Canada’s Specialty Insurance Firm

Sports and Recreational Liability

DWF has a long history of defending sports teams and recreational facilities and providers in respect of personal injuries arising from defects with the recreational equipment or facility or the “overly energetic” actions of the other participants. DWF has had significant success in defeating such actions on the basis of waivers or the claimant’s deemed acceptance of the risk.

In 2017, Lorne Folick, Michael Libby, and Paul Dawson co-authored a textbook entitled Sports and Recreation Liability Law in Canada.

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Property Specialty

DWF has significant experience acting for defendants in property damage related claims with a particular emphasis on fire losses, construction deficiencies, and flood claims.
In addition, DWF has extensive expertise prosecuting subrogated losses for numerous property related claims involving electrical failures, chimney fires, spontaneous combustion, candle fires, lighting, and arson. These losses often involve severe property damage and business interruption. DWF has also successfully advised and litigated for a number of insurers on complex coverage disputes.

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Policy Wording and Risk Management

DWF has been retained by a wide range of property, liability, E&O, D&O and EPL insurers to partner with them in developing wordings suitable for use in Canada.

In the areas of property policies DWF has advised domestic Canadian insurers on the suitability of warranty language, clarifying exclusionary language and refinements in policy wording given unique Canadian liability exposures that dictate a modified wording. DWF has been involved in crafting wordings for unique underwriting problems as diverse as potential problems stemming from “grow ops” to restrictions in coverage for Canadian securities claims in the context of D&O claims.

For the past five years DWF has become extensively involved in policy wordings for E&O, EPL and D&O insurers, the latter both in the “for profit” and “non profit” markets. This includes the adaptation of U.S. and UK policy wordings for modification and use in Canada, adapting policy exclusions in view of substantive differences in comparable Canadian law, dealing with suitable forms for entity coverage, allocation and expanded coverage for employment practices liability. DWF has developed complete policy wordings and substantially modified existing forms for over a half dozen leading D&O insurers. In addition, DWF has been retained to modify unique endorsements for truly facultative risks that pose unique risk management issues.

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Medical Malpractice

DWF has defended a broad spectrum of medical malpractice claims against providers of medical services and procedures, which include services performed by non-physician health care professionals such as dentists, medi-spa practitioners, and naturopaths. DWF has also served as counsel at disciplinary proceedings of health professionals, and have acted for a large Canadian insurer of manufacturers of medical appliances giving rise to liability claims. DWF has produced publications on medical malpractice claims in different health care contexts, and is regularly called upon to give risk management seminars on key principles of medical malpractice such as standard of care and informed consent.

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Legal Expense Coverage

DWF offers legal defence services, including a bilingual 1-800 telephone legal advice line, to insureds. DWF understands that individuals may face a variety of legal risks on a daily basis, from employment and disciplinary matters, to contractual disputes and debt recovery issues. By proactively providing insureds with general legal advice in a timely manner, DWF helps empower insured to defend or pursue their legal rights.

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Employment Practice Liability

With the emergence of EPL policies as a “stand alone” wording, DWF has been consulted by over a half dozen national and foreign-based insurers to develop “made in Canada” EPL wording suitable for the reality of Canadian legal exposures as opposed to comparable developments in Great Britain and Canada.

In the “duty to defend” area, DWF has been called upon by EPL insurers to deal with a wide range of discrimination, sexual abuse and wrongful dismissal cases to defend both the insured entity, senior management and employees. DWF operates “1-800” 24 hour call lines for the benefit of insureds to avoid having employment-related problems result in actual claims.

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Latest news

Successful Defence of a Naturopathic Physician

January 23, 2018

Aneka Jiwaji, an associate in our Vancouver office, was recently […]

DWF Announces New Partners

January 2, 2018

We are pleased to announce that effective January 1, 2018, […]

Winter Newsletter

December 13, 2017

We are pleased to present our Winter 2017 newsletter, which […]