CHRISTOPHER ROBERT DUNN B.A. (Hons.), L.L.B.

Transcription

1 EMPLOYMENT CHRISTOPHER ROBERT DUNN B.A. (Hons.), L.L.B. 224 CAMERON AVE. TORONTO, ON M2N 1E7 (416) mobile (416) DUTTON BROCK, LLP 438 University Ave, Suite 1700, Toronto, Ontario M5G 2L Summer Student Associate 2004 present Partner - Act as defence and coverage counsel for Canadian and international insurers, risk managers, brokers and adjusting firms - Practice centers on providing risk management and insurance coverage advice - Have appeared before all levels of court in Ontario and British Columbia - Have consulted for and acted on matters involving auto, homeowners, directors and officers, commercial general liability, surety, boiler and machinery, marine, guarantee and indemnity, fidelity and financial institutions insurance policies - Dispute resolution methods employed have included litigation, arbitration, mediation and appraisal - Consulting practice includes creation and presentation of tort, coverage and risk management seminars - Established and presently manage national litigation and risk management program for leading international brand (value of brand exceeds $1 billion), including all aspects of media relations for litigation issues across Canada - called to the bar in Ontario and British Columbia 1995 to 1997 KILLAM, WHITELAW AND TWINING Granville St., Vancouver, British Columbia, V6C 1S4 Articled Student Associate - Completed bar course articled student requirement and acted as counsel for a firm specializing in insurance defence and insurance coverage matters - Appeared before all levels of court in British Columbia - Consulted and acted as counsel on matters involving auto, homeowners, directors and officers, commercial general liability,

2 surety, boiler and machinery, marine, guarantee and indemnity and fidelity insurance policies 1994 CASSELS, BROCK AND BLACKWELL King St. W, Toronto, Ontario, M5H 3C2 Summer Student Insurance Defence Group EDUCATION - Researched and co-authored leading Canadian legal reference text (sections on auto insurance and insurance contract law) May, 1998 May, 1996 LAW SOCIETY OF UPPER CANADA Admitted to the Ontario Bar LAW SOCIETY OF BRITISH COLUMBIA Admitted to the British Columbia Bar 1992 to 1995 DALHOUSIE UNIVERSITY LAW SCHOOL Bachelor of Laws (L.L.B.) Major in civil litigation 1988 to 1992 RICHARD IVEY SCHOOL OF BUSINESS AT THE UNIVERSITY OF WESTERN ONTARIO Honours degree in Business Administration and Management (HBA) Major in marketing management Dean s Honour List (Top 10% standing)

3 SCHOLARSHIPS AND AWARDS 1992, 1993 LANG, MICHENER, LAWRENCE AND SHAW PRIZE Awarded to first year Dalhousie University Law School student on the basis of superior academic performance 1992 DEAN S HONOUR LIST Awarded to students with top 10% standing in the Honours Business Administration program at the Richard Ivey School of Business, University of Western Ontario 1991, 1992 EVALD TOROKVEI FOUNDATION SCHOLARSHIP Awarded annually to a student in the Honours Business Administration program at the Richard Ivey School of Business, University of Western Ontario with top quartile standing and a record of extra-curricular and community achievement 1988 to 1991 UNIVERSITY OF WESTERN ONTARIO ENTRANCE SCHOLARSHIPS (3) Honours Business Administration program entrance award University of Western Ontario Senate Scholarship PAPERS AND ARTICLES 1995 Insurance Law Section, Ontario and Western Edition Co-author Canadian Encyclopedic Digest 1999 Ontario Consumer Protection Legislation 2001 Lost Policy Found Canadian Defence Lawyer s Journal - Paper was cited as a leading commentary on the subject by Marcus Snowden and Mark Lichty in their text, The Annotated Commercial General Liability Policy 2001 Canada s Supreme Court Tribunal Council s View on the Duty to Defend 2002 Should You Subrogate For Property Loss

