Miller Thomson’s Insurance Defence lawyers are among the most prominent in their field, with experienced litigators in all major jurisdictions across Canada. We handle a variety of insurance litigation matters for numerous insurance carriers and represent our clients in all levels of courts and administrative tribunals across Canada, as well as in arbitration and mediation proceedings around the world.
Our Insurance Defence expertise and experience includes:
Road Maintenance and Design Liability: We represent Ontario’s Ministry of Transportation throughout the province in the defence of road liability claims arising from alleged negligence both in respect of road design and maintenance. We have represented the Ministry for more than 40 years and have great knowledge and depth with respect to all aspects of road liability claims.
Products Liability: Our lawyers regularly represent insurers in the defence of product liability claims. These claims involve damages associated with significant personal injury and property damage. For example, one lawyer is involved in representing an animal feed manufacturer in the defence of a claim seeking a multi-million dollar damage award relating to alleged deficiencies and contamination in a pig feed product. Additionally, our lawyers have been involved in the defence of product liability claims arising from toxic shock.
Construction Claims: Our lawyers have represented insurers in the defence of errors and omissions claims made against architects, engineers and construction contractors. For example, we have been involved in substantial litigation relating to defective condominium apartment buildings allegedly arising from negligence on the part of engineers, architects and contractors. Our lawyers have also been involved in the defence of subsidence claims.
Professional Negligence: Our lawyers regularly represent all areas of professional negligence defence, including architects, engineers, real estate agents, appraisers, brokers, medical professionals and accountants. We specialize in the defence of errors and omissions claims made against professionals of all types. One lawyer is involved in representing a brokerage firm in the defence of a multi-million dollar negligence claim which also involves alleged negligence on the part of a bank connected with the financing of the development of two large pieces of commercial property.
Personal Injury Claims: A prominent area of our insurance practice involves the defence of personal injury claims through tort actions and accident benefits claims. Several of our lawyers were successful in resolving a large and complex conspiracy action involving a number of insurers. The size of our Group enables us to provide service in insurance matters with lawyers who have particular expertise in the area needed. In addition, with the resources of a full service firm behind our group, we are able to draw upon additional expertise when necessary.
- Represented an animal feed manufacturer in the defence of a claim seeking a multi-million dollar damage award relating to alleged deficiencies and contamination in a pig feed product
- Involved in the defence of product liability claims arising from toxic shock
- Involved in substantial litigation relating to defective condominium apartment buildings allegedly arising from negligence by engineers, architects and contractors
- Represented a brokerage firm in the defence of a multimillion dollar negligence claim which also involves alleged negligence on the part of a bank connected with the financing of the development of two large pieces of commercial property
- Were successful in resolving a large and complex conspiracy action involving a number of insurers
Miller Thomson earns top rankings in Chambers Canada 2019
Miller Thomson earned a top “Band 1” ranking for two practice areas in the 2019 Chambers Canada Guide. Our Charities and Not-For-Profit group is regarded as being “leaders in the charitable sector,” and praised for their ability to “help find solutions in complex situations.” Our Agribusiness group...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2019
In the just released 2019 edition of The Best Lawyers in Canada, 144 Miller Thomson lawyers from across the country have been recognized for their expertise in 47 areas of law. This includes 6 lawyers who were awarded “Lawyer of the Year” in...
Joel Belisle has joined the firm as an Associate in the Litigation department of the London office.
View Joel’s biography here. Learn more about Miller Thomson’s London office and our Litigation practice.
Caroline Meyer has joined the firm as an Associate in the Litigation group in Waterloo.
Read Caroline’s biography.
( Available in French only )
Nathalie Durocher est conférencière à l’Association du Barreau canadien
Nathalie Durocher est conférencière lors du déjeuner-causerie intitulé « Réforme de la Loi sur les assureurs et LDPSF : Que devez-vous savoir ? » organisé par l’Association du Barreau canadien. Sujet 20 ans plus tard, les lois québécoises sur l’assurance et l’encadrement des...
Nathalie Durocher is a panelist at the Rendez-vous annuel de l’Autorité des marchés financiers
Nathalie Durocher is a panelist at the conference entitled “Vente d’assurance par Internet: vers quel modèle d’encadrement le régulateur doit-il s’orienter?” Consumers today want to interact with their financial products and services providers at their own convenience, mainly through their...
Pat Forte speaks at Fifth Annual Joint CIAA-CICMA-CDL Seminar
Pat Forte speaks at the Fifth Annual Joint CIAA-CICMA-CDL Seminar on the topic of “WSIB: Auto & Liability”. The seminar takes place in Toronto at the Toronto Street Conference Centre.
( Available in French only )
Mary Delli Quadri est conférencière au Colloque juridique de la CMMTQ
Mary Delli Quadri présentera la conférence « Survol de l’assurance : le rôle et l’importance de l’assurance dans le domaine de la construction » lors de la deuxième édition du Colloque juridique de la Corporation des maîtres mécaniciens en tuyauterie du Québec...
Chris Blom presents at the “14th Annual Update: Person Injury Law and Practice”
Chris Blom presents at the “14th Annual Update: Person Injury Law and Practice” hosted at the Osgoode Professional Development Centre in Toronto on November 7, 2018.
