Insurance Defence Litigation

Our Firm has a distinguished history in insurance defence litigation. Our relationships are enduring for good reason.

We represent our clients in an efficient, cost effective, and professional manner. We are skilled, versatile, creative leaders in the industry who take cases to judgment.

Every lawyer at our firm defends jury and non-jury tort claims arising out of motor vehicle accidents. We are retained to defend insureds including claims over policy limits, and insurers in underinsured, uninsured, unidentified, Family Protection and Statutory Third Party contexts.

Our lawyers are experienced in defending negligence actions and property damage claims under home owner and other insurance policies for damages arising out of slip and falls, dog bites, fires, water, and defective product and maintenance. We also focus on claim recovery through subrogated actions.

Some of our recent advocacy has resulted in decisions concerning deductibility ofcollateral benefits and the issue of costs following a trial (Rochon v. Macdonald, SCJ, 2014), coverage (Bawden v. Wawanesa, CA, 2013), plaintiff mistrials based on opening address (Hoang v. Vicentini, SCJ, 2013), an insurer’s right to indemnity under a policy breach (Economical v. Montgomery, SCJ, 2013), the definitive Limitations Act ruling (Joseph v. Paramount Canada’s Wonderland, CA, 2008), the right to trial by jury in the Charter context (Legroulx v. Pitre, leave to appeal to the SCC refused April 15, 2010), the interplay between deductibility of collateral benefits and a Rule 49 offer (Moore v. Cote, SCJ, 2008), and an important evidentiary ruling on experts (Igbokwe v. Price, SCJ, 2003).

Valid discourse on jury trials concerns judicial economy and their purpose. Length of jury trials is related to evidence that is not probative. Jury trials tell us what Canadians think. Disagreement about the result is not a valid criticism of a jury and does not mean their decision is wrong.  Please click here to read “The jury trial: our fellow citizens as our partners in the administration of justice” authored by Todd J. McCarthy and J.-C. Rioux.