4 2003 Creature From The Black Lagoon, First Party and Third Party Mould Liability Claims 2004 An Update on the Pollution Liability Exclusion and Liability for Toxic Mould Claims and Other Naturally Occurring Substances The Canadian Institute s Annual Insurance Coverage Disputes Seminar 2004 The First Time Ever I Saw Your Claim, A Guide to Initial File Handling and Coverage Issues 2005 You Build A Billion Dollar Empire By Staying On Top of Your Game: Recent Developments Respecting CGL Policies and the Duty to Defend 2005 The Insurance Bureau of Canada s Proposed Changes to the Form 2100 Commercial General Liability Policy A Commentary The Canadian Institute s Annual Insurance Coverage Disputes Seminar 2005 It Ain t Over Til It s Over The Ontario Court of Appeal s Dramatic Reversal in the Total Loss Salvage Cases Canadian Underwriter, July, 2005 edition 2005 Primary and Excess Insurance Coverage and the Duty to Defend Ontario Bar Association Hot topics in Motor Vehicle Insurance 2006 Top 10 Coverage Cases from 2005 That Insurers Ought to Know 2006 Toward Personal Responsibility Supreme Court Shuts the Door But Not Entirely On Social Host Responsibility Canadian Underwriter, July, 2006 edition 2007 Top 10 Coverage Cases from 2006 That Insurers Ought to Know

5 2007 Keeping the Cap on Tight The Supreme Court of Canada has refused leave to appeal in a case that attacked the $100,000 cap on non-pecuniary general damages Canadian Underwriter, January, 2007 edition 2007 The All-Risk Property Policy and the Faulty Design Exclusion, A Canadian Perspective An analysis and critique of the Ontario Court of Appeal s 2007 Decision in C.N. Rail v. Royal and Sunalliance Canadian Defence Lawyers Audioconference 2008 Top 10 Coverage Cases from 2007 That Insurers Ought to Know 2008 Top 10 Insurance Coverage Decisions The Cases You Should Known from 2007 Claims Canada Official Journal of the Canadian Independent Adjusters Association February, March, 2008 edition 2008 The Sky is Not Falling The Revised CGL s Montrose Provision B.C. Broker Magazine August, Finding Fault with Faulty Design, All is not lost An analysis of the Supreme Court of Canada s Decision in C.N. Rail v. Royal Sunalliance Canadian Underwriter, January, 2009 edition 2009 Top 10 Insurance Coverage Decisions The Cases You Should Known from 2008 Claims Canada Official Journal of the Canadian Independent Adjusters Association February, March, 2009 edition 2009 Land of Exclusions Craig Harris, Canadian Underwriter October, 2009

6 - cited as an expert on CGL policies in Canada 2009 Civil Justice Changes Claims Canada December/January, A Tale of Two Provinces.No More The Supreme Court of Canada formulates a national approach to coverage for construction deficiency claims under the CGL Policy Canadian Underwriter December, Top 10 Insurance Coverage Decisions The Cases You Should Known from 2010 Claims Canada Official Journal of the Canadian Independent Adjusters Association February, March, 2011 edition PRESENTATIONS AND SEMINARS Feb to Present Nov 6, 2000 Annual keynote speaker at Dutton Brock s client seminars First and Third Party Claim Issues Arising From Toxic Mould Disaster Kleen-up International Seminar for Insurers and Risk Managers, SkyDome Hotel June 24, th Annual Advanced Forum on Insurance Coverage Disputes The Latest Developments in Property Claims Managing and Litigating Insurance Coverage Disputes The Canadian Institute, Sutton Place Hotel, Toronto, Ontario Nov 9, 2004 April 13, 2005 An Update On Recent Case Law Developments and Commercial General Liability Policy Coverage Issues and workshop moderator Royal and Sunalliance Insurance Company, Mississauga, Ontario Are You At Risk Canadian Independent Insurance Adjusters Association Continuing Education Seminar Intercontinental Hotel, Toronto, Ontario

