Brett Stephenson
Brett Stephenson is a partner with the firm. She 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 regularly providing defence 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.
Civil Sexual Abuse
Brett is a leading member of the firm’s National Sexual Abuse Group. She acts for various non-profit organizations, education facilities and religious institutions in defending civil claims arising from sexual, physical and psychological abuse, harassment and assault. Brett is also experienced in trauma informed practices and procedures.
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.
Coverage
Providing coverage opinions for all types of insurance policies including Errors and Omissions, Commercial General Liability, Builder’s Risk/Construction and cyber policies.
Employment Practices Liability
Acting as coverage, monitoring and defence counsel for a variety of insurer’s EPL programs.
Sports and Recreation
Defending a variety of sports and recreational bodies including amateur hockey, football, softball, wrestling, golf and motorized sport organizations.
Property
Defending property damage related claims with an emphasis on fire losses, construction deficiencies and flood claims.
Products Liability
Acting as counsel for manufacturers, importers and vendors of products with alleged defects arising from both design and manufacture.
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.
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.
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 and Publications
- Panelist, “Technology and Cyber in Claims” – Canadian Association of Managing General Agents Claims Summit (November 15, 2023, Toronto).
- Speaker, “Mock Summary Trial” – Lloyd’s Market Association (October 12, 2023 at Lloyd’s of London).
- Author, “Abuse Policy: A Critical Risk Management Tool for Local Governments” – Dolden Newsletter September 2023.
- “Why cyber tracking technology litigation could be coming to Canada” – Canadian Underwriter (March 31, 2023): https://www.canadianunderwriter.ca/insurance/why-cyber-tracking-technology-litigation-could-be-coming-to-canada-1004232320/
- 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.
