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:

LIQUOR/COMMERCIAL HOST

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

SPORTS AND RECREATION

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

PROFESSIONAL NEGLIGENCE

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

COVERAGE

Providing coverage opinions under all types of insurance policies including CGL, Errors and Omissions, Employment Practices Liability, Builders’ Risk/Course of Construction, Wrap-Up, Personal Lines, Motor Vehicle, and specialized Property policies. Matt has successfully litigated coverage disputes in favour of insurers.

SECURITY

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.

AUTO/TRANSPORTATION

Defending a large variety of complex lawsuits involving multi-vehicle collisions, catastrophic personal injuries, fatalities and fraud/staged accidents.

MEDICAL/PARAMEDICAL

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

CONSTRUCTION

Acting as defence counsel for architects, engineers, subtrades, designers, building inspectors and municipalities in a variety of construction-related claims, both property and liability.

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

From January 2018 to April 2018 Matt will be seconded with a major London market underwriting firm, providing support and claims handling services to the claims team.

RECENT PUBLICATIONS

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

Off-premises Liquor Liability: Overview, 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

Additional insured and duty to defend: new case law developments – Presentation to a major Ontario insurance adjusting firm – November 2017

Reefer Madness: The underwriting and claims implications of illegal and licensed marijuana grow ops for property and liability insurers – Presentation to several firm clients, fall 2016

Comparative fault legislation and costs and disbursements across Canada – Presentation to firm client, spring 2016

How the employment practices liability policy responds to workplace violations – Presentation at firm seminar, spring 2016

Use of summary judgment motion and summary trials in Canada – Presentation to London market client, 2014

Liquor liability across Canada – Presentation to several firm clients, 2013 – 2017

MEDIA

In December 2013 Matt appeared on 12 CBC Radio programs nationwide to discuss liquor liability and occupiers’ liability for holiday parties.

Matthew Miller's practice areas include:

 

Complex Personal Injury

Occupiers’ Liability

Property Damage

Products Liability

Liquor Liability

Subrogation

Coverage

Professional Liability

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