7 Apr 27, 28, 2005 June 22, 23, 2005 Nov. 11, 2005 January 27, 2006 March 15, 2006 April 19, 2006 November 23, 2006 November 23, 2007 November, 2008 November 12, 2009 January 26, 2007 Advanced Forum on Identifying, Managing and Preventing Mould Claims Moderator Panel discussion on first and third party insurance coverage issues The Canadian Institute, The Old Mill, Toronto, Ontario Navigating the Commercial General Liability Policy: Mastering Troublesome Standard Policy Wordings and Examining the Insurance Bureau of Canada s New Proposal Managing and Litigating Insurance Coverage Disputes The Canadian Institute, Sutton Place Hotel, Toronto, Ontario The Latest Developments in the Relationship Between Primary and Excess Insurers Hot Topics in Motor Vehicle Insurance The Relationship Between Primary and Excess Carriers and the Duty to Defend Ontario Bar Association Insurance Section Top 10 Coverage Cases from 2005 That Insurers Ought to Know Liberty Grand Conference Centre The Duty to Defend As Between Primary and Excess Insurers and the Apportionment of Defence Costs Between Insured and Uninsured Claim Aviva Canada Lunch n Learn Seminar Aviva Canada Downtown Office, 121 King St. W. Legal Actions and Civil Case Management ING Continuing Education Seminar, Bodily Injury East Toronto Branch, Ajax, Ontario Understanding the Tri-partite Relationship, and Related Insurance Coverage Issues Canadian Defence Lawyers Bootcamp for New Lawyers Osgoode Hall, Toronto Top 10 Coverage Cases from 2006 That Insurers Ought to Know

8 Liberty Grand Conference Centre November 14, 2007 December 11, 2007 January 25, 2008 An Introduction to the CGL Policy Insurance Institute 18 King St. E., 16th Floor Toronto, ON Canada The All-Risk Property Policy and the Faulty Design Exclusion, A Canadian Perspective An analysis and critique of the Ontario Court of Appeal s 2007 Decision in C.N. Rail v. Royal and Sunalliance Host Canadian Defence Lawyers Audioconference Top 13 Coverage Cases from 2007 That Insurers Ought to Know Liberty Grand Conference Centre February 6, 2008 An Update and Analysis of the Updated IBC Form 2100 Commercial General Liability Insurance Policy Ontario Mutual Insurance Assocation Cambridge, Ontario February 26, 2008 June 5, 2008 June 17 & 18, 2008 Auto Bodily Injury Update the Litigation Process Keynote Speaker Ontario Insurance Institute 18 King St. E., 16th Floor Toronto, Ontario Review of Leading Canadian Insurance Coverage Cases Keynote Speaker Canadian Defence Lawyers Annual Seminar Litigating and Managing Insurance Coverage Disputes Post Conference Interactive Workshop Co-chair Succeeding in Defending Construction Defect Cases Marriott Bloor-Yorkville Hotel Toronto, Ontario

9 November 24, 2008 January 29, 2009 November 19, 2009 October 25, 2010 Top 10 Coverage Cases From 2008 That You Ought to Know Keynote Speaker Willis Corroon Brokers Seminar An Introduction to the CGL Policy Recent leading CGL decisions Insurance Institute 18 King St. E., 16th Floor Toronto, ON Canada Leasing and Non-owned Auto Exposures in a post Bill 18 World Keynote Speaker Willis Corroon Brokers Seminar Legal Update 2010 What Insurers Should Know Keynote Speaker Ontario Mutual Insurance Association Annual Conference Deerhurst Resort Huntsville, Ontario JUDICIAL DECISIONS Spintex Yarns v. Liberty International Canada, [1999] O.J. No (S.C.J.) Legal Issues appeal on the issue of the propriety of questions on an examination for discovery - legal issues included propriety of questions calling for legal conclusions and touching on issues of solicitor-client privilege jjbarnicke Limited v. Commercial Union Assurance Company (1998), 40 O.R. (3d) 726 (Gen. Div.), affirmed on appeal [2000] I.L.R Legal issues - plaintiff sought indemnification under a fidelity bond issued by the defendant in response to losses suffered due to employee fraud - legal issues included vicarious liability, misrepresentation on an application for insurance and insurance agency law Federated Insurance Co. of Canada v. Reliance Insurance Co., [2001] O.J. No (Gen. Div.) Legal issues primary insurer sought a declaration that the excess insurer was obligated to share in funding of insured s defence costs - legal issues included apportionment of defence costs and expenses between primary and excess insurer, duty to defend and appropriateness of summary judgment

