Professional Liability

Professionals today face tremendous pressure from demanding clients. The news media frequently carry stories about large errors and omissions (E&O) claims brought against professionals who were "only trying to do their jobs".

Our CLC lawyers respect the hard work of our professional clients, and strive to protect their reputations while minimizing their financial exposure. We have experience in all aspects and phases of professional liability issues, ranging from risk management through to dispute resolution. We have represented professionals in numerous fields, including:

Litigation

The CLC independant lawyers act on a full range of matters that involve professional liability exposures, including those involving design, manufacturing, construction, inspection, and maintenance errors,pollution exposures, disciplinary procedures, quasi-criminal allegations, inquests,employment practices, and libel and slander. Some of our files involve class actionsthat are extremely complex, with highly technical issues, voluminous documentary productions, and extensive damage claims.

Risk Management

These lawyers also have given numerous “smell-the-coffee" seminars to our clients and professional organizations. We proactively assist in reviewing and drafting contract wordings and exculpatory clauses, and thereafter negotiate the wordings of contracts with the involved parties on given projects. We represent professionals in investigations and disciplinary hearings. Throughout, our skilled negotiators explore and utilize alternative dispute resolution (ADR) processes to minimize the financial, reputational, and time impact of these processes on our clients. Finally, we also assist insurers in drafting policy wordings, special endorsements, and exclusions for their various program coverages.

Publications

• Legal Causation in Medical Malpractice Claims , McCague Borlack LLP, October 11, 2024
• Novus Actus Interveniens (Intervening Cause) And "But For" Causation , McCague Borlack LLP, April 01, 2024
• Cost Inflation in Alberta Litigation: The Grimes Multiplier , Brownlee Law, January 08, 2024
• Blinded by the Light: Police Found Not Liable for Roadside Collision , Brownlee LLP, October 10, 2023
• Just When I Thought I Was Out… | Parks v McAvoy , Brownlee LLP, July 13, 2023
• Judge vs. Jury: Considerations for Medical Malpractice Cases , McCague Borlack LLP, June 29, 2022
• Financial Planner and Advisor Titles: A New Framework is Announced , 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
• HBC Trademark Troubles: A review of the Zellers trademark dispute between HBC and a Quebec retail family , McCague Borlack LLP, November 09, 2021
• All-Inclusive and Without Costs Rule 49 Offers , McCague Borlack LLP, June 29, 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
• Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital , November 24, 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
• 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
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• COVID-19: Taking stock of urgent motions , McCague Borlack LLP, April 15, 2020
• 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
• 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
• 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
• 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
• Court Orders Up to $600,000 Advance Payment in Advance of Personal Injury Med-Mal Trial , December 21, 2017
• HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. , First published in MB Professional Liability News Alert, December 19, 2017
• A Chiropractic Malpractice Case , November 20, 2017
• The Supreme Court of Canada keeps the onus on banks over innocent drawers for fraudulent bills of exchange , November 02, 2017
• Claim Struck and Action Dismissed: Integrity of the Judicial Process Upheld , August 21, 2017
• Auditor Held Liable in Negligence for Non-Clients' Losses - Case Comment: Lavender v. Miller Bernstein , August 10, 2017
• The Oppression Remedy: Greater Risk of Personal Liability for Directors and Officers , July 26, 2017
• The Corporate Veil won't cover Personal Misrepresentations , January 20, 2017
• Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
• Lights, camera, financial transaction , MB Client Newsletter, January 26, 2016
• When all is said and done: Final Releases , First presented at a Client Seminar, December 16, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• Clearing the Path – The Availability of Summary Judgment , First presented at an MB Client Seminar, June 12, 2014
• Executive Officers are Employees: The "Gap" Between Workers' Compensation and General Liability Policies , MB Coverage Article Database, September 12, 2013
• Journalist-Confidential Source Privilege May Exist In Canada , First published Toronto Law Journal in Vol 5, No 7, Summer 2010 , June 01, 2010