Matthew Miller
Matt is a well-rounded insurance lawyer with considerable experience providing legal services to a variety of domestic and international insurers, including many London market clients. He provides services in the areas of both defence and coverage and tailors a unique solution to every challenge.
Matt’s representative work includes:
COMMERCIAL GENERAL LIABILITY
Acting as defence counsel for pubs, restaurants, bars and nightclubs in lawsuits involving over-service, assault, auto accidents and occupiers’ liability. Matt has presented many times on the firm’s Liquor and Host Liability Law textbook.
Defending a variety of sports and recreation leagues including amateur hockey, softball, Frisbee, golf, soccer and motorized sports. Defending claims involving injuries to participants, spectators and the general public. Matt regularly presents to both domestic and London market clients on the firm’s Sports and Recreation Liability Law textbook.
Defending municipalities in a variety of claims arising from catastrophic personal injury and property damage.
Acting as defence counsel to a variety of large and small private security firms across Ontario. Defending claims involving forcible ejection, assault, intoxication and occupiers’ liability.
Defending complex first party auto lawsuits involving multi-vehicle collisions, catastrophic personal injuries, fatalities and fraud/staged accidents.
Defending spa clinics, acupuncturists, massage therapists, alternative medicine practitioners and fertility clinics in a variety of liability claims.
Acting for architects, engineers, contractors, designers, building inspectors and municipalities in a variety of construction-related claims.
PROFESSIONAL NEGLIGENCE
Defending a wide variety of professionals in errors & omissions litigation. Defending architects, engineers, cyber/IT professionals, lawyers, accountants, construction trades, home inspectors and insurance brokers.
COVERAGE
Providing coverage opinions for commercial general liability, errors and omissions, employment practices liability, builders’ risk/course of construction, wrap-up, motor vehicle, and specialized property policies. Matt has successfully litigated coverage disputes in favour of insurers.
CANNABIS
Advising domestic and London market insurers and insureds on the implications of cannabis legalization in Canada. Providing advice on the state of the law and the future of the cannabis industry nationwide. Reviewing and revising policy wordings to ensure that insurers and insureds are covered adequately. Acting as defence and coverage counsel for cannabis-related claims.
REPORTED DECISIONS
Webster v. Inneractive Security Services Inc., 2020 ONSC 6957
Successful summary judgment motion on behalf of the firm’s client, a security services firm. The plaintiff sustained catastrophic personal injuries on a dance floor at a heavy metal concert. Matt’s client’s argued that it was not liable for the sudden injury. This motion turned on the court accepting complex arguments involving foreseeability of harm and causation. Matt’s clients were fully successful and the action was dismissed against them with costs.
Collins and Hanson v. Xytex Corporation, et al., 2017 ONSC 3341
Successful summary judgment motion on behalf of the firm’s client, a multinational medical facility. This motion involved consolidating evidence from both Canada and the United States in a complex multi-jurisdictional dispute. Matt’s clients were fully successful and the action was dismissed against them with costs.
SECONDMENT
In 2018, Matt was seconded to the claims department of a major London UK managing general agency.
RECENT PUBLICATIONS
Double Trouble – A Review of Recent Jurisprudence Regarding “Double Recovery” in Canada, Dolden Wallace Folick LLP Newsletter, December 2022
Coverage Upheld Where No ROR or Non-Waiver Agreement, Dolden Wallace Folick LLP Newsletter, September 2019
Sudden and Unexpected: A road map to defending “failure to prevent” assault cases, Dolden Wallace Folick LLP Newsletter, December 2017
Off-premises Liquor Liability, Thomson Reuters, 2015
Relevant, but producible? Production of the adjuster’s file in the litigation process (October 2013)
In Finnigan’s Wake: Transferring fault to a commercial host for a patron’s poor decisions (July 2013)
SPEAKING ENGAGEMENTS
Matt regularly presents to claims adjusters, underwriters, brokers, executives and industry bodies on all aspects of insurance law in Canada.
