Areas Of Practice

Areas Of Practice

  • Sports and Recreational Liability

    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.

    Sports and Recreation Liability

    Regulatory and Administrative Liability

    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.

    Professional Liability

    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.

    Policy Wording and Risk Management

    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.

    Medical Malpractice

    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.

    Hospitality – Liquor Liability, Social and Commercial Host Liability

    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.

    Liquor Liability

    Employment Practice Liability

    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.

    Class Action Defence

    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:

    Liquor Liability

    Our firm is particularly well-regarded in the field of liquor […]

    Cyber Liability

    Dolden Wallace Folick LLP is a leader in the areas of computer network security and personal data breach litigation and related insurance issues. The firm has been a pioneer in developing “made in Canada”…

    Personal Injury

    Personal injury can happen at any time. We defend personal […]

  • Subrogation

    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.

    Product Liability

    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.

    Municipal Liability

    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.

    Construction

    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.

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