Dolden Wallace Folick has and continues to develop a wealth of knowledge and experience advising clients on matters involving cannabis. Dolden Wallace Folick routinely advises a broad variety of national and international underwriting, claims and industry professionals, who in turn advise businesses involved in cannabis licensing, production, distribution and retail. Dolden Wallace Folick partners with its clients to develop written materials including insurance policy wordings and risk management protocols, in respect of cannabis and cannabis-related businesses. Dolden Wallace Folick also acts as defence counsel in litigation where impairment by the use of the cannabis and/or alcohol is at issue. Dolden Wallace Folick is frequently invited to present at national and international conferences on cannabis legalization, and legislation and regulation.
Areas of Practice
- Cannabis
- Civil Sexual Abuse
- Class Action Defence
- Commercial General Liability
- Construction
- Coverage
- COVID-19
- Cyber and Privacy Liability
- Directors and Officers Liability
- Disciplinary and Regulatory
- Employment Practice Liability
- Environmental
- Excess and Cross Border Auto
- Fiduciary Liability
- First Nations
- Fraud
- Hospitality – Liquor Liability, Social and Commercial Host Liability
- Legal Expense Coverage
- Life & Disability
- Medical Malpractice
- Municipal Liability
- Policy Wording and Risk Management
- Product Liability
- Professional Liability
- Property Specialty
- Regulatory and Administrative Liability
- Sports and Recreational Liability
- Subrogation
Civil claims for sexual abuse are on the rise in Canada and elsewhere. Such claims can be “long tail claims” extending to incidents that occurred in the distant past, when arising from “recovered memories” by a third party claimant. Dolden Wallace Folick’s professionals have the expertise to defend institutions against claims for sexual abuse. Dolden Wallace Folick routinely uses alternative dispute resolution to minimize the increasing risk of large damage awards.
Vancouver
Kelowna
Calgary
Toronto
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.
Dolden Wallace Folick has defended a broad range of commercial insureds and senior management in the context of class actions. Since Dolden Wallace Folick’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. Dolden Wallace Folick 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. Dolden Wallace Folick has also acted as the insurer’s counsel in negotiated resolutions of class actions.
Our firm has experience defending high complexity and value class action lawsuits, including:
- Currently defending long term care providers in various class actions alleging elderly abuse and negligence for the infection and death of their residents and staff arising from the novel coronavirus (COVID-19) (Ontario);
- Currently defending the Humboldt Broncos class action;
- Currently involved in assisting the Canadian Football League and its teams in a head concussion class action;
- Currently defending a pharmaceutical manufacturer against a $900 mil. class action alleging personal injuries arising from dangerous undisclosed side effects of Zantac (across the provinces);
- Currently defending a contractor in a class action alleging the negligent installation of balcony glass in three Toronto condominium towers (Ontario);
- Currently defending a class certification involving a significant apartment building fire loss ($50 mil) alleging the negligence of the landlord (Ontario).
- Currently providing coverage advice on three class actions
- Defending a church organization in a class action alleging sexual, physical and verbal abuse;
- Defending a school organization in a class action alleging sexual, physical and verbal abuse;
- Defending a new home warranty insurer in a class action regarding construction deficiencies including structural collapse and demolition of a 7-building multi-unit condominium complex (Condominium Corporation No. 031365 v. 970365 Alberta Ltd., 2013 ABQB 471) (Alberta);
- Defending a food manufacturer and distributor in various class actions stemming from the largest food safety recall in Canadian history (Harrison v. XL Foods Inc., 2014 ABQB 720) (Alberta);
- Defending a supplier against a $125 m. (USD) claim brought by a pipeline manufacturer seeking recovery of settlement funds paid in an underlying multi-district class action (Ipex Inc. v. AT Plastics Inc.) (Ontario);
- Defending a mortgage company against a class action by investors in syndicated mortgages seeking rescission of investments (Madryga v. Fortress Real Capital Inc., 2017 ONSC 4792) (Ontario);
- Defending a managing general agent in a class action alleging fraudulent marketing and sale of universal life insurance policies (Lee v. Transamerica Life Canada, 2017 BCSC 843) (British Columbia);
- Defending a class certification for debt consolidation firms alleged to have breached provincial consumer protection legislation and the Bankruptcy and Insolvency Act (Pearce v. 4 Pillars Consulting Group Inc., 2019 BCSC 1851) (British Columbia);
- Defending a variety of cyber liability class actions regarding the unauthorized disclosure of personal information, including the defence of municipalities and non-profit organizations (John Doe 1 v. The University of British Columbia, 2019 BCSC 673) (British Columbia);
The following lawyers are part of our class action group and would be pleased to answer any questions relating to class actions:
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick works with insurers, business owners and operators to defend against a wide variety of liability exposures that may arise due to bodily injury, personal injury or property damage and that may occur on a business’s premises or from its operations, work completed or contractual liability.
