James M. Brown
Partner (he/him)
James M. Brown
Partner (he/him)
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Ottawa
- jbrown@mccagueborlack.com
- 613.566.5977
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613.589.3882
-
Bar Admission:
2003
PROFILE
Over the course of his career thus far, James has practiced in the area of civil litigation and has specifically focused on the area of insurance defence. James has experience in claims involving: motor vehicle liability; product liability; occupier’s liability; subrogation, fire loss, and property damage. He has represented clients in various professional liability matters, including claims against insurance brokers, home inspectors, and alternative healthcare providers.
Over the past two decades, James has developed considerable experience in first party insurance claims for accident benefits and disability insurance. James regularly represents insurers on disputes regarding the entitlement and quantum of income replacement benefits; determinations of catastrophic impairment; and claims for bad faith.
James has appeared before administrative tribunals, private arbitrators, the Superior Court of Justice, the Divisional Court, and the Court of Appeal on various trial, appeal, and judicial review matters.
For over 30 years, James has spent his spare time training in various forms of Martial Arts including Karate, Muay Thai, and Brazilian Jiu-Jitsu, and has earned his black belt in Karate. When he is not advocating on behalf of clients, James can often be found training with his teammates.
EXPERTISE
EDUCATION
- Bachelor of Arts (High Honours in Law), Carleton University - 1999
- LL.B, University of Ottawa - 2002
AFFILIATIONS
- Law Society of Ontario
- Ontario Bar Association
- The Canadian Defence Lawyers’ Association
- The Carleton County Law Association
- The Advocates’ Society
FIRM CASES
View All
The Divisional Court rules that all employment insurance benefits are deductible under the SABS
In the recent decision of Aviva Insurance Company of Canada v. Spence, James Brown of McCague Borlack LLP, on behalf of the Appellant, argued successfully in front of the Divisional Court to have a License Appeal Tribunal (LAT) decision overturned. This LAT decision had found that EI sickness benefits (EI benefits) paid under the Employment Insurance Act (EIA) were not deductible from Income Replacement Benefits (IRB) under the Statutory Accident Benefits Schedule (SABS).
No Nonsense LAT — MB at the forefront!
MB successfully argued two of the first accident benefits decisions before the Licencing Appeal Tribunal (“LAT”) that help shed some light on this new process.
In Anne Pollex and Aviva Canada, the applicant was injured in a motor vehicle accident on March 19, 2015. In dispute were outstanding Treatment and Assessment Plans (“OCF-18”) that were denied as a result of the Minor Injury Guideline (“MIG”) and the denial of income replacement benefits (“IRBs”). After a mixed written and teleconference hearing, the Adjudicator ruled in the insurer's favour on both issues.
Simser v. Aviva Canada Inc., 2015 ONSC 2363 (Div. Ct.); (January 9, 2014), FSCO P13-00004 (Blackman); (January 16, 2013), FSCO A11-004610 (Lee)
This case was the first reported decision to address the interpretation of “economic loss” for the requirement that expenses be “incurred” under the SABS-2010. The claimant sought to adduce evidence that his spouse had lost income and his child had missed school in order to provide him with attendant care and housekeeping services.