McCague Borlack LLP: Global Litigation Law Firm

Ontario Court of Appeal Decision - Sanofi Pasteur Limited v. UPS SCS, Inc. 2015 ONCA 88

Hillel David, the senior appellate lawyer at McCague Borlack LLP, was one of several counsel responding to the appeal by the plaintiff in Sanofi Pasteur Limited v UPS SCS, Inc. 2015 ONCA 88. The major issues on the appeal were the effect of an insurance covenant in a contract made between the plaintiff and one of the defendants (UPS) in a significant claim involving damage to vaccines stored in a temperature-controlled environment, and whether the defendants other than UPS, including Hilly's client, were entitled to take the benefit of the insurance covenant.

The Court of Appeal held both that...

2015-02-11

Implied Conditions in Rental Agreements: Szilvasy and Collett claims against Reliance Home Comfort

McCague Borlack LLP lawyers Mark Mason and Hillel David were Counsel in The Court of Appeal when the claims against Reliance Home Comfort for damages arising from leaking hot water tanks were heard on October 23rd 2012. Decisions were released on November 27th 2012. These claims are amongst the very few that have travelled from Small Claims Court all the way to the Ontario Court of Appeal.

2012-11-30

Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort

On December 7, 2011, the Ontario Divisional Court released its decision in two appeals that both involved property damage caused by the failure of leased hot water tanks. In each case the hot water tank, located in the homeowner's basement, developed a leak which resulted in damage to the home and contents.

The appeals raised a number of issues relating to implied warranties in lease agreements, the application of the Consumer Protection Act, the time period during which the implied warranties were operative, the time period during which the product was defective, the differences between sale and lease agreements, and the duty to warn. While most of those issues were not dealt with, the decision nevertheless is one of considerable importance, not just because there are literally hundreds (perhaps thousands) of similar claims that awaited the outcome, but more importantly because of the confirmation of the principle that implied warranties applicable to a leased product apply not only at the outset of the term of the lease but throughout that term. Read the full case summary... | Read The Toronto Star article coverage... | Read Canadian Underwriters coverage... | Read the court decision...

2011-12-07

Zurich Ins. / Chartis Ins. and Ison T.H. Auto Sales Inc.

The Ontario Court of Appeal recently released this important decision on the position of an insurer whose subrogated claim is combined, as it must be, with the insured's uninsured loss claim in a single action.

The decision on appeal affirmed the decision made by Strathy J. on an application made by insurers seeking carriage and control of an action that had been commenced by the insured, in which both the uninsured loss and subrogated claims were advanced. The underlying action arose out of a fire and explosion as a result of which numerous new cars belonging to the insured, an automobile dealer, were damaged. The insurer paid out the net sum (after credit for salvage recovery) of $1.1 million to the insured under the first party property loss coverage in the policy. The uninsured loss claim was in the amount of $700,000, representing alleged loss of profit and goodwill that was excluded under the policy. Read the full case summary... | Read the court decision

2011-10-18

Firm Cases

FIRM CASES