Brett Stephenson

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

Brett Stephenson's practice areas include:

 

Civil Sexual Abuse

Class Action Defence

Coverage

COVID-19

Cyber and Privacy Liability

Employment Practice Liability

Excess and Cross Border Auto

Medical Malpractice

Product Liability

Professional Liability

Regulatory and Administrative Liability

Sports and Recreational Liability

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