News

February 10 - Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act by Matthew Dugas and Sandra White of McCague Borlack LLP.

January 17 - McCague Borlack LLP is pleased to announce that Matthew Glass, Marla Kuperhause, Arthur Rozumek, and Alex Hartwig have been asked to join the partnership, effective January 1, 2023. (Of course, they said YES!) 

January 17 - Compensation expectations for long-term employees terminated - Case Study: Williams v. Air Canada by Howard Borlack & Anita Zamani of McCague Borlack LLP

January 4 - Statutory Deductibles & Monetary Thresholds - Increased for MVA Claims by Eric Boate

December 13 - 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 of MB

December 9 - There is a position open in our Alberta / BC - affiliated firm, Brownlee LLP,  for a Communications Advisor - see details.

December 2 - Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc. by Howard Borlack and Conner Sipa of McCague Borlack LLP

December 1 - http://Overview of the New Provisions of the Act Respecting the Protection of Personal Information in the Private Sector — What are the Implications for Employers? by Roxanne Cloutier-Peace by RSS

November 30 - You got hacked: Limits on Liability - AN UPDATE: Case Study of Owsianik v. Equifax Canada Co, and Intrusion of Seclusion by Theresa Hartley and Paul Jacoby of McCague Borlack LLP

November 22 - Personal Circumstances Given Weight in a Plaintiff’s Failure to Mitigate: Trafford v Byron, 2022 BCSC 1896 by Brecken Anderson of Brownlee LLP

November 22 - Timelines when Common Courtesies Extended: Jelonek v Monterrosa-Renaud, 2022 ABKB 738 By Drew Wilson of Brownlee LLP

November 2 - A Paradigm Shift in the Protection and Representation of Persons in Vulnerable Situations by Adrien Tillet and Lauren Flam of RSS Lawyers

October 26 - Claims for Latent Defects: Limits to the Pre-Purchase Inspection Obligation and to the Amounts That Can Be Awarded in the Event of Liability by Chantal Noel of RSS Lawyers

October 6 - Enforcement in Quebec of Foreign Judgments: Restraint Is in Order With Abusive Clauses by Maxime Saint-Onge of RSS Lawyers

September 21 - The Divisional Court rules that all employment insurance benefits are deductible under the SABS - featured case study by Petra Sbeiti

September 21 - Waiting for the Umpire to Make the Call Under BC’s Insurance Act by Michael Colwell of Brownlee LLP

September 15 - “What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action by Caroline Cassagnabére

September 9 - An Implied Waiver is Not Enough by Leilani Karr of Brownlee LLP

September 1 - Are Building Developers Liable? Maybe… Condo Corp v JV Somerset by Drew Wilson of Brownlee LLP

August 31 - Access articles further to MB's client seminar.

• Recent Trends in Civil Litigation as a Result of COVID-19 by Nawaz Tahir
• Additional Insureds and Reservation of Rights by Garett Harper
• Judge vs. Jury: Considerations when Planning Your Case Strategy by Van Krkachovski
• Tips for Pursuing a Claim Under the Provisions of the Sale of Goods Act by Marla Kuperhause
• Strategies for Proactively Advancing a Subrogated Claim by Adam Grant

August 30 - Rule 3.45 is not a Limitation Period by Phoenix Howe of Brownlee LLP

August 29 - Temporary Suspension of the Obligation for Corporations to Provide French Translation of English Court Proceedings by Claude-Armand Sheppard of RSS

August 26 - A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy by Nathan Hassan Omar by RSS

August 22 - B.C. Court Finds no Liability for Company Hired to Clear Municipal Sidewalks by Duncan Taylor of Brownlee LLP

August 18 - Buying a Century-old Property: An Extra Measure of Care Is Required by Stéphanie Beauchamp of RSS

August 16 - Get with the Times: Alberta Court of Appeal Greenlights Videoconferencing by Kara Shaw of Brownlee Law

August 16 - Regional Update on next available civil motion dates - put together by Eric Turkienicz & Nicholas Therens

July 28 - Ontario Court of Appeal Upholds Decision to Deny Coverage for Tort of Intrusion upon Seclusion Claims - Case Comment: Demme v. HIROC by Eric Turkienicz and Naomi Santesteban, McCague Borlack LLP

July 12 - Determination of Notice Periods for Rehired Employees Post CCAA Proceedings - Case Comment: Antchipalovskaia v. Guestlogix by Howard Borlack and Chanpreet Shokar, McCague Borlack LLP