10 Bank of Nova Scotia v. Liberty Mutual Insurance Company (2003), 67 O.R. (3d) 699 (Div. Ct.) Legal issues - plaintiff financial institution claimed indemnification under a policy of residual value insurance issued by the defendant legal issues included standard of review to be applied on appeal from a Case Management Master Bywater v. Toronto Transit Commission (1999), 43 O.R. (3d) 367 (Gen. Div.) Legal issues defendant brought a motion for contempt against plaintiff s counsel in a class action arising out of a TTC subway fire - legal issues included breach of notice provisions of the Class Proceedings Act, 1992 and the standard of proof required to prove civil and criminal contempt of court Gore Mutual Insurance Co. v Ontario Ltd. (c.o.b. Enroute Towing), [2004] O.J. No (C.A.) Legal issues plaintiff insurer brought an application for a declaration that it had no duty to defend its insured under a standard Ontario automobile insurance policy - legal issues included the standard of proof required to demonstrate acceptance of a OPCF 28A endorsement to the standard Ontario Automobile Policy and the insurer s duty to defend in the face of an insured s breach of policy condition Jama (Litigation Guardian of) v. McDonald s Restaurants of Canada Ltd., [2003] O.J. No (S.C.J.) Legal issues defendant corporation brought a motion to strike the Statement of Claim against the directors and officers of the corporation - legal issues included the standard of review on a motion to dismiss, whether an independent actionable tort on the part of the directors and officers is required, and various pleadings related issues Taub v. Manufacturer s Life Insurance Co., [1999] O.J. No (Gen. Div.) Legal Issues plaintiffs brought a motion to certify a class action against the owner of a building in which they were tenants - legal issues included the elements required for certification of a class action, whether multiple claimants are required to have suffered injury in order to certify and whether a common issue was established Economical Mutual Insurance Co. v Ontario Ltd. (c.o.b. Lakeview Lunch), [1998] O.J. No (Gen. Div.), affirmed on appeal

11 Legal issues defendant tenant brought a motion for judgment in an action against it by the landlord s subrogating insurer - legal issues included landlord/tenant subrogation, the standard to meet in order to become a third party beneficiary of a property insurance policy and implied waivers of subrogation Liberty Mutual Insurance Co. v. Hollinger Inc., [2002] O.J. No (S.C.J.), affirmed on appeal [2004] O.J. No. 481 (C.A.) Legal issues plaintiff CGL insurer brought an application to determine its obligation to defend its insured in a civil rights/wrongful dismissal action commenced in Michigan - legal issues included the test for determining the duty to defend, the obligation of an insurer to defend allegations of discrimination and the interaction of the fortuity principle with the plain language of the policy Canadian Gas Association v. Guardian Insurance Co. of Canada, [1998] O.J. No (Gen. Div.) Legal Issues applicant regulatory body applied for a declaration that it only had to pay one deductible in respect of a claim under an errors and omissions policy - legal issues included the application of single or multiple retentions under a professional errors and omissions policy in response to multiple actions by aggrieved homeowners and coverage under a commercial general liability policy for allegations of professional negligence Claus v. Wolfman (1999), 52 O.R. (3d) 673 (Gen. Div.) Legal Issues plaintiff sued various doctors and a hospital for injuries suffered during childbirth - legal issues included the standard to obtain summary judgment in a medical malpractice action and the obligation of the plaintiff to establish a genuine issue for trial Olmstead v. Greenberg, [2001] O.J. No (Gen. Div.) Legal Issues defendant homeowner brought a motion to dismiss claims for nuisance and breach of building code - legal issues included the standard of review on a motion to dismiss, the interaction of Ontario Municipal Board decisions and court decisions and the application of the law of nuisance Liberty International a Division of Liberty Mutual Insurance Company v. The Bank of Nova Scotia, [2008] O.J. No (S.C.J.)

12 Legal Issues Appeal from the decision of an arbitrator on two questions of law - legal issues included the jurisdiction of a judge on appeal from the decision of a private arbitrator, material misrepresentation/omission on an application for an increase in coverage and the onus of proving that a claim falls within coverage under an insurance policy