Vancouver
Kelowna
Calgary
Guelph
Toronto
Dolden Wallace Folick 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.
Dolden Wallace Folick 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. Dolden Wallace Folick 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.
Vancouver
Kelowna
Calgary
Guelph
Toronto
Opining on coverage issues requires experience one can only expect from professionals who restrict their practice to the insurance industry. Dolden Wallace Folick’s professionals provide opinions relied upon by the top insurers in Canada and worldwide when determining coverage for specific claims, calculating reserves and drafting policy wordings, and they have appeared as counsel in multiple coverage cases before Supreme Court of Canada, as well as other appellate courts. Dolden Wallace Folick has specific expertise in specialty lines, construction and sexual abuse matters.
Vancouver
Kelowna
Guelph
Toronto
In addition to its human costs, the COVID-19 pandemic is causing unprecedented economic dislocation across Canada and around the world. Insurers of Canadian businesses are receiving record numbers of claims seeking coverage under property and business interruption insurance policies, while they also grapple with rapidly evolving legal, regulatory, economic, and epidemiological environments. Insureds are also seeking assistance from their liability insurers for bodily injury and purely economic claims relating to COVID-19 and coronaviruses.
To help its clients through these challenging circumstances, Dolden Wallace Folick has created a COVID-19 practice group to provide coverage advice to insurers, domestically and in the United States, United Kingdom, and elsewhere. Key areas within our expertise include whether:
- claims related to coronaviruses constitute “property damage”;
- governmental and health authority closure orders and guidelines trigger “interruption by order of civil authority” coverage;
- insureds’ suspensions of business operations are voluntary or mandatory; and whether
- insureds have incurred “extra expenses” or “lost profits” as a result of the pandemic.
Dolden Wallace Folick also assists insurers with interpreting exclusions – or extensions – of coverage for communicable illnesses, foodborne illnesses, negative publicity, outbreak expense, microorganisms, and contamination. We also advise insurers on revisions to existing insurance policy wordings, and help with the drafting of new exclusions, endorsements, and extensions of coverage.
For an introduction to several important coverage issues relating to COVID-19, see our April 22, 2020 “InsureUpdates” newsletter, “COVID-19: What Will Insurance Cover?”
If we might be able to assist you with coverage matters in this area, please contact one of the lawyers below.
Vancouver
Toronto
Dolden Wallace Folick is a leader in the areas of computer network security and personal data breach litigation and related insurance issues. It acts as breach coach to a number of insurers who provide cyber liability insurance, and as defence counsel to insureds in connection with data security and privacy breach events. For those insurers for whom Dolden Wallace Folick acts as data breach coach, it operates 1-800 numbers that insureds can call to obtain advice in relation a breach event or suspected breach event, which is monitored 24/7 to meet urgent needs. When an insured entity has sustained a breach event (i.e., by computer hack, loss, theft, employee misconduct or failure of administrative or security controls) Dolden Wallace Folick’s lawyers are engaged to direct the insured’s response to the breach in accordance with legal requirements, with the assistance of other professionals as may be required.
Dolden Wallace Folick provides advice, direction and legal counsel across Canada regarding pre-breach risk assessment, post-breach notification to regulators and affected individuals, negotiations with Privacy Commissioners, addressing CASL (Canada’s anti-spam legislation) claims before CRTC, coverage disputes regarding obligations under various policy types for cyber breach events, cross border issues in relation to cyber claims, and defence of privacy breach and CASL breach litigation, including class actions. Dolden Wallace Folick has also been a pioneer in developing “made in Canada” cyber policy wordings. Dolden Wallace Folick has addressed a wide range of coverage and defence matters involving privacy and data breach, including PIPEDA exposures, the tort of intrusion on seclusion, statutory claims under the provincial Privacy Acts, and proceedings before various Canadian privacy commissioners.
