Subrogation

CLC lawyers have an in-depth knowledge of insurance with broad and varied advocacy experience that places CLC at the forefront of Canadian law firms.

Members of the Subrogation Practice Group litigate claims in contract, tort and equity, and provide clients with professional and aggressive representation focused on timely and cost effective subrogated recovery.

Working closely with insureds and professionals in the adjusting, engineering, construction, environmental, banking, technology, accounting and management communities, Practice Group members are able to formulate innovative strategies that utilize the skills and expertise required to achieve consistent success.

All-Lines Recovery Capability

The individual lawyers and firms of the CLC Subrogation Practice Group have the experience, capability and tenacity to pursue subrogated recovery arising out of a wide array of insurance coverages, including:

• first party property
• crime and fidelity
• marine
• guarantee and surety
• specialty lines

Subrogation Practice Group members also pursue rights of equitable subrogation against other insurers in the context of concurrent and overlapping coverage, as well as

• primary and excess relationships.
• on-site and at-the-scene attendance, where appropriate, to preserve evidence and control investigation
• retention of and close collaboration with experts
• effective liaison with extra-provincial and international lawyers, and legal and regulatory authorities
• implementation and utilization of state-of-the-art technology
• cost effective utilization of legal resources
• adoption of appropriate alternative dispute resolution options

Comprehensive Service

The Subrogation Practice Group understands the value of time and money, and the importance of expeditious resolution. This requires early identification and analysis of potential subrogation targets, the effective collection of evidence, and the implementation and pursuit of appropriate recovery strategies. The lawyers and their firms provide the following services to ensure these goals are achieved:

Flexible Funding Arrangements

Working together with clients, lawyers in CLC's independent affiliated law firms develop an d implement funding arrangements appropriate to the size and complexity of the case and needs of the client. As well, members of the SubrogationPractice Group are skilled in the negotiation and drafting of joint-loss pursuit and pro-rata recovery agreements.

Publications

• Strategies for Proactively Advancing a Subrogated Claim , August 31, 2022
• Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 , McCague Borlack LLP, February 03, 2022
• 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
• Can a condominium corporation seek recovery of subrogated interests from a unit owner? , McCague Borlack LLP, June 09, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• An Earthquake in the World of Personal Injury: Supreme Court of Canada Case Study: McIver v McIntyre , February 14, 2019
• Subrogating Claims in the Construction Context: They Do Exist , September 08, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Cloudy with a Chance of Money: Overcoming Obstacles in Subrogated Claims , March 21, 2018
• Duty to Mitigate , March 21, 2018
• Immunities and Exploits: Considerations for Subrogation as against Municipal or Regional Governments , March 21, 2018
• Subrogation: Recommendations for Early Investigation , First presented at an MB Client Seminar, July 10, 2017
• Making Use of Unusual Torts in Subrogation , First presented at an MB Client Seminar, July 10, 2017
• The timing of mandatory mediations in Toronto has changed , First published in MB Client Newsletter, May 23, 2017
• Subrogation and Assessment of Claims , First presented at a Client Subrogation Seminar., October 07, 2016
• Spoliation 101 , First presented at a Client Subrogation Seminar., October 05, 2016
• Mitigation: Loss Control & Failure to Prevent , First presented at a Client Subrogation Seminar., October 03, 2016
• Condominium Corporation Issues: The President's View , First presented at a Client Seminar, December 16, 2015
• Spreading Fires: Issues that Arise When Fires Originate at a Neighbour's House , First presented at a Client Seminar, December 16, 2015
• When all is said and done: Final Releases , First presented at a Client Seminar, December 16, 2015
• Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties , First presented at a Client Seminar, December 16, 2015
• Liability Limits in Subrogation , First presented at MB's Transportation Seminar, December 11, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• Abstract of Subrogation: Carriage and Control of the Action and Independent Settlement of the Subrogated Claim , Reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited., July 31, 2014
• The Effect of a Settlement on a Subrogated Action , March 04, 2014
• Cost Effective Resolution of Low Value Claims , February 06, 2014
• Court clears up claims confusion , First published in the Insurance Business of Canada Magazine. October 2013 issue, February 05, 2014
• Recent Court Decisions: Kruger Products Limited v. First Choice Logistics Inc. et al. , McCague Borlack Subrogation News Alert, November 27, 2013
• Appropriate Limitation Periods Clarified for All-Risk Business Insurance Policy , MB Insurance Coverage News Alert, August 07, 2013
• Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts , Published in McCague Borlack's Subrogation Newsletter, January 01, 2009