Cartage, 2015 ONSC 40 (January 31, 2015) , MB Transportation Newsletter, February 17, 2015
- Case Study on Electronic Custodial Care: Shawnoo v. Certas Direct Insurance Co , News Alert from MB to AB Clients, February 13, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Case law released concerning when policies must respond in actions involving rented or leased vehicles , MB Transportation Newsletter, January 13, 2015
- Ever Escalating Claims - Updated: The Evolving Auto Insurance Product Stresses on the System by Catherine A. Korte, First presented at an MB Client Seminar, October 31, 2014
- Too big for its britches? Fitting Chronic Pain into the Minor Injury Guideline of Ontario's Accident Benefits Scheme , First presented at an MB Client Seminar, October 31, 2014
- Seeing is Believing , First presented at an MB Client Seminar, October 31, 2014
- Establishing Causation in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Chronic Pain and Suffering: Non-Pecuniary General Damages Awards in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Future Care Costs: Preparation and Mitigation by Van Krkachovski, First presented at an MB Client Seminar, October 31, 2014
- Mary Carter Agreements by Michael Kennedy, First presented at an MB Client Seminar, June 16, 2014
- Bill 171: The Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 by Catherine A. Korte, First presented at MB's Transportation Law Seminar, May 06, 2014
- Ever Escalating Claims: The Evolving Auto Insurance Product Stresses on the System by Catherine A. Korte, First presented at MB's Transportation Law Seminar, May 06, 2014
- Identifying Insurance Fraud in Tort Claims by James Tomlinson, First presented at MB's Transportation Law Seminar, May 06, 2014
- Insurance Coverage for Injuries Caused by At-Fault Uninsured, Inadequately Insured and Unidentified Motorists , First presented at MB's Transportation Law Seminar, May 06, 2014
- Paying for the Future: An Analysis of Large Awards for Future Care Costs by James Tomlinson, First presented at MB's Transportation Law Seminar, May 06, 2014
- Recent FSCO Appeal Decision: Belair Insurance Company Inc. and Lenworth Scarlett by Matthew Dugas, MB News Alert, December 11, 2013
- Lessees may recover under a lessor's insurance policy , December 28, 2012
- An introduction to cargo theft , First presented at an MB Transportation Law seminar, December 03, 2012
- Two deductibles applied when there are two accidents , MB's Transportation Newsletter, November 15, 2012
- Part II: Litigating Oil Leak Claims: Trucking and Marine Accidents: Oils Spills and Liability for Environmental Remediation by Van Krkachovski, Presented at an MB Environmental Law Seminar, October 03, 2012
- UPDATE: Downer v. Personal Insurance by Michael Kennedy, MB Transportation Newsletter, May 10, 2012
- FSCO Counsel Meeting Summary: How to address the mediation backlog , Part of MB Transportation Newsletter, April 09, 2012
- Bad faith is not a claim governed by the insurance contract by Michael Kennedy, MB Transportation Newsletter, March 25, 2012
- Accessibility for Ontarians with Disabilities Act: How to Comply with the Customer Services Standard , Harmonie Group, February 29, 2012
- Case Study - Kusnierz v. Economical - Decision from the Court of Appeal , Transportation Newsletter, January 06, 2012
- Insurance coverage for injuries caused by at-fault uninsured, inadequately insured and unidentified motorists , MB Transportation Law Seminar, November 09, 2011
- Recent commentaries on the deductibility of collateral benefits in income loss claims , MB Transportation Practice Group Seminar, November 09, 2011
- Videotaping Defence Medical Examinations: An Overview of the Case Law by Alan S. Drimer, MB Transporation Practice Group Seminar, November 09, 2011
- A year, if a day: What insurers are talking about one year after the introduction of the "New Regs" , MB Transportation Practice Group Seminar, November 09, 2011
- The use of no-fault reports by a tort defendant: Beasley revisited, one year later by James Tomlinson, MB Transportation Practice Group Seminar, November 09, 2011
- Recent Developments in Loss Transfer , MB Transportation Practice Group Seminar, November 09, 2011
- Should Psychological Injuries Be Combined With Physical Injuries To Determine Catastrophic Impairment? , MB Transportation Practice Group Seminar, November 09, 2011
- Liability of Vehicle Owners: The Ontario Superior Court of Justice's Decision in Case v. Coseco Insurance Co. , MB Transportation Practice Group Seminar, November 09, 2011
- Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) by Michael Kennedy, McCague Borlack Transportation Newsletter, October 22, 2011
- Reckless driver solely at fault for single-vehicle accident despite poor road construction by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Repairing a vehicle is not an ordinary use to which vehicles are put by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Change in circumstances permits multiple applications for determination of catastrophic impairment , September 26, 2011
- Legal determination that an at-fault motorist is underinsured is required before a plaintiff's OPCF 44R coverage is triggered , September 26, 2011
- Court holds there is no duty to defend when policy limits are exhausted by Michael Kennedy, CLC Transportation Newsletter, February 28, 2011
- Court voids claims waiver on basis of power imbalance between adjuster and plaintiff by Michael Kennedy, Published first in CLC's Transportation Newsletter, February 28, 2011
- The Use of No-Fault Reports by a Tort Defendant by James Tomlinson, First presented at a Transportation Law Seminar, September 22, 2010
- Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee by Michael Kennedy, MB Transportation Newsletter, February 28, 2010
- A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal , MB Transportation Newsletter, January 31, 2010
- Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved , MB Transportation Newsletter, January 31, 2010
- Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva , MB Transporation Newsletter, December 31, 2009
- Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman , MB Transportation Newsletter, December 31, 2009
- General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski , MB Transportation Newsletter, December 31, 2009
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage Newsletter, December 31, 2009
- The Notional Equivalent of Being Struck by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- Accident benefits priority dispute between driver's own insurer and company car's insurer , MB Transportation Newsletter, December 31, 2009
- Escalating Damages in Canada by Van Krkachovski, Transportation Seminar, February 29, 2008
TORONTO - 416.860.0001 OTTAWA - 613.569.2855 KITCHENER - 519.340.0500 BARRIE - 705.481.0240 LONDON - 226.781.2127