2 Home 1 2 home 2013-06-07T10:35:17-04:00 2013-06-07T10:35:17-04:00 home home 1 1 1 About Us 3 10 1 2013-06-07T10:34:42-04:00 2013-08-01T17:56:46-04:00 about-us about-clc 1 3 10 History 1 4 5 4 2013-06-10T09:15:56-04:00 2013-06-10T09:15:56-04:00 history history 1 1 11 Vision & Mission 1 6 7 5 2013-06-10T09:17:30-04:00 2013-06-10T09:17:30-04:00 vision-mission vision--mission 1 1 12 Contact Us 1 8 9 6 2013-06-10T09:18:53-04:00 2013-06-10T09:18:53-04:00 contact-us contact-us 1 1 3 Member Firms 11 24 8 2013-06-07T10:35:50-04:00 2013-06-10T09:25:32-04:00 member-firms member-firms 1 1 17 New Brunswick 3 12 13 13 2013-06-10T09:50:11-04:00 2013-06-10T09:50:11-04:00 new-brunswick new-brunswick 1 1 18 Nova Scotia & PEI 3 14 15 14 2013-06-10T09:51:55-04:00 2013-07-09T17:28:54-04:00 nova-scotia-pei nova-scotia-pei 1 3 19 Ontario 3 16 17 15 2013-06-10T09:53:34-04:00 2013-06-10T09:53:34-04:00 ontario ontario 1 1 21 Saskatchewan 3 18 19 17 2013-06-10T09:58:57-04:00 2013-06-10T09:58:57-04:00 saskatchewan saskatchewan 1 1 30 Alberta, BC, NWT, Nunavut, & The Yukon 3 20 21 28 2022-11-22T10:40:38-05:00 2022-11-22T10:40:38-05:00 alberta-bc-nwt-nunavut-the-yukon alberta-bc 3 3 31 Quebec 3 22 23 quebec 29 2025-04-03T18:57:33-04:00 2025-04-03T18:57:33-04:00 quebec quebec 3 3 26 Global 25 28 25 2013-08-01T17:57:46-04:00 2013-08-01T18:23:36-04:00 global global 3 3 22 The Harmonie Group 26 26 27 18 2013-06-10T10:00:45-04:00 2013-06-10T10:00:45-04:00 the-harmonie-group the-harmonie-group 1 1 4 Practice Groups 29 30 practice-groups 2013-06-07T10:36:10-04:00 2013-06-07T10:36:10-04:00 practice-groups practice-groups 1 1 5 24/7 Response 31 34 19 2013-06-07T10:36:46-04:00 2013-08-01T18:05:32-04:00 24-7-response emergency-response 1 3 25 At the Scene 5 32 33 24 2013-07-31T10:45:07-04:00 2013-07-31T10:53:59-04:00 at-the-scene at-the-scene 3 3 7 Articles 35 36 articles 2013-06-07T10:37:40-04:00 2013-06-07T10:37:40-04:00 articles articles 1 1 6 News 37 42 20 2013-06-07T10:37:11-04:00 2013-08-01T17:56:23-04:00 news clc-news 1 3 24 Upcoming Events 6 38 39 23 2013-07-30T12:28:16-04:00 2013-07-31T12:50:58-04:00 upcoming-events upcoming-events 3 3 27 Photo Albums CLC & Member firm events and photos 6 40 41 photo_albums 2013-10-01T18:13:47-04:00 2013-10-01T18:17:53-04:00 photo-albums photo_albums 3 3 8 Class Actions <p><img alt="" src="http://mccagueborlack.com/uploads/pictures/76/sl_classaction_original.gif?1320689238" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />Our lawyers were on the ground floor of the first class actions in Canada, and have been involved as counsel in many of the leading class action cases since, all the way from commencement to the Supreme Court of Canada. Simply put, class actions are a different kettle of fish.</p> <p>We provide our clients with an experienced team of trial lawyers that can analyze the issues and develop a strategy to efficiently manage and resolve this complex type of litigation.</p> <p>We understand the technicalities and jurisprudence of the class action regime, and are able to combine that understanding with practical insights to provide effective representation in this unique and challenging area of litigation law.</p> <p>Our lawyers understand the technicalities and jurisprudence of the class action regime. We are able to combine that understanding with practical insights to provide effective representation in this area of litigation.</p> 2013-07-25T16:43:37-04:00 2013-07-29T11:20:07-04:00 target-people.png image/png 16176 2013-07-26T15:07:36-04:00 class-actions 3 3 <h2>COMPLEX LITIGATION</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Analyze Issues & Develop Strategies 1 Construction Law <p><img alt="" src="http://mccagueborlack.com/uploads/practice_areas/10/sl_construction_medium.gif?1274710232" style="float:left; height:79px; margin-left:10px; margin-right:10px; opacity:0.9; width:94px" /></p> <p>Our lawyers&nbsp;are uniquely positioned to provide countrywide legal services on an individual or joint retainer basis for all or any elements of construction claims and related insurance and jurisdictional issues.&nbsp;We provide legal advice and assistance to local, provincial and national clients with respect to all manner of construction issues and disputes including:</p> <p><a name="#construction"></a><strong>Construction Litigation</strong></p> <p>Our lawyers that specialize in construction law provide legal services to financial institutions, insurers, governments, owners, developers, professionals, contractors and suppliers, throughout the country and cover all aspects of construction including:</p> <ul> <li>Contract negotiation and documentation including design contracts, construction contracts, design/build contracts, development agreements, and agreements of purchase and sale</li> <li>Design and construction changes</li> <li>Claims for extras, credits and delay</li> <li>Construction lien