General Casualty & Special Risks

CLC's largest and most active practice group is an experienced team of professionals who provide a full range of litigation and advisory services in all lines of general casualty and special risks. We regularly act for primary insurers, excess and umbrella insurers, insurance pools, liability programs, and for insurers, with substantial self-insured retentions and deductibles.

these independent lawyers and firm's have extensive experience in appearing at all levels of courts in these matters, and with the large number of lawyers involved in the group, there is always a lawyer available with the right experience to efficiently and effectively handle any form of general liability or special risk matter. In addition, CLC's 24/7 emergency call centre is available in the event of a catastrophic loss or for general legal advice at all times.

Services provided:

Coverage

Complete 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 general casualty and special risk lines of business.

Liability Defence

CLC members have extensive experience in a broad range of general casualty and special risk claims, including the following: 

Risk Management

The most efficient method of limiting liability is through effective risk management techniques and strategies. CLC's group of highly trained lawyers provide a complete range of risk management advice on methods of limiting liability exposure including:

• establishment of appropriate protocols and procedures
• drafting and interpreting bills of lading, lease agreements and other contractually related documentation
• development of manuals and handbooks
• training of employees
• utilization of incident reports and special contractual provisions designed to restrict liability exposure
• development of privacy legislation procedures and protocols
• co-ordinating claims between insurer and insureds where there is a significant deductible or self-insured retention
• advising on claims that are in excess of policy limits

