News

September 18 - Restraint of Trade Following Changes to the Competition Act by Calen Nixon & Eric Dulle at McDougall Gauley LLP

September 18 - The Flowers, the Pot and the Fire by Priscilla Simard of RSS

September 18 - Deny With Care: Insurers need solid evidence in order to prove there has been a “material change in risk" by Micael Colwell of Brownlee LLP

September 12 - A recent judgment by the Superior Court on the professional liability of insurance brokers by Patricia Baram of RSS

September 11 - Reducing Costs and Barriers to Legal Services: The Alternate Witnessing of Documents Amendment Act by Benson Buffett

September 8 - Congrats to Michael L. Kennedy of McCague Borlack LLP on the "win" for his client. Read the featured case study - When Is Travel Insurance "Excess" to Auto Insurance? ONSC Clarifies Applicability of s. 268(6) of the Insurance Act by Chanpreet Shokar

September 8 - How many insurers does it take to defend an insured? by Vikki Andrighetti of RSS

September 6 - An Overview of Recent and Upcoming Changes to the Canada Labour Code by Alyssa Phen & Calen Nixon of McDougall Gauley LLP

September 5 - Facilitating Affordable Housing Projects in Your Community - Municipal Tools, Strategies and Options to Consider by Marny Paul of Brownlee LLP

August 31 - The Inevitable Disclosure of Changes in Insurability in Life Insurance Matters by Alice Bourgault-Roy of RSS

August 31 - Navigating Time and Terrain: Limitation Defence Succeeds Because Plaintiff Knew of Hazard Before Injury Occurred - by Kara Shaw of Brownlee LLP

August 23 - When Employers have a Duty to Inquire and what it entails by Calen Nixon & Nicole Tryhorn

August 16 - Now or Never - Limitations on Late Expert Reports by Martin Smith & Angela Ribarich of McCague Borlack

August 15 - Reminder that Proportionality is Primary in a Costs Award by Neil Zimmerman of Brownlee LLP

August 3 - Unraveling the Aftermath of a Property Loss Claim - a case study by Hassan Khan of Brownlee LLP

August 3 - The Lake Overflows but the Loss Is Excluded - a case study by Mariella De Stefano of RSS

August 2 - The boat disappears: the claim sinks!  - AN UPDATE by Mathieu Boily of RSS

July 27 - Punitive Damages for Denial of Coverage? Truong et al v Jeweler’s Mutual Insurance by Vlad Kuszniryk and Jesse Stanich of Brownlee LLP

July 26 - Triable Issues & Legal Clocks: Park Place Condo Roof Dispute Examined by Duncan Taylor & Courtney Chrusch of Brownlee LLP

July 24 - To have your cake and eat it too? Incorporation does not necessarily affect employee status under the Act Respecting Labour Standards - by Roxanne Cloutier-Peace of RSS

July 19 - The Excavator Lost its Head - AIG v Mecano Mobile - article by Patrick Henry of RSS

July 13 - Just When I Thought I Was Out… | Parks v McAvoy by Drew Wilson and Sarah Rhydderch of Brownlee LLP

July 11 - The Supreme Court’s unanimous decision clarifies that credit can be given for pre-conviction driving prohibitions by Matt Schmeling & Travis Sylvestre of McDougall Lauley LLP

July 10 - Can you get a DUI on an E-Scooter? Yes. by Matt Schmeling & Travis Sylvestre of McDougall Lauley LLP

July 6 - Use of Social Media Evidence at Trial by Shad Chapman, Olivia Brassard & Julia Pratt of Brownlee LLP

June 29 - Easements and Utility Rights of Way by Lorne Randa of Brownlee LLP

June 28 - BC Court puts a pin in the analysis for an Insurer’s Duty to Defend by Amrit Klara of Brownlee LLP

June 22 - The Ticking Deadline: A Case Study on the Application of Rule 4.33 by Neil Zimmerman and Sarah Rhydderch of Brownlee LLP

