CLE Online

Introduction

Recent Judicial Focus on the Scope and Use of Expert Testimony

• limits on counsel in retaining and instructing experts for litigation purposes
• assessing your experts and their duties
• dealing with “bias” and exploring its judicial definition and application in practice

The Honourable Mr. Justice Patrice Abrioux — Supreme Court of BC, Vancouver
Dennis C. Quinlan, QC — QA Law, Vancouver

Getting a LEG up: Recent Developments with the Faulty Design and Workmanship Exclusion

• current developments in the interpretation and application of the exclusion
• Ledcor v. Northbridge Insurance et al (Alberta)
• PCL Constructors v. Allianz Global Risks et al (Ontario)
• Acciona v. Allianz Global Risks et al (British Columbia)

Greg J. Tucker — Owen Bird Law Corporation, Vancouver

Networking Break

Best “Frenemies” Forever: Exploring the Complex Relationship between Primary and Excess Insurers

• issues that arise between primary and excess insurers
• defining what is primary and what is excess
• the duty and right to defend
• how to avoid a subrogated bad faith claim

Sandra L. Kovacs — Lindsay LLP, Vancouver

Leaps of Faith and Bounds of Logic: Understanding the Science Behind Civil Litigation Outcomes

• what neuroscience and psychology are teaching us about decision making
• decisions in court and in settlement negotiations
• judges and lawyers don’t know how their cases are being decided
• differences between judges and juries
• the intuitive override model of judicial decision making
• subconscious persuasion: uses and abuses

Professor Craig E. Jones, QC — Thompson Rivers University, Kamloops

Networking Lunch

Future Risks/Future Wordings: Commercial Liability and Property Insurance in the Next Decade

• overview of issues and trends that may impact underwriters, claims personnel, and legal advisors
• globalization of risk and the impact on Canadian policies
• globalization and cyber risks—what is happening locally and internationally
• global weather—global supply chains and contingent property coverage

Mark G. Lichty — Blaney McMurtry LLP, Toronto

Problems and Pitfalls in Representing an Insurer in Coverage Claims

• nature and extent of document discovery in the electronic world
• oral discovery limits and restrictions
• use of secondary materials and expert evidence to prove “intent”

Todd Davies — Alexander Holburn Beaudin + Lang LLP, Vancouver

Networking Break

Insurance Practice Panel

• what do insurers want from their counsel in the future?
• what can counsel provide insurers in the future?
• will the future expectations be workable and compatible?

Moderator: Richard B. Lindsay, QC — Lindsay LLP, Vancouver
Peter Aumonier — Senior VP Claims, Northbridge Financial Corporation, Toronto
Shelley Braun — Intact Insurance Company, Vancouver
Mark G. Lichty — Blaney McMurtry LLP, Toronto