Publications

• Interpreting limitation periods in Saskatchewan - What the recent Court of Appeal decision in MFI Ag Reveals , McDougall Gauley LLP, May 29, 2023
• Headrush: Court Blames City and Diver for Headfirst Dive , Brownlee LLP, April 26, 2023
• Limitation periods and The Saskatchewan Farm Security Act – What you need to know , McDougall Gauley LLP, February 15, 2023
• Saskatchewan Court of Appeal outlines new test for redacting producible documents , McDougall Gauley LLP, January 09, 2023
• You got hacked: Limits on Liability - AN UPDATE: Case Study of Owsianik v. Equifax Canada Co, and Intrusion of Seclusion , McCague Borlack LLP, November 30, 2022
• B.C. Court Finds no Liability for Company Hired to Clear Municipal Sidewalks , Brownlee LLP, August 22, 2022
• Damaged Curbs Do Not Attract Automatic Liability , Brownlee Law, May 10, 2022
• Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations , McCague Borlack LLP, April 18, 2022
• Recliner Seats Are a Comfort Not a Hidden Hazard: Trip and Fall Case in Theatre Summarily Dismissed , April 07, 2022
• '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 , McCague Borlack LLP, April 01, 2022
• Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 , McCague Borlack LLP, February 03, 2022
• You got hacked: Limits on liability - A Case Study of Owsianik v. Equifax Canada Co, and Instrusion of Seclusion , McCague Borlack LLP, July 15, 2021
• Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. , McCague Borlack LLP, June 28, 2021
• Misfeasance Claims against Crown Prosecutors - Case Study: Ontario (Attorney General) v. Clark, 2021 SCC 18 , May 18, 2021
• Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada , February 16, 2021
• Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto , January 18, 2021
• Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court , January 05, 2021
• Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan , December 16, 2020
• Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218 , December 02, 2020
• So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser , November 06, 2020
• Bill 22: Changes to MGA Provisions Governing Regional Services Commissions , Brownlee LLP, October 21, 2020
• Municipal Snow Removal Policies and Practices , Brownlee LLP, October 21, 2020
• What’s Yours is Actually Mine? Recent Case Law Clarifies the Line Between Municipal and Private Utility Responsibility, and Best Practices , Brownlee LLP, October 21, 2020
• Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 , September 26, 2020
• The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. , September 26, 2020
• The Litigation Dance: What Steps Count? , Brownlee Law, September 17, 2020
• Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety , August 11, 2020
• Updates around Civil Matters in the Superior Court of Justice in the Central East Region , August 10, 2020
• Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, July 03, 2020
• Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, June 24, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• It's 2020: Bringing the Courts in Line with the Times During COVID-19 - Case Study: Arconti v. Smith , McCague Borlack LLP, May 21, 2020
• Is it okay for jurors to engage in internet research during deliberations? Case Study: Patterson v Peladeau , McCague Borlack LLP, May 11, 2020
• COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts , McCague Borlack LLP, April 29, 2020
• COVID-19: Business interruption – Are you covered? , McCague Borlack LLP, April 14, 2020
• Long fight ends in judgement to Plaintiff includes interest plus costs: Featured Case Study: Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al. , March 12, 2020
• Can a pseudonym screen name protect you from a lawsuit?: Case Study: Theralase Technologies Inc. v Lanter , March 12, 2020
• A Duty of Good Faith is Foundational: Case Study: Demetriou v. AIG Insurance Company of Canada (2019 ONCA 855) , January 13, 2020
• The Test for Misfeasance of Public Office: Case Comment: Capital Solar Power v OPA , November 12, 2019
• The Weir-Jones (2019) Summary Judgment Hangover: Two Similar Occupiers' Liability Cases With Different Results , Posted on Mondaq, October 21, 2019
• Procedural Differences Between Civil Actions in British Columbia and Ontario , First presented at a Client Seminar., August 15, 2019
• What To Consider When Choosing An Expert: Maxrelco Inc. V. Lumipro Inc. , First presented at a Client Seminar., August 15, 2019
• So You've Released a Defendant Municipality: Can you Still Have a Jury Trial? , First presented at a Client Seminar., August 15, 2019
• The New (and Improved?) Rule 76 Simplified Procedure , First presented at a Client Seminar., August 15, 2019
• New Guidance In Establishing A Successful Reasonable Use Of Force Defence , July 31, 2019
• Amendments To The CBCA Effective June 13, 2019 , June 12, 2019
• Just When You Thought It Could Not Get Any Harder: Changes Could Be Coming to Proceedings Against the Crown , May 01, 2019
• Cyber risks to your organization and its consequences: New reporting standards from the Office of the Privacy Commissioner of Canada , April 25, 2019
• Alberta Court of Appeal Articulates New Test for Imposing Limits on Medical Examinations , April 11, 2019
• Getting "Ahead" of the Changes: Rowan's Law and the Potential Impact on Insureds – Further Updates , February 28, 2019
• Taking A Dip Into Public Pool Liability: Municipal and Resort Related Liability , First presented at a client seminar., February 28, 2019
• Indemnification and the Duty to Defend in Commercial Agreements: Alberta Court of Appeal Case Study: Kostic , February 19, 2019
• Approximately 2.5 Million Dollars Gone in Approximately 2.5 Seconds: An Insurance Coverage Nightmare , January 28, 2019
• Tick Tock, Watch Your Clock: Estate Trustees are not Litigation Guardians under s.7 of the Limitations Act , December 20, 2018
• Bucking the Legal Lacuna: The Humboldt Bronco's Record Setting GoFundMe Campaign and Saskatchewan's Informal Public Appeals Act , December 07, 2018
• The Foreseeability of a Flying Bottle: A Case Study of Bucknol v. 2280882 Ontario Inc. , October 28, 2018
• The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, and Locker Room Soap Operas , October 28, 2018
• Re-Serve Your Formal Offer If You Want Double Costs , October 28, 2018
• You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial , 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 Claim , Presented at a Client Seminar on Surveillance, October 27, 2018
• Accuracy 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 , Presented at a Client Seminar on Surveillance, October 27, 2018
• Surveillance: Activities and Problems , Presented at a Client Seminar on Surveillance, October 27, 2018
