Sam Sasso
Sam Sasso is an insurance coverage and defence lawyer in Dolden’s Toronto office specializing in complex coverage matters for Canadian, London Market and U.S. insurers.
Sam regularly represents insurers on complex D&O, Fidelity and Crime Bond, E&O, CGL, EPL and Property cases. Sam is accustomed to assisting insurer clients in navigating challenging coverage cases from both a substantive and practical standpoint. Sam works with insurers in planning and implementing a litigation strategy that meets their needs. Drafting policy language, monitoring claims defended under a policy, and providing detailed reports to insurers are just some of the services Sam provides. Sam commonly works with insurance towers and defence counsel in coordinating the defence of a claim under a policy. Sam has also successfully acted for Medical Device insurers and manufacturers.
Sam regularly provides continuing practice development seminars to Canadian, London Market and US insurer clients. Sam is also a frequent speaker and presenter at insurer and industry events.
Along with Gary Luftspring and several insurers, Sam built an iPad app called D&O Policies to assist in teaching how insurance policies work. D&O Policies was featured in the Financial Post and Law Times. Sam also built another iPad app called lawyers building apps to assist lawyers in providing new tools for their clients.
Sam is the creator and co-author of The Trial Book (Thomson Reuters, 2021), an e-book that combines written text with a video of a full moot trial to provide real world insight into how trials work. The Trial Book was subject of a feature article in Canadian Lawyer. Sam is also the co-author of Discovery in Canadian Common Law: Practice, Techniques and Strategies (Lexis Nexis Canada, 2017).
Sam also has a varied commercial litigation practice including CCAA proceedings, shareholder disputes, oppression remedies, employment and professional liability.
Sam has appeared as lead counsel before the Ontario Superior Court of Justice and the Court of Appeal for Ontario. Sam also has experience with applications before the Supreme Court of Canada. Sam is a member of the Advocates Society, the Ontario Bar Association and the Canadian Bar Association
Notable Decisions
Toronto Dominion Bank N.A. v. Lloyd’s Underwriters, 2017 ONCA 1011: Assisting in successfully overturning a summary judgment in a $300 m banker’s fidelity bond case.
Dunn v. Chubb Insurance Company of Canada, 2009 ONCA 538: One of the leading cases on ambiguity in a policy and interrelated wrongful acts.
Re Sino Forest (CCAA): Assisting in resisting a plaintiff’s attempts to review and lower insureds’ defence costs under a policy.
Re Beleave (CCAA, Ontario and BC) and Re Sino Forest (CCAA): Obtaining Hollinger Orders (court approved policy releases where policies have been exhausted).
908593 Ontario Limited v. Atradius, 2022 ONSC 2517; upheld 2023 ONCA 156: Successfully resisting a $5 m claim under a trade credit policy.
Liberty Mutual Insurance v. Trelleborg Int BV, 05-CV-284493 January 2014: Successfully upholding an insurer’s subrogation rights under a policy.
Notable Publications and Presentations
The Trial Book (Thomson Reuters, 2021), with Justice Todd Archibald, Jacqueline King, Geoff Hall, Gary Luftspring and Jason Sacha
Discovery in Canadian Common Law: Practice, Techniques and Strategies (Lexis Nexis Canada, 2017), with Justice Todd Archibald and James C. Morton
D&O Policies, with Gary Luftspring, iPad App, the Apple App Store, 2015
lawyers building apps iPad App, the Apple App Store, 2016
Ontario Bar Association Discovery Seminar, presenter May 2018
Canadian Bar Association Futures Initiative Workshop, presenter March 2016
Osgoode Evidence Seminar for the Civil Litigator, presenter April 2016 and October 2011
Canadian Bar Association National Magazine, summer 2016 blog series
Western Law School, Civil Procedure guest lecturer, November 2015
Briefly Speaking Magazine, “Mediation Confidential: what lawyers and mediators really think of each other,” summer edition, 2013
Briefly Speaking Magazine, “5 Evidence Rules to Keep In Mind Before a Civil Trial,” February 2012.
2010 Annual Review of Civil Litigation (Thomson Reuters, 2010)
Education and Background
B.A. (English Specialist), University of Toronto, University College (1994)
LL.B., Queen’s University (2006)
Call to Bar: 2007 (Ontario)