Insurance Law Conference 2022

Course Chairs
Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver

About the Course Chairs
Richard Lindsay, KC is a mediator/arbitrator with Cornish Margolis Boyd in Vancouver. His practice for over 40 years focused on general insurance litigation, with particular emphasis on products liability, engineering, energy, and fire related matters. Richard's areas of specific interest include complex multi-party litigation, construction, professional liability, subrogation, fraudulent claims, coverage, and catastrophic injury cases with significant liability issues. Richard has extensive trial and appellate court experience.

Appointed Queen's Counsel in 2003, Richard was admitted to the BC bar in 1978. He obtained a Bachelor of Engineering in 1971 from Carleton University and a Bachelor of Laws in 1977 from UBC. His pre-law experience was as a Civil Engineer.

Richard is past president of the Canadian Defence Lawyers which presented him with the celebrated Lee Samis Award of Excellence in 2006. He has served on the Hearing Panel pool for the Law Society of BC. He is a past Fellow of the prestigious American College of Trial Lawyers and a Fellow of the Chartered Institute of Arbitrators

Richard has chaired CLEBC's Insurance Law Conference since time immemorable.

Greg Tucker, KC is head of Owen Bird's insurance group, and practices commercial litigation, with a focus on insurance, including coverage, energy, marine, defence and subrogation, arbitration and appraisal, and non-insurance counsel work.

Greg lectures regularly for CLEBC and other professional educational bodies. He is author of the Interlocutory Applications Chapter of the Civil Litigation Handbook.

Faculty
Sarah A. Bevan — Barrister, Legal Services Branch, Ministry of Attorney General, Victoria
Nina Bindra — Solicitor, Legal Services Branch, Ministry of Attorney General, Victoria
Hollis A. Bromley — Alexander Holburn Beaudin + Lang LLP, Vancouver
David G. Butcher, KC — Wilson Butcher, Vancouver
William S. Dick, KC — Murphy Battista LLP, Kelowna
Eric Dolden — Dolden Wallace Folick LLP, Vancouver
Brian Hunt — SecureHarbour Consulting Inc., Vancouver
Sandra L. Kovacs — KazLaw Injury Lawyers, Vancouver
Professor Erik S. Knutsen — Queen’s University Faculty of Law, Kingston, ON
Jason McDaniel — ICBC – Corporate Law Department, North Vancouver
Heather Sanderson — Sanderson Law, Calgary
Nigel L. Trevethan — Harper Grey LLP, Vancouver
C. Michelle Tribe — Fraser Litigation Group, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:05)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver

Cyber Insurance: Liability, Exposures, and Coverage (9:05 – 9:35)

• the differing triggers for coverage in the Canadian market
• the unique exclusions in a cyber policy—are there differences?
• underwriting trends—what to look for in a cyber policy given the "hard market"
• the hot cyber coverage issues that are emerging in Canada

Eric Dolden — Dolden Wallace Folick LLP, Vancouver

BREAK (9:35 – 9:40)

Practical Issues with Insurance Policy Interpretation (9:40 – 10:45)

Professor Erik S. Knutsen — Queen’s University Faculty of Law, Kingston, ON

BREAK (10:45 – 10:55)

Case Comment: Loblaws Companies Limited v. Royal and Sun Alliance Insurance Company of Canada (10:55 – 11:25)

Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver

BREAK (11:25 – 11:30)

Sexual Harassment/Sexual Misconduct: Policies, Coverage, and Practice (11:30 – 12:30)

Hollis A. Bromley — Alexander Holburn Beaudin + Lang LLP, Vancouver
David G. Butcher, KC — Wilson Butcher, Vancouver
Sandra L. Kovacs — KazLaw Injury Lawyers, Vancouver

LUNCH BREAK (12:30 – 1:00)

The Top 5 Issues for Policy Holders (1:00 – 1:45)

Brian Hunt — SecureHarbour Consulting Inc., Vancouver
C. Michelle Tribe — Fraser Litigation Group, Vancouver

BREAK (1:45 – 1:50)

The Future of Motor Vehicle Insurance (1:50 – 2:50)

Moderator: Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Sarah A. Bevan — Barrister, Legal Services Branch, Ministry of Attorney General, Victoria
Nina Bindra — Solicitor, Legal Services Branch, Ministry of Attorney General, Victoria
William S. Dick, KC — Murphy Battista LLP, Kelowna
Jason McDaniel — ICBC – Corporate Law Department, North Vancouver

BREAK (2:50 – 3:00)

The Canadian P&C Industry and Climate Change (3:00 – 3:45) [pre-recorded]

• are climate change extreme weather events making some areas uninsurable/unaffordable?
• climate change and private sector liability policies
• the impact of greenwashing claims on D&O carriers
• indirect claims against property owners, builders, and engineers
• property damage to building from extreme weather or subsidence

Heather Sanderson — Sanderson Law, Calgary

BREAK (3:45 – 3:55)

Pollution Exclusion Case Law Update: What to Make of Hemlow Estate? (3:55 – 4:25)

• what the law has been
• what did Hemlow Estate decide?
• is Hemlow Estate an outlier?

Nigel L. Trevethan — Harper Grey LLP, Vancouver

Concluding Remarks (4:25 – 4:30)

Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver