Risk Management Services

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OVERVIEW

The selection and implementation of a strategy to control risk is vitally important in this age of corporate scrutiny. The adoption of a particular strategy should involve careful consideration of all the relevant information obtained from a broad, multi-disciplinary risk assessment. The difficult process of balancing between risks with a high probability of occurrence but lower loss versus risks with high loss but a lower probability of occurrence can often be mishandled. Our lawyers will help you avoid these pitfalls.

As part of its Risk Management Services, McCague Borlack LLP offers our clients crisis communication planning through our unique Strategic Messaging And Response Training (S.M.A.R.T.TM) Service. Through our S.M.A.R.T.TM one-on-one training or group sessions, our clients develop comprehensive communication plans, which are to be implemented in the event of a crisis. We assist you in developing the necessary organizational framework of a Crisis Management Team, determining who the spokespeople will be, developing the key messages to employees, shareholders, stake holders, and the public at large, and training the spokespeople to deliver these messages.

S.M.A.R.T.TM Service prepares companies with the advice they need, no matter where along the corporate thread the crisis may occur. From the potential liability of directors and officers in the boardroom to allegations of product liability, through our S.M.A.R.T.TM Service, our clients are always prepared.

SERVICES

Our lawyers are experienced in analyzing risk exposures and formulating appropriate procedures for handling them. Our Risk Management Services Group can deliver the following:

  • identification of risk
  • assessment of risk
  • review of appropriate procedures
  • formulation of strategy
  • risk avoidance, reduction, retention, and transfer
  • creation of a full risk management plan
  • implementation of plan, including training and education
  • review and evaluation of procedures
  • drafting and review of contracts and insurance policy wordings 

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Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A privacy thumb original Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations

The Personal Information Protection and Electronic Documents Act (PIPEDA) can apply to not-for-profits. PIPEDA applies to organizations that collect, use or disclose personal information in the course of commercial activities. While commercial activities may seem to be a blanket statement indicating that PIPEDA applies only to for-profit corporations, the relevant authorities suggest otherwise.

A jury original Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904

In Ontario, there is a well-established practice of asking jurors to provide reasons for their verdicts. The jury is not absolutely required to provide this information. There is a presumption of integrity regarding general verdicts; simply because the jury did not explain its verdict is not a ground for appeal.

The exception to this presumption arises in professional negligence cases...