Canada: Insurance & Reinsurance
The Canadian government has acted cautiously over the past year, ensuring that reinsurers are properly capitalised and aiming to protect Canada’s financial institutions from similar fates seen in Europe and the US. A new wave of demutualisation looks set to transpire with recent calls for demutualisation regulation for property and casualty insurers. Lawyers are prepared for a busy few years if this regulation comes about. On the contentious side, mandatory mediation has had a marked impact on practice and is proving a successful resolution method. In total, 28 lawyers have been selected for their provision of unparalleled legal services.
Stikeman Elliott LLP earns the highest number of listings in this chapter, with four lawyers singled out for their respected skills in the area. Brian Rose is a senior partner with the firm who “is very highly regarded with good reason” according to one interviewee. Stuart Carruthers is “highly regarded” for his expertise in insurance and reinsurance matters including acquisitions and dispositions of insurers and books of business as well as the formation and licensing of insurers and intermediaries. Alan D’Silva is a “distinguished litigator” with experience in the field of insurance. Vincent Prager is a partner in the commercial litigation section and focuses his practice on shipping matters.
Three lawyers are selected for inclusion from Borden Ladner Gervais LLP. Robert Bell is a commercial litigator with defence expertise in mass tort and major losses cases and has appeared before all judicial levels including the Supreme Court of Canada. Keith Batten is known for his “very active” insurance litigation practice. His previous experience includes acting in defence of numerous brokers errors and omissions claims for major insurance brokerages and professional liability insurers as well as acting in defence of coverage claims under property and liability policies. Bruce Churchill-Smith QC is the regional leader of the insurance and tort liability group and has represented numerous property and casualty insurers in addition to litigious cases covering professional liability and coverage disputes.
At Blake Cassels & Graydon LLP both Paul Belanger and Greg Frenette stood out in our research for their non-contentious work for clients. Belanger represents life, property and casualty insurance companies and is “first-rate”, while Frenette has acted for both purchasers and sellers of financial businesses including insurance companies and is “incredibly astute”.
Blaney McMurtry LLP fields two lawyers. Senior partner Crawford Spratt is “well-known” for his insurance industry expertise and has over 25 years’ experience advising life and health, property and casualty insurers and reinsurers in addition to insurance intermediaries. Mark Lichty is a “high calibre” lawyer who is known for his insurance coverage counsel and litigation work.
At Cassels Brock & Blackwell LLP two partners are selected for inclusion. Brian Reeve is consistently “highly nominated” in our research as an “expert lawyer in the field of insurance”. He specialises in regulation and corporate governance of insurance companies and has acted on behalf of Berkshire Hathaway and Westaim Corporation. Gordon Goodman provides corporate and regulatory advice to insurance companies and is “internationally renowned”.
The firm Nicholl Paskell-Mede LLP earns two listings. Mary Margaret Fox is “excellent” and focuses on providing coverage opinions and advice, directors’ and officers’ liability and errors and omissions policies. John Nicholl specialises in liability defence and coverage advice and litigation, he is considered a “strong lawyer” in professional liability, directors’ and officers’ liability, product liability, insurance coverage and class action defence.
Head of the financial institutions group, Blair Keefe at Torys LLP provides counsel to financial institutions on corporate and regulatory issues and her recent work includes advising and assisting the incorporation of insurance companies and advising on the demutualisation of two of Canada’s largest mutual life insurance companies.
William Holburn QC at Alexander Holburn Beaudin & Lang LLP heads the firm’s insurance law and commercial litigation practice groups. A “highly regarded practitioner”, he has acted on behalf of Canadian underwriters as supervisory counsel on litigation conducted in the US and the UK.
Robert McDowell is co-chair of Fasken Martineau DuMoulin LLP’s financial institutions group and he specialises in offering regulatory and corporate advice to life and general insurance companies.
Managing partner of Halfnight & McKinlay, Jamieson Halfnight, is a “prominent figure” in the insurance sector with an “excellent” insurance litigation practice. He regularly appears before all levels of trial and appellate courts, including the Supreme Court of Canada.
Earl Cherniak QC at Lerners LLP is “well versed” in the insurance sector with “extensive experience” in the fields of professional negligence, directors’ and officers’ liability and product liability.
Richard Lindsay QC, a founding partner of Lindsay Kenney LLP, is “well known” for his insurance litigation practice, which has seen him appear before all levels of the trial and appellate courts including the Supreme Court of Canada, he also regularly acts as mediator and arbitrator.
Alan Rudakoff at Macleod Dixon LLP is a “superb litigator” and concentrates on complex commercial claims including product liability, commercial liability, professional negligence as well as serious personal injury and wrongful death.
Based in Toronto, McCarthy Tétrault LLP’s Nancy Carroll is a “high calibre” lawyer with an emphasis on insurance law. Notable representations include acting as counsel on the first demutualisation of a large life insurance company in Canada, the Mutual Life Assurance Company of Canada, now Clarica Life Insurance Company.
Donald McGarvey is an experienced commercial litigator with the firm McLennan Ross LLP. McGarvey compliments his disputes work with vast experience in commercial insurance and was noted as a “leading lawyer” in our research.
Yves Fortier CC QC is chairman emeritus of Norton Rose OR LLP, and is an “internationally renowned” arbitrator and litigator with experience in insurance law.
Singleton Urquhart’s John Singleton QC has acted in several precedent-setting cases involving insurers and is also a chartered arbitrator and mediator.
Steven Stieber, founding partner of Stieber Berlach, is an “eminent insurance lawyer” whose practice covers professional liability, directors and officer’s liability, class action, general liability and property coverage in addition to environmental liability.
Vincent O’Donnell QC at Lavery de Billy LLP has a “long-standing reputation” in the field.