July 7 - SEF 44 Provision is Still Favorable to Insureds by Andrew Bitz, Brownlee LPP

June 29 - Judge vs. Jury: Considerations for Medical Malpractice Cases by Martin Smith & Desneiges Mitchell, McCague Borlack LLP

June 24 - Breaking The Blunt Arrow: Bill 27's Ban on Non-Compete Agreements by Martin Smith and Desneiges Mitchel of McCague Borlack LLP

June 22 - Double duty: 'Direct and visible supervision' of third parties is required under BC’s Occupiers Liability Act by Michael Colwell of Brownlee LLP

June 17 - No One is Perfect: Standard of Care Required of an Occupier is Reasonableness not Perfection by Phoenix Howe of Brownlee LLP

June 13 - Reasonable Safety is Sufficient to Absolve an Occupier of Liability Under the OLA by Phoenix Howe of Brownlee LLP

June 7 - A Time Limit Cannot Be Imposed on the Consent to Operate a Vehicle by Kristina Persaud of Brownlee LLP

May - Constructive Dismissal during the COVID-19 Public Health Emergency by Gordon D. Hamilton, McDougall Gauley LLP

May 20 - Collateral Attacks Fail Against Municipalities by Brownlee LLP litigation team.

May 18 - Alberta Court Refuses to Grant Indefinite Limitation Period for Environmental Liabilities by Duncan Taylor of Brownlee LLP

May 10 - Damaged Curbs Do Not Attract Automatic Liability of Brownlee LLP

May 4 - Sunken Sprinkler Head Can’t Trip Up Municipal Government Act Protections by Brownlee LLP

May 3 - BC Court Decides CERB Payments Should Count Against Damages for Wrongful Dismissal by Martin Smith and Tess Doane of McCague Borlack LLP

May 2 - Quebec Liability Insurance Duty to Defend Update by Nick Krnjevic of Robinson Sheppard Shapiro

April 28 - Minimum Maintenance Standards and Municipal Sidewalks - Case Study: Cromarty v. Waterloo (City) by Van Krkachovski & Conner Sipa of McCague Borlack LLP

April 25 - Passing the Buck: Payment of Productions in Personal Injury Litigation - Case Comment: Endale v. Parker by Garett Harper and Conner Sipa of McCague Borlack LLP 

April 22 - Application of Res Judicata to a Second Lawsuit for Abuse of Proceedings by Alice Bourgault-Roy of Robinson Sheppard Shapiro 

April 21 - In PetroFrontier, Alberta Court of Appeal Advises on Protecting Solicitor-client Privilege When Pleading by Ashley Cosgrove, of Brownlee LLP

April 18 - Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations by Theresa Hartley and Paul Jacoby of McCague Borlack LLP

April 14 - New Pyke Decision May Create Uncertainty for Municipal Statutory Defences by Drew Wilson, Brownlee Law

April 14 - Federal Government’s Continued Commitment to Establishing a Canada Water Agency by C. Richard Jones, Brownlee Law

April 7 - Recliner Seats Are a Comfort Not a Hidden Hazard: Trip and Fall Case in Theatre Summarily Dismissed by Nabeel & Mark Hein, Brownlee Law

April 1 - Financial Planner and Advisor Titles: A New Framework is Announced by Howard Borlack and Kritika Seth of McCague Borlack LLP

April 1 - Defendants are not liable for ‘freak accident’ - Delfs v Stricker, 2022 BCSC 373 by Olivia Rees of Brownlee LLP

April 1 - '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 and Conner Sipa of McCague Borlack LLP

March 30 - Dispensing with dispensaries: Pot shops on every corner By Eric Turkienicz and Paul Jacoby of McCague Borlack LLP

March 25 - Force Majeure Clauses: A Reminder for a Volatile 2022 by David Fung & TJ Garcha

March 25 - Trade Disruptions: Navigating Risks to Cargo Interests by David Fung & Kim Wigmore

March 24 - The Difficulties of Relying on the Minimum Maintenance Standards - Case Study: Lloyd v Bush By Van Krkachovski and Tess Doane of McCague Borlack LLP

March 10 - Good Faith, or Preying on Bad Faith? Considerations for Discretionary Clauses by Jesse Stanich, Brownlee LLP

March 1 - You Oughta Know: Recent Court of Appeal Case Reinforces Limitation Period Trigger by Leilani Karr, Brownlee LLP