June 14 - Schizophrenia, Knives, and Insurance: A Complex Coverage Scenario by Michael Thorne of Brownlee LLP

June 5 - Alberta Court Dismisses Constructive Taking Lawsuit - Municipal Law Alert by Richard Jones of Brownlee LLP

May 29 - Interpreting limitation periods in Saskatchewan - What the recent Court of Appeal decision in MFI Ag Reveals by Nicole Krupski of McDougall Gauley LLP'

May 24 - BC Court of Appeal Reins in Excessive Loss of Future Earning Capacity Award by Drew Wilson & Sarah Rhydderch of Brownlee LLP

May 9 - The Role of the Saskatchewan Human Rights Commission Advancing a Complaint Before the Court of King’s Bench by Calen Nixon & Alyssa 

April 26 - Headrush: Court Blames City and Diver for Headfirst Dive by Hassan Khan of Brownlee LLP

April 18 - The Court Provides Clarity on the CPN7 Apparent Vexatious Application or Proceeding (AVAP) Procedure by Kristina Persaud of Brownlee LLP

April 11 - Changes to Legislation: The Non-Profit Corporations Act, 2022 by Ronald Miller of McDougall Gauley LLP

April 10 - New Business Corporations Act Enacted March 12, 2023 by Ronald Miller of McDougall Gauley LLP

April 4 - Navigating the Murky Waters of Cyber-Attack Privilege by Duncan Taylor of Brownlee LLP

March 30 - Standard Mortage Endorsement: Is it a Shield for the Creditor? by Patrick Henry of RSS

March 21 - Court of King’s Bench Confirms Stigma Damages and Strict Interpretation of MGA Defences by Drew Wilson of Brownlee LLP

March 14 - How Low Can You Go: Court awards less than minor injury cap to plaintiff in uncontested damages trial by Andrew Bitz of Brownlee LLP

March 9 - "Durability” Stands the Test of Time in Future Income Loss Claim by Jesse Stanich by Brownlee LLP

March 9 - Where do you keep your corrosive cleaner? by Ariane Vanasse of RSS

March 8 - Beyond Four Walls: BC Court of Appeal Determines Scope of Coverage for Property Damage Occurring 'Within Your Dwelling by Amrit Kalra at Brownlee LLP

February 27 - The Insured Left Its Imprint by Priscilla Simard of RSS

February 15 - Limitation periods and The Saskatchewan Farm Security Act – What you need to know by Nicole Krupski of McDougall Gauley LLP

February 14 - The boat disappears: the claim sinks! by Mathieu Boily of RSS

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.

February 6 - An Important Decision for Property and Casualty Insurers: Abbas v Esurance by David Pick, Michael Thorne of Brownlee LLP

February 6 - The Impact of Ministerial Order 27/2020: A Look at Rainard v Tan by Michael Thorne of Brownlee LLP

January 27 - A Series of Unfortunate Events: Proving Fraud in the Insurance Context by Michael Colwell of Brownlee LLP

January 26 - A Knockout for Insurers – BCSC Confirms Exclusion for Failure to Prevent Assault by Leilani Karr by Brownlee LLP

January 26 - Crisis averted on the Canal! by Marc-Olivier Bouillette of RSS

January 19 - Dangerous "Fish and Chips" by Patrick Henry of RSS

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 11 - Failure to Prove a Hazard Results in Summary Dismissal Biegel v Trotter and Morton Limited by Kara Shaw of Brownlee LLP

January 9 - Saskatchewan Court of Appeal outlines new test for redacting producible documents by Ellen Fitzgerald of McDougall Gauley LLP

January 4 - Statutory Deductibles & Monetary Thresholds - Increased for MVA Claims by Eric Boate of McCague Borlack LLP

December 16 - Supreme Court of Canada Relaxes the Test for “Constructive” Takings by William Lane of McDougall Gauley LLP

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 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