Matthew Miller

Matthew Miller

Matt is a well-rounded insurance lawyer with considerable experience providing legal services to a variety of domestic and international insurers, including many London market clients. He provides services in the areas of both defence and coverage and tailors a unique solution to every challenge.

Matt’s representative work includes:

COMMERCIAL GENERAL LIABILITY

Acting as defence counsel for pubs, restaurants, bars and nightclubs in lawsuits involving over-service, assault, auto accidents and occupiers’ liability. Matt has presented many times on the firm’s Liquor and Host Liability Law textbook.

Defending a variety of sports and recreation leagues including amateur hockey, softball, Frisbee, golf, soccer and motorized sports. Defending claims involving injuries to participants, spectators and the general public. Matt regularly presents to both domestic and London market clients on the firm’s Sports and Recreation Liability Law textbook.

Defending municipalities in a variety of claims arising from catastrophic personal injury and property damage.

Acting as defence counsel to a variety of large and small private security firms across Ontario. Defending claims involving forcible ejection, assault, intoxication and occupiers’ liability.

Defending complex first party auto lawsuits involving multi-vehicle collisions, catastrophic personal injuries, fatalities and fraud/staged accidents.

Defending spa clinics, acupuncturists, massage therapists, alternative medicine practitioners and fertility clinics in a variety of liability claims.

Acting for architects, engineers, contractors, designers, building inspectors and municipalities in a variety of construction-related claims.

PROFESSIONAL NEGLIGENCE

Defending a wide variety of professionals in errors & omissions litigation. Defending architects, engineers, cyber/IT professionals, lawyers, accountants, construction trades, home inspectors and insurance brokers.

COVERAGE

Providing coverage opinions for commercial general liability, errors and omissions, employment practices liability, builders’ risk/course of construction, wrap-up, motor vehicle, and specialized property policies. Matt has successfully litigated coverage disputes in favour of insurers.

CANNABIS

Advising domestic and London market insurers and insureds on the implications of cannabis legalization in Canada. Providing advice on the state of the law and the future of the cannabis industry nationwide. Reviewing and revising policy wordings to ensure that insurers and insureds are covered adequately. Acting as defence and coverage counsel for cannabis-related claims.

REPORTED DECISIONS

Collins and Hanson v. Xytex Corporation, et al., 2017 ONSC 3341

Successful summary judgment motion on behalf of the firm’s client, a multinational medical facility. This motion involved consolidating evidence from both Canada and the United States in a complex multi-jurisdictional dispute. Matt’s clients were fully successful and the action was dismissed against them with costs.

SECONDMENT

In 2018, Matt was seconded to the claims department of a major London UK managing general agency.

RECENT PUBLICATIONS

Coverage Upheld Where No ROR or Non-Waiver Agreement, Dolden Wallace Folick LLP Newsletter, September 2019

Sudden and Unexpected: A road map to defending “failure to prevent” assault cases, Dolden Wallace Folick LLP Newsletter, December 2017

Off-premises Liquor Liability, Thomson Reuters, 2015

Relevant, but producible? Production of the adjuster’s file in the litigation process (October 2013)

In Finnigan’s Wake: Transferring fault to a commercial host for a patron’s poor decisions (July 2013)

SPEAKING ENGAGEMENTS

Matt regularly presents to claims adjusters, underwriters, brokers, executives and industry bodies on all aspects of insurance law in Canada.

Matthew Miller's practice areas include:

 

Complex Personal Injury

Occupiers’ Liability

Property Damage

Liquor Liability

Cannabis

Commercial General Liability

Construction

Coverage

Employment Practice Liability

Excess and Cross Border Auto

Hospitality – Liquor Liability, Social and Commercial Host Liability

Municipal Liability

Product Liability

Professional Liability

Property Specialty

Sports and Recreational Liability

Subrogation

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