Areas Of Practice

  • 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.

    Regulatory and Administrative Liability

    DWF has a wealth of experience representing clients in regulatory and administrative matters. DWF’s lawyers advise a broad variety of professionals, including teachers, financial advisors, physicians and veterinarians, in disciplinary hearings and investigations before their respective regulatory bodies. DWF has worked with individuals, employers and corporations defending human rights matters before tribunals and commissions across Canada and has successfully challenged tribunal and administrative decisions through judicial review. DWF also defends clients with respect to Provincial Offences, liquor licensing issues and by-law infractions in provincial and municipal matters.

    Professional Liability

    DWF is regularly retained by errors and omissions insurers to defend a wide range of professionals. Historically, DWF has acted for classes of professionals including architects, engineers, accountants, actuaries, insurance brokers, mortgage brokers, and private health care professionals including dentists and surgical eye care clinics. As the number of occupations requiring E&O coverage expands (as per the 2006 IBC CGL “professional liability exclusion”) so does the range of professionals DWF defends.

    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.

    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.

    Hospitality – Liquor Liability, Social and Commercial Host Liability

    DWF is particularly well-regarded in the field of liquor liability defence. DWF currently acts for several insurers who provide coverage on a program basis for bars, pubs, and restaurants. Particular expertise is available in the area of commercial liquor liability, as well as social host and “employer” host liability. DWF regularly publishes and speaks on this subject and DWF’s experience in this area allows it to take advantage of the standard of care distinctions between various classes of establishment.

    In 2010, Lorne Folick, Michael Libby, and Paul Dawson co-authored a textbook entitled Liquor and Host Liability Law in Canada.

    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.

    Class Action Defence

    Class action and representative action lawsuits are increasingly common in Canadian courts. The staggering damage awards such actions create present a risk that insurers should only trust to professionals with experience in this area.
    DWF has defended a broad range of commercial insureds and senior management in the context of class actions concerning product failures, professional negligence and directors’ and officers’ claims. Since DWF’s practice is confined to the insurance industry, it does not act on behalf of corporate commercial class action claimants and thereby avoids the business and legal conflicts that can often arise.

    In class action proceedings a reliable opinion on coverage is a necessity. DWF regularly opines on class claims arising from D&O liability and products liability, giving insurers an assessment of the “covered” loss and quantum of damages. DWF has also acted as the insurer’s counsel in negotiated resolutions of class actions.

    Liquor Liability

    Our firm is particularly well-regarded in the field of liquor […]

    Cyber Liability

    Dolden Wallace Folick LLP is a leader in the areas of computer network security and personal data breach litigation and related insurance issues. The firm has been a pioneer in developing “made in Canada”…

    Personal Injury

    Personal injury can happen at any time. We defend personal […]

  • Subrogation

    Subrogation litigation is an essential element of insurance claims management. DWF’s team of lawyers is experienced and qualified to pursue recovery from other insured and non-insured entities to the benefit of its clients. DWF’s cost effective approach to subrogation and settlement maximizes the ultimate recovery to its insured clients.

    Product Liability

    Insurers are often confronted with claims against manufacturers of products that enter the stream of commerce in Canada. DWF’s lawyers act for domestic and international insurers and “self insured” product manufacturers. DWF has extensive experience defending manufacturers of asbestos, recreational equipment, medical and dental equipment and implants. In addition, DWF has undertaken seminars for U.S. insurers to familiarize those U.S. insurers with products liability law in Canada.

    Municipal Liability

    Municipalities are an easily identified target of personal injury actions but DWF’s professionals are experienced at asserting the full range of statutory and common law defences available to such entities. Along with the unique limitation defences available to municipalities, DWF is also experienced in addressing the specific standard of care issues unique to government actors including the “operational vs. policy” arguments that are often key to a successful defence. DWF has extensive experience defending municipalities in such varied areas as road and sidewalk maintenance, building permit issuance and inspection, road design and claims related to parks and recreational areas.

    Construction

    DWF has defended a wide variety of construction site participants including general contractors, sub-contractors, material suppliers and related service providers, including construction site security firms and semi-professionals.

    DWF has acted for all participants in the construction pyramid not only in the context of the traditional construction matrix, but as well on “design build” projects and owner managed projects. It has been involved in litigation concerning complex contractual disputes and related limitation period issues. DWF has worked extensively with industry experts and have demonstrated expertise in defending contractors when the issue is the adequacy and timeliness of the work. In addition, we have defended construction suppliers in disputes that entail the use and suitability of “proprietary” techniques or products that may give rise to loss or damage following completion.

We're here to Help

Work With Us

Named One of Canada's Top Insurance Defence Litigation Boutiques by Canadian Lawyer magazine