disputes</li> <li>Negligence and breach of contract of consultants, inspectors, municipalities and contractors</li> </ul> <p><a name="liability"></a><strong>Liability of Professionals</strong></p> <p>Our Construction Law&nbsp;lawyers have years of experience in aggressively representing architects, engineers, land surveyors, building consultants and other related construction professionals and their insurers. Historically, these lawyers are involved as early as the receipt of a claim letter permitting, if possible, the avoidance of a lawsuit. Early involvement by the individual construction law lawyers permits a thorough investigation and identification of all potential exposures to ensure maximum safeguarding of the clients&rsquo; legal positions.</p> <p>If a lawsuit is unavoidable, the individual&nbsp;lawyers are highly trained to assist their clients in controlling their risk and exposure by retaining experts and by establishing a detailed defence budget and reporting procedures. Experienced representation is then provided throughout the litigation process through conciliation, mediation, arbitration, trial and appeal all with a view to achieving the lowest cost practical solutions to meet the clients&rsquo; business objectives.</p> <p><a name="Construction"></a><strong>Construction Insurance</strong></p> <p>These lawyers&nbsp;are leaders in the insurance field and provide legal advice in regard to project specific insurance policies, builders&rsquo; risk insurance policies, commercial general liability policies and wrap-up liability policies. This includes:</p> <ul> <li>Advice prior to issuance of the insurance policy and ongoing advice directed to upgrading of existing policy wordings</li> <li>Analysis of relevant primary, excess and project policies with a view to determining the insurance coverages available</li> <li>Resolution of claims involving competing coverages.</li> </ul> <p><a name="Bonding"></a><strong>Bonding</strong></p> <p>Bond claims must always be handled in a careful and timely manner. Individual members in the Construction Law Practice Group have a wealth of experience in handling claims under bid bonds, lien bonds, performance bonds, labour and material payment bonds and related instruments including:</p> <ul> <li>Determination of the scope of the bond</li> <li>Validity of the notice under the bond</li> <li>Investigation of the claim under the bond</li> <li>Development of a strategy to ensure the cost effective and timely completion of the work</li> <li>Rapid resolution of the claim</li> <li>Effective prosecution of indemnitors</li> </ul> <p>The construction law lawyers and their firms provide advice and assistance to local, provincial and national clients with respect to all manner of construction issues and disputes.</p> 2013-06-07T10:40:43-04:00 2013-07-29T11:20:42-04:00 construction.png image/png 72052 2013-07-26T15:19:58-04:00 construction-law 1 3 <h2>CONFLICT RESOLUTION</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Litigation & Professional Liability 9 Directors and Officers Liability <p><img alt="" src="http://mccagueborlack.com/uploads/pictures/81/sl_directors_original.gif?1320689447" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" /> Standards for corporate governance and the related liabilities of directors and officers are complex areas of law that are growing apace of the financial scandals within multi-national corporations that are reported daily in the business news media. Regardless of whether corporate indemnification obligations exist, D&amp;O liability insurance is frequently the main recourse.</p> <p>Simple competition amongst insurers influences the basic availability of such coverage, as well as its terms and cost. However, the driving factor is the insurance industry&#39;s perception of the risk itself, as fuelled by this highly-charged media environment.</p> <p>Our group provides:</p> <p><strong>Litigation involving Directors &amp; Officers</strong></p> <p>Members of our D&amp;O Liability Group are able to advise and represent directors and officers and their corporations in many areas of dispute, including:</p> <ul> <li>corporate governance and compliance, and the performance of related duties</li> <li>the defence of directors and officers in the context of litigation, arbitration, and mediation arising from alleged negligence or fraudulent misrepresentation and disclosure, oppression and derivative proceedings, deceptive market practices, violation of securities laws, and other statutory or common law rights of action</li> <li>proactive protection of the rights of directors and officers within and outside of their corporations</li> </ul> <p><strong>D&amp;O Insurance &amp; Risk Management</strong></p> <p>Our D&amp;O Liability Group has a wealth of experience in dealing with insurers, insureds, and brokers in connection with D&amp;O liability insurance