Nawaz Tahir speaks at IncentiveWorks National Convention
Nawaz Tahir will be presenting at the IncentiveWorks National Convention on August 15, taking place at the Metro Toronto Convention Centre. He will be presenting on the topic of Emergency Response Planning and Legal Liability.
Hubert Sibre and Philippe Antoine Couture-Ménard speak at the 2018 Annual Conference of the Young Bar of Montréal
Hubert Sibre and Philippe Antoine Couture-Ménard present “Non-profit Organizations’ Administrators: Are You at Risk?” at the 2018 Annual Conference of the Young Bar of Montréal.
Helen Friedman and Ashleigh Leon speaks on Accident Benefits Case Law Update
Helen D.K. Friedman and Ashleigh Leon will be presenting an accident benefits case law update to the Ontario Mutual Insurance Association at their head office in Cambridge on January 23, 2018.
Helen Friedman presents at the Disability Insurance Claims Litigation: Practical Guide in 2017 & Beyond Webinar
Helen Friedman presents at the Disability Insurance Claims Litigation: Practical Guide in 2017 & Beyond Webinar. A panel of distinguished professionals and thought leaders organized by The Knowledge Group bring the audience to a road beyond the basics of Disability Insurance...
Ashleigh Leon sits on LAT panel at Provincial OIAA Conference in Waterloo
Ashleigh Leon sits on a LAT panel at the Provincial OIAA Conference in Waterloo on May 5.
Miller Thomson 2018 Montréal Construction Law Conference
Featuring: claims, blockchain, quantification of damages, insurance, AMF, tax, cannabis and more! Join us on Tuesday, March 20, 2018 for a daylong conference intended for all construction and real estate sector stakeholders and keep appraised of the most recent developments...
Privilege Over Adjusters Documents & Files
Sandra Hawes and Mark Alexander present Part II of the Insurance Seminar Series. Location: Calgary Petroleum Club Time: 7:30 a.m. – 9:00 a.m.
Privilege Over Adjusters Documents & Files
Sandra Hawes and Mark Alexander present Part II of the Insurance Seminar Series. Location: Delta Edmonton South Time: 7:30 a.m. – 9:00 a.m.
Negligence 101: The ABCDs
Pat Forte conducts seminar for the Ontario Mutual Insurers’ Association Claims School. For more on Pat Forte’s expertise, click here to read her full biography.
Gord Robson and Helen Friedman speak on “Examination for Discovery of an Underwriter,” OMIA seminar
Bodily Injury Update
Gord Robson speaks at an OMIA seminar on the topic “Bodily Injury Update.”
Social Host Liability Redux
Pat Forte and Ted Madison speak at an OMIA seminar on the topic “Social Host Liability Redux.”
Accident Benefits Update
Lori Sprott and Kate Waterston speak at an OMIA seminar on the topic “Accident Benefits Update.”
Occupier’s Liability from an Underwriting Perspective
Pat Forte and Randy Carter speak at an OMIA seminar on the topic “Occupier’s Liability from an Underwriting Perspective.”
Advancing a Subrogated Claim
Tim McGurrin speaks at an OMIA seminar on the topic, “Advancing a Subrogated Claim.”
The Common Law is Sometimes Not So Common — ONCA Releases Contradictory Decisions on Municipal Liability in Nearly Identical Cases
Canada is a common law jurisdiction. The heart of the common law is that like cases are to be treated alike. This fundamental principle of the common law is upheld through the use of appellate courts. A judge of a...
Who can be Present at an Examination for Discovery?
Answering the question of who should be allowed to attend at an examination for discovery involves an exercise in balancing two competing interests: the interest of upholding the privacy of examinations as a pre-trial discovery process relevant to the parties’...
When a Spouse is not a Spouse
The Superior Court has recently had the opportunity to revisit an issue that has not been addressed by the courts in twenty years: whether the Family Law Act definition of “spouse” applies to the Insurance Act definition of “spouse”. For...
Kapoor v. Kuzmanovski: A Debate on the Insurance Paying Juror
Recently, the Ontario Superior Court of Justice in Kapoor v. Kuzmanovski, 2018 ONSC 4770 (CanLII) determined the issue of whether individuals who drive and pay automobile insurance premiums can be excluded as potential jurors in cases arising out of motor...
Juries Behaving Badly
Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror’s duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based on the case presented...
Nemchin v. Green: The Deduction of Collateral Benefits at Trial
The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income. The plaintiff did not seek an award of past...
Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?
General Legal Principles Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears that the...
Artificial Intelligence Revolution and the Insurance Industry
The information revolution has had an undeniable impact on society, as did the industrial revolution before it. Now artificial intelligence is poised to be the next revolution that will have an immense impact on our society from our personal lives...
“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation
In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...
Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.
Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against...
Ontario Licence Appeal Tribunal rules that active/passive income is not an IRB consideration
Counsel to Economical Mutual Insurance Company
Financial Services Commission of Ontario issues important decision regarding post-accident income deductions for self-employed insureds
Counsel to Perth Insurance Company
FSCO arbitrator decides neuropsychological assessment is one assessment not two
Counsel to Co-operators General Insurance Company