Lorne Folick
Lorne’s practice is dedicated exclusively to specialty insurance defence litigation. Lorne currently acts for many of Canada’s largest commercial and personal lines insurers in North America, as well as several underwriters at Lloyds of London. Lorne has particular expertise in liquor liability, sports and recreation liability and medical malpractice. Lorne has also specific expertise in defending multiparty complex class action litigation.
Lorne has provided both coverage – as well as substantive legal advice – to clients relating to legal expense insurance relating to disciplinary and regulatory matters. Additionally, Lorne has been a key contact with respect to establishing a national network of firm lawyers who are specifically trained and experienced with respect to the unique issues and claims arising under Legal Defence Coverage. The enumerated heads of coverage provided under provided by legal defence coverage perfectly aligns with Lorne’s experience across broad areas of insurance litigation.
Lorne has spoken at various insurance seminars on a wide range of insurance issues to brokers, insurers and risk managers. Lorne is a guest lecturer at UBC Law School. He is also an independent board director for Everest Insurance Company of Canada as well as the Alliance of Beverage Licensees in BC. Lorne has also served as an independent director and chaired the Nomination and Governance Committee for his daughter’s school.
Lorne has been peer-reviewed and recognized by Lexpert as one of Canada’s Leading Practitioners in the area of commercial insurance litigation.
Liquor Liability
- Lorne has been appointed as counsel on behalf of national underwriter programs offered to commercial providers of alcohol. In this capacity, Lorne has presented to many specialty insurers who underwrite programs for restaurants, hotels, pubs and cabarets.
- In 2010, Lorne co-authored a textbook in the area entitled “Liquor and Host Liability Law in Canada” (see link below). In addition, Lorne has defended claims brought by employees against employers who have provided alcohol in the workplace.
- Lorne has also defeated claims made against individuals who have been sued in the “social host” context in circumstances where the host has served alcohol to guests who have subsequently injured themselves or others.
Sports and Recreation
- Lorne has acted for both recreation providers and sports organizations for claims arising from personal injury and death.
- Lorne recently had a claim dismissed against an ATV provider by successfully invoking a waiver of liability.
- Lorne recently authored a textbook entitled “Sports and Recreation Liability in Canada” (see link below).
Medical Malpractice
- Lorne has defended all manner of professional liability claims made against medical professional including dentists, naturopaths and medi-spa practitioners.
- Lorne has provided risk management seminars and risk management materials related to concepts such as informed consent and the use of waivers.
- Lorne has also been counsel at disciplinary proceedings on behalf of naturopaths and other health professionals.
Class Action Litigation
- Lorne has developed expertise in defending class action lawsuits arising both within the hospitality context – but also in the sports and recreation area as well.
- Lorne is currently managing several high profile class actions involving sports related concussions as well as Covid related claims.
- Lorne’s role includes both defence counsel – as well as coverage and monitoring counsel – in the class action space.
Notable Decisions:
Lorne has a particular interest in complex and catastrophic bodily injury claims. Lorne’s trial and appeal judgments include:
- Whether a pub is liable for a patron’s later conduct after leaving the pub with a sober driver: Salm v. Coyle, 2004 BCSC 112
- Whether a restaurant is held to the same standard as a bar in anticipating violence by its patrons: Petersen v. Stadnyk, 2003 BCSC 2012
- Whether a pub is liable for a bar fight between two patrons: Ferguson v. Quock (unreported, October 9, 1997, Prince George Registry, File No. 9232, B.C.S.C.)
- Whether limitation periods are postponed as a result of post-traumatic stress disorder: Taylor v. Paulson, 2005 BCSC 1249
- The Court of Appeal’s determination of how to properly calculate income loss: Kask v. Tam (1996), 21 B.C.L.R. (3d) 21 (C.A.)
- Summary trial judgment regarding the efficacy of waivers: Shirley Cooper v. Gary & Julie Blackwell, dba Wistaria Guiding, Robert Cork and Derrick Blackwell
Recent Publications
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Liquor and Host Liability Law in Canada, published by Canada Law Book (December, 2010). |
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Sports and Recreation Liability in Canada, published by Canada Law Book (March 2017). |
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Application of BC No-Fault Auto Regine to Commercial Liquor Licensees: Dolden Wallace Folick LLP Firm Newsletter, June 2021
Liquor Liability Update: When does “Just a Few Drinks” Become a “Joint Venture”, Dolden Wallace Folick LLP Publication, 2014
“5 Factors Affecting Host Liability in Liquor-Related Insurance Claims” (December 2014)
“Liquor Liability – What You Need to Know to Protect Your Establishment”, The Publican, (Spring 2011), 22.
“Waivers at Work”, Canadian Underwriter, (January 2011), 22.
Liquor Liability Risks in Canada, Dolden Wallace Folick LLP Publication, 2009.
The “Bad Faith” Doctrine Applied to First Party and Third Party Claims, Dolden Wallace Folick LLP Firm Newsletter, June 2007.
Recent Commercial Liquor Liability Decisions – The Times They are a Changing: Dolden Wallace Folick LLP Firm Newsletter, April 8, 2005.
