General Casualty & Special Risks
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OVERVIEW
The firm’s largest and most active practice group is an experienced team of professionals who provide a full range of litigation and advisory services in all lines of general casualty and special risks. We regularly act for primary insurers, excess and umbrella insurers, insurance pools, liability programs, and for insurers, with substantial self-insured retentions and deductibles.
We have extensive experience in appearing at all levels of courts in these matters, and with the large number of lawyers involved in the group, there is always a lawyer available with the right experience to efficiently and effectively handle any form of general liability or special risk matter. In addition, our 24/7 emergency call centre is available in the event of a catastrophic loss or for general legal advice at all times.
SERVICES
We provide:
1. Coverage
Complete coverage advice is provided on a broad range of liability policy wordings and endorsements, including comprehensive general liability policy wordings and special policy wordings intended to provide coverage for all forms of general casualty and special risk lines of business.
2. Liability Defence
Practice group members have extensive experience in a broad range of general casualty and special risk claims, including the following:
- Abuse liability
- agricultural liability
- amusement park liability
- ecclesiastical exposures
- elevator liability
- equine/equestrian liability
- exporters/importers liability
- fitness club liability
- food and beverage liability
- garage liability
- government liability
- heavy equipment and machinery liability
- home inspector liability
- life sciences liability
- liquor liability (commercial host/social host/tavern)
- logging and lumberjack liability
- maintenance contractor liability
- malicious prosecution
- media liability
- occupier’s liability
- park liability
- patient care liability
- police services liability
- recreation facility/campground liability
- retail sales (retailer) liability
- school board liability
- security guard liability
- ski hill and resort liability
- sports liability
- trailer park liability
3. Risk Management
The most efficient method of limiting liability is through effective risk management techniques and strategies. Our group of highly trained lawyers provide a complete range of risk management advice on methods of limiting liability exposure including:
- establishment of appropriate protocols and procedures
- drafting and interpreting bills of lading, lease agreements and other contractually related documentation
- development of manuals and handbooks
- training of employees
- utilization of incident reports and special contractual provisions designed to restrict liability exposure
- development of privacy legislation procedures and protocols
- co-ordinating claims between insurer and insureds where there is a significant deductible or self-insured retention
- advising on claims that are in excess of policy limits
CHAIR(S)
MEMBER(S)
FIRM CASES
PUBLICATIONS
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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.
Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp.
Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto
In Ali v. City of Toronto, Master M.P. McGraw ruled on plaintiff's motion for leave to amend their statement of claim to add a party as a defendant to the action. Master McGraw denied this motion on the basis that the winter maintenance contractor the plaintiff wished to add was immediately discoverable and as such it was beyond the limitation period to add the party.