Brett Stephenson
Brett Stephenson is a well-rounded insurance lawyer acting on behalf of numerous prominent domestic and international insurers, including many London market clients. Brett’s diverse practice includes providing defense and coverage services to a variety of clients.
Brett frequently appears as a featured speaker at conferences and seminars for insurance industry groups.
Brett’s selected experience includes:
Professional Liability
Defending professional liability claims against a wide range of professionals including financial planners, insurance brokers, mortgage brokers, corporate directors and officers, architects, engineers, developers, contractors and lawyers.
Cyber and Privacy
Brett is a member of the firm’s national cyber and privacy group. She is experienced in cyber insurance litigation and acts as breach coach and defence counsel for insureds in privacy and cyber related matters. As breach coach, Brett helps clients triage and overcome data security incidents including ransomware, data theft, business email compromise, fund diversion and other cyber security incidents. Brett also provides coverage advice to domestic and London insurers concerning Canadian cyber and privacy claims.
Regulatory Defence Proceedings
Acting as counsel in regulatory proceedings including before the Financial Planning Standards Council (FPSC), the Mutual Fund Dealers Association of Canada (MFDA) and the License Appeal Tribunal.
Coverage
Providing coverage opinions for all types of insurance policies including Errors and Omissions, Commercial General Liability, Builder’s Risk/Construction and cyber policies.
Sports and Recreation
Defending a variety of sports and recreational bodies including amateur hockey, football, softball, wrestling, golf and motorized sport organizations.
Class Actions
Member of the firm’s class action practice group. Brett understands the nuances of complex class action litigation and brings practical solutions in defending class action lawsuits across diverse areas.
Employment Practices Liability
Acting as coverage, monitoring and defence counsel for a variety of insurer’s EPL programs.
Products Liability
Acting as counsel for manufacturers, importers and vendors of products with alleged defects arising from both design and manufacture.
Medical Malpractice
Defending a wide range of professionals including physicians, chiropractors and naturopaths in civil and regulatory matters. On regulatory matters, Brett assists clients from the early stages of a complaint, including providing written submissions to the Inquiries, Complaints and Reports Committee (“ICRC”), to representation before the Discipline Committee.
Auto/Transportation
Defending motor vehicle accident lawsuits involving complex liability scenarios and catastrophic bodily injuries.
Recent Decisions
Hanson v. Totten Insurance Group Inc., 2018 ONCA 446
Successful at the Ontario Court of Appeal in upholding the finding of the motion judge that Lloyd’s Underwriters had a subrogated right to enforce mortgage proceedings against the Plaintiffs. Brett’s clients were entirely successful and awarded $15,000 in costs.
Secondment
From January 2019 to May of 2019, Brett was seconded to several major London market underwriting firms, providing support and claims handling services to cyber and specialty lines claims teams.
Speaking Engagements
- Panelist, “Claims and Losses” – NetDiligence Cyber Risk Summit (March 28-29, 2023 Toronto).
- Speaker, “Cyber and Privacy Risks in Hospitality” – Hospitality Saskatchewan Conference (September 27, 2022 Regina).
- Speaker, “Recent Court Decisions that Impact Financial Advisors and Planners” – Independent Financial Brokers of Canada (2020 Toronto Spring Summit – webinar)
- Speaker, “Demystifying Social Engineering- Underwriting, Legal and Claims Perspectives” – PLUS Canada (May 22, 2019 at Terminal City Club, Vancouver).
- Speaker, “Recent Developments in Canadian Privacy and Network Security Law” – Lloyd’s Market Association (March 19, 2019 at Lloyd’s of London).
- Speaker “Reefer Madness: the G/L and P.I. Policy Respond to New Canadian Cannabis Exposures” Lloyd’s Market Association, General Liability Committee (March 19, 2019 at Lloyd’s of London).
- Speaker, “Cyber Liability: Legal Updates & Latest Trends” – Independent Financial Brokers of Canada (2018 Ottawa Fall Summit).
- Speaker, “Cross-Examination” – Independent Financial Brokers of Canada (2018 Toronto Fall Summit).
- Speaker, “Cyber Liability: Legal Updates & Latest Trends” – Independent Financial Brokers of Canada (2018 Toronto Spring Summit).
- Speaker, “Recent E&O Cases” – Independent Financial Brokers of Canada 2017 Toronto Spring Summit.
Recent Publications
- Author, “Ontario Court Uses It’s Teeth To Dismiss A SLAPP Suit And Award Damages: United Soils Management v. Mohammed”, Dolden Newsletter Fall 2017.
- Author, “Cybercrime A New Frontier in Insurance Law – Data Breaches and Privacy Exposures Faced By Law Firms”, OBA Insurance Law Newsletter Spring 2014.