For urgent after hours assistance regarding our cyber group, please contact cybergroup@dolden.com.
Vancouver
Calgary
Toronto
The increase in litigation against directors and officers in Canada has been dramatic. Dolden Wallace Folick is well positioned to respond to any claims made against directors and officers, whether on a coverage or defence basis, as Dolden Wallace Folick has for some time taken assignments from most of the leading providers of D&O coverage in Canada.
Dolden Wallace Folick has defended a wide variety of officers and directors for both public and private companies in cases involving both “duty to defend” and “reimbursement” policies. Dolden Wallace Folick has particular expertise in acting as coverage and defence counsel in respect of securities claims. Dolden Wallace Folick has also defended matters for “not for profit” organizations and small companies. In the continuing defence of senior management and directors in securities and other claims Dolden Wallace Folick has demonstrated expertise in “due diligence” defences, responded to statutory claims brought against directors and officers, and has a track record defending management confronting allegations of negligence and breach of fiduciary duty.
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick LLP regularly acts for professionals facing allegations of professional misconduct, including health professionals, architects, engineers, lawyers, accountants, actuaries, insurance brokers, mortgage brokers, naturopathic physicians, and veterinarians.
Dolden also has extensive experience in successfully defending professionals against civil claims, including negligence claims that may severely damage a professional’s reputation if not handled carefully. Our firm’s lawyers have appeared before every level of court in Canada and have experience appearing before many of Canada’s appellate courts and the Supreme Court of Canada.
Dolden also advises our clients on meeting their industry-specific regulatory obligations – and thereby avoiding regulatory proceedings in areas such as privacy and cybersecurity. We also have experience acting for clients in judicial review proceedings.Vancouver
Calgary
Toronto
With the emergence of EPL policies as a “stand alone” wording, Dolden Wallace Folick 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, Dolden Wallace Folick 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. Dolden Wallace Folick operates “1-800” 24 hour call lines for the benefit of insureds to avoid having employment-related problems result in actual claims.
Vancouver
Kelowna
Calgary
Toronto
Environmental legislation continues to evolve in Canada. Dolden Wallace Folick has been in the forefront of educating risk managers and claims personnel in the new and onerous duties placed upon insurers and the broadening potential for claims exposure. Dolden Wallace Folick has undertaken several industry seminars to address the new legislative framework and to address coverage wordings to limit exposure to the industry and has defended first party claims under the new breed of “cost cap” and pollution liability insurance products.
Vancouver
Calgary
Toronto
In British Columbia, Dolden Wallace Folick acts for excess optional motor vehicle liability insurers and for out-of-province and U.S. insurers in the defence of motor vehicle accident claims, including catastrophic personal injury claims. Michael Libby, a partner at Dolden Wallace Folick’s Vancouver office, is the co-author of the Annotated British Columbia Motor Vehicle Act, which is published by Thomson Reuters Carswell and is a leading publication in this area of the law.
Vancouver
Kelowna
Toronto
Fiduciary liability policies address another evolving area of coverage, providing protection to welfare and pension plans, the sponsor organization, and individuals acting as fiduciaries or administrators of the plans. Coverage is granted for violations of the growing number of responsibilities, obligations, or duties imposed upon fiduciaries by statute and the common law. Dolden Wallace Folick is experienced in defending fiduciaries and defending coverage cases where the fiduciaries have breached the terms of the policy.
Vancouver
Calgary
Dolden Wallace Folick provides expertise in this uniquely Canadian area of law. Dolden Wallace Folick represents First Nations under a variety of lines of insurance, including commercial general liability policies, directors and officers liability, and employment practices liability. Dolden Wallace Folick also has an extensive coverage practice group to respond to any concerns insurers face.