• What Stefanyk hath wrought: Albert Court of Appeal Decision in Stefanyk v Sobeys Capital Inc , October 08, 2018
• Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations , September 19, 2018
• Lets talk about Sexts: Is my teenager in possession of child pornography? , September 14, 2018
• No Playing Around: An UPDATE on Tort Liability and School Yard Injuries , September 12, 2018
• Strategic Lawsuits Against Public Participation - A "Win" for Freedom of Expression - Featured Case Study: Lascaris v B'nai Brith, 2018 ONSC 3068 , July 12, 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. , June 29, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Risk Management and Cannabis in Ontario - What is going to be legalized and when? , First Presented at an ORIMS Professional Development Day, May 24, 2018
• Discoverability Dilemma: Limitation Periods for Contribution and Indemnity Claims , May 09, 2018
• Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment Case Comment: McDonald v McDonald , April 27, 2018
• Security Breach Reporting Requirements under the PIPEDA starting November 2018 , April 24, 2018
• Couple Caught in Bidding War Frenzy Reneges on Purchase of Dream Home, Liable for Damages , April 18, 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
• Freedom of Expression in the 'Trump Era' Is a "Trump is right. F**k China. F**k Mexico" Sign Protected Speech? , March 27, 2018
• Improper Policy Cancellation Leads to "Risky Business" - Case Comment: Minister of Finance v AXA Insurance , March 26, 2018
• Case Management: Be Zealous But Be Reasonable , March 23, 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 , March 07, 2018
• The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
• Collaborative Care and Vicarious Liability , February 16, 2018
• Latency of Claims for Allied Healthcare Providers , February 16, 2018
• Legal Themes utilized for Medical Liability , February 16, 2018
• Emerging Trends in Personal Injury Damage Awards , February 13, 2018
• Malpractice & Health Litigation Basics in Canada: A Statistical Primer for Practitioners, Professionals, Hospitals, and Insurers , First presented at a client seminar., February 12, 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
• Show Me the Money? Only If You Can Show Me the Hazard! , First Published to MB's Client List, December 18, 2017
• Four Million Dollar Price Tag to Fix an Actress's Reputational Damage , September 20, 2017
• Marijuana Legalization: Ontario Weighs In  , September 18, 2017
• No Playing Around: Tort Liability and School Yard Injuries , September 18, 2017
• SCC Lowers Standard for Proving Mental Injuries , August 24, 2017
• No Video For You: The Court Clarifies Who May View A Video Recording Of An IME , August 11, 2017
• Tug-of-War Gone Wrong: Who is Liable when Participant's Arm is Amputated - Case Study: Bonello v. Gores Landing Marina , August 10, 2017
• One small step for summary judgements, one giant leap for efficiency , August 04, 2017
• Medical records: Personal Privacy in Conflict with the Rule of Law , August 02, 2017
• Court of Appeal Declines Remedies against Person Harassing Mayor, Township , August 01, 2017
• Legalizing Marijuana: Potential Impact on Social Hosts , First published in Canadian Underwriter, June 2017 Edition, August 01, 2017
• Your Reservation has changed... Airbnb Regulation in Toronto and Insurance Coverage Issues , July 15, 2017
• The Court of Appeal's Take on Deductible & Prejudgment Interest in MVA Claims , First presented at an MB Client Seminar, July 10, 2017
• Insurers Beware: Recent Developments in the Duty to Defend and Indemnify , First presented at an MB Client Seminar, July 10, 2017
• Everything You Need to Know About Trial Insurance: Security Against Bad Outcomes at Trial For Sale! , First presented at an MB Client Seminar, July 10, 2017
• The Effect of "After The Event" Insurance on the Litigation Process , July 05, 2017
• Defamation in the Internet Age: The Law and Social Media , First presented at an ORIMS seminar., June 13, 2017
• Recovery for Mental Injuries: Dispensing with the Requirement of Expert Evidence , First published in MB Client Newsletter, June 07, 2017
• ABCA Outlines Test for Long Delay under Rule 4.31 , May 24, 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
• The United Airlines debacle in the context of Canadian tort law , May 15, 2017
• A crack in the armour? Waivers and the use of the Consumer Protection Act , First published in MB Sports & Rec Client Newsletter, May 10, 2017
• Legalizing Marijuana: And The Litigation Begins... , McCague Borlack LLP, March 08, 2017
• County Liable For Mountain Bike Training Park Accident , Brownlee LLP, March 03, 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
• Medical Marijuana: Considerations for Employers , First sent by MB Client Newsletter, February 07, 2017
• Fans Beware: The Risks of Watching Your Favourite Athletes , First presented at the Sport Seminar, February 02, 2017
• Inherent Risks in Hockey: Recent Developments in the Law , First presented at the Sport Seminar, February 02, 2017
• The Corporate Veil won't cover Personal Misrepresentations , January 20, 2017
• Legalizing Marijuana: Drugged driving and how insurers can manage risk , First sent by MB Client Newsletter, January 13, 2017
• Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
• Back-up Servers and Privacy Legislation: When information is "reasonably retrievable" under the Privacy Act , December 05, 2016
• Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
• First Party Claims: Affidavit of Documents (and Conclusion) - Part 7 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 28, 2016
• First Party Claims: Pleadings - Part 6 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 27, 2016
• First Party Claims: Special Considerations - Part 5 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 26, 2016
• First Party Claims: Is Bad Faith Pleaded? - Part 4 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 25, 2016
• First Party Claims: The Insurance Policy - Part 2 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 23, 2016
• Caring for the Elderly and the Duty to Supervise , September 30, 2016
• Waivers Gain Additional "Armor" in the Defence of Personal Injury Litigation , April 25, 2016
• No Man's Land - Cyberbullying and the Canadian Legal Landscape , First Presented at the Ontario Insurance Adjusters Association's April Seminar, April 09, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• Into the Breach: Effective Loss Control , First presented at an MB Client Seminar, September 24, 2014
• Not Anonymous Anymore: Managing Privacy Concerns , First presented at an MB Client Seminar, September 24, 2014
• The Top 5 Tort Cases of the Preceding Year and Ever Increasing Damage Awards and the Future Care Case Law , MB Tort Article Database, September 13, 2013