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick currently acts for many of Canada’s largest property and casualty insurers. Insurers’ “deep pockets” can attract fraudulent claims. Dolden Wallace Folick has extensive experience in identifying and defending fraudulent claims, both first party and third party. Dolden Wallace Folick has established a practice of becoming involved in the investigation of suspect claims from the onset to assist in establishing an arson or fraud defence. Dolden Wallace Folick’s experiences have resulted in close relationships with several special investigations units and arson investigators.
Vancouver
Kelowna
Calgary
Guelph
Toronto
Dolden Wallace Folick is particularly well-regarded in the field of liquor liability defence. Dolden Wallace Folick 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. Dolden Wallace Folick regularly publishes and speaks on this subject and Dolden Wallace Folick’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.
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick offers legal defence services, including a bilingual 1-800 telephone legal advice line, to insureds. Dolden Wallace Folick understands that individuals may face a variety of legal risks on a daily basis, from employment and disciplinary matters, to contractual disputes and debt recovery issues. By proactively providing insureds with general legal advice in a timely manner, Dolden Wallace Folick helps empower insured to defend or pursue their legal rights.
Vancouver
Dolden Wallace Folick’s lawyers have developed specific expertise in acting for life and disability insurers. Dolden Wallace Folick has undertaken subrogation proceedings for recovery of disability benefits as well as defending both claims for life payments in circumstances of accidental death and suicide, and traditional claims involving denials of benefits.
Vancouver
Kelowna
Toronto
Dolden Wallace Folick 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. Dolden Wallace Folick 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. Dolden Wallace Folick 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.
Vancouver
Kelowna
Calgary
Toronto
Municipalities are an easily identified target of personal injury actions but Dolden Wallace Folick’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, Dolden Wallace Folick 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. Dolden Wallace Folick 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.
Vancouver
Kelowna
Calgary
Guelph
Toronto
Dolden Wallace Folick 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 Dolden Wallace Folick 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. Dolden Wallace Folick 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 Dolden Wallace Folick 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. Dolden Wallace Folick has developed complete policy wordings and substantially modified existing forms for over a half dozen leading D&O insurers. In addition, Dolden Wallace Folick has been retained to modify unique endorsements for truly facultative risks that pose unique risk management issues.
Vancouver
Toronto
Insurers are often confronted with claims against manufacturers of products that enter the stream of commerce in Canada. Dolden Wallace Folick’s lawyers act for domestic and international insurers and “self insured” product manufacturers. Dolden Wallace Folick has extensive experience defending manufacturers of asbestos, recreational equipment, medical and dental equipment and implants. In addition, Dolden Wallace Folick has undertaken seminars for U.S. insurers to familiarize those U.S. insurers with products liability law in Canada.
Vancouver
Kelowna
Calgary
Guelph
Toronto
Dolden Wallace Folick is regularly retained by errors and omissions insurers to defend a wide range of professionals. Historically, Dolden Wallace Folick 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 Dolden Wallace Folick defends.
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick has significant experience acting for defendants in property damage related claims with a particular emphasis on fire losses, construction deficiencies, and flood claims.
In addition, Dolden Wallace Folick has extensive expertise prosecuting subrogated losses for numerous property related claims involving electrical failures, chimney fires, spontaneous combustion, candle fires, lighting, and arson. These losses often involve severe property damage and business interruption. Dolden Wallace Folick has also successfully advised and litigated for a number of insurers on complex coverage disputes.Vancouver
Kelowna
Calgary
Guelph
Toronto
Dolden Wallace Folick has a wealth of experience representing clients in regulatory and administrative matters. Dolden Wallace Folick’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. Dolden Wallace Folick 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. Dolden Wallace Folick also defends clients with respect to Provincial Offences, liquor licensing issues and by-law infractions in provincial and municipal matters.
Vancouver
Kelowna
Calgary
Toronto
Dolden Wallace Folick 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. Dolden Wallace Folick 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.
Vancouver
Kelowna
Toronto
Subrogation litigation is an essential element of insurance claims management. Dolden Wallace Folick’s team of lawyers is experienced and qualified to pursue recovery from other insured and non-insured entities to the benefit of its clients. Dolden Wallace Folick’s cost effective approach to subrogation and settlement maximizes the ultimate recovery to its insured clients.
Vancouver
Calgary
Guelph
Toronto