products. We are able to provide comprehensive advice and representation across a wide range of complex&nbsp;coveragematters, including:</p> <ul> <li>opinions on specific insurance coverages in the circumstances of specific claims</li> <li>proactive monitoring of underlying D&amp;O or entity claims to protect the interests of insurers</li> <li>assessments of coverage entitlements and exposure arising from statutory or by-law indemnification/reimbursement duties, entity obligations, and the more specific coverage issues associated with non-disclosure and misrepresentation, retentions, defence association, allocation, &quot;entity versus insured&quot;, personal profit, severability, securities claims, outside/inside directors claims, employment practices, and many other matters</li> <li>acting on coverage disputes under direct retainers or in conjunction with foreign and national coordinating counsel</li> <li>explaining the nuances of various available D&amp;O insurance products as they bear on the many and evolving exposures faced by directors and officers</li> <li>drafting new policies or modifying existing policy wordings and endorsements to fit the Canadian marketplace</li> </ul> <p>Our Directors &amp; Officers (D&amp;O) Liability Group advises and represents directors and officers and their corporations in litigation, insurance coverage issues, and risk management strategies.</p> 2013-07-25T16:55:23-04:00 2013-07-29T11:21:05-04:00 moving-people.png image/png 169792 2013-07-26T15:28:35-04:00 directors-and-officers-liability 3 3 <h2>PROACTIVE MONITORING</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Litigation & Risk Management 2 Employment Law <p><img alt="" src="/system/ckeditor/pictures/71/employment_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />Our Employment Law Group is comprised of experienced practitioners across Canada who are available to act for employers or employees on a wide range of legal issues. Our lawyers provide full employment law services, including advice on the drafting of communications and the development of strategies and positions. We also provide representation in legal proceedings, negotiations, mediations, arbitrations, and other forms of dispute resolution.</p> <p>Our lawyers routinely appear for employees and employers at:</p> <ul> <li>Provincial Human Rights Tribunals;</li> <li>Provincial Labour Board;</li> <li>Provincial Courts, including the respective Court of Appeal for each Province</li> </ul> <p>We also provide advice with respect to the Workplace Safety legislation as well as occupational health and safety issues.</p> <p><strong>Services</strong></p> <p>Members of the Employment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination, on various issues that include:</p> <ul> <li>hiring practices and procedures;</li> <li>employment contracts;</li> <li>compensation packages;</li> <li>the application of the applicable provincial Human Rights legislation;</li> <li>issues of sexual and verbal harassment during the course of employment;</li> <li>issues of inequity during employment;</li> <li>practical solutions for employees and employers on their rights and obligations under the&nbsp;relevant employment legislation and at common law;</li> <li>constructive dismissal and wrongful dismissal;</li> <li>evaluation and advice on severance packages;</li> <li>assistance in locating skills assessment offices, retraining programs, and placement&nbsp;consultants for out-placement counselling;</li> <li>defamation issues.</li> </ul> <p>Our Employment Law Group is comprised of experienced practitioners across Canada who are available to act for employers or employees on a wide range of legal issues. Our lawyers provide full employment law services, including advice on the drafting of communications and the development of strategies and positions. We also provide representation in legal proceedings, negotiations, mediations, arbitrations, and other forms of dispute resolution.</p> 2013-06-07T10:42:25-04:00 2013-07-29T15:03:08-04:00 people.png image/png 178171 2013-07-26T15:33:10-04:00 employment-law 1 3 <h2>RIGHTS &amp; OBLIGATIONS</h2> <div class="about_cl">This&nbsp;Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Legal Advice to Employers & Employees 4 Environmental Law <p><img alt="" src="http://mccagueborlack.com/uploads/practice_areas/15/sl_environmental_medium.gif?1274696629" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />CLC lawyers and their firms are available to work independently or, where instructed, in collaboration with one another on the legal aspects associated with environmental pollution. From a legal perspective, there are three crucial elements to an environmental loss:</p> <p><strong>Coverage</strong></p> <p>A primary concern of the Insurer and Insured is to what extent, if any, a particular environmental loss is covered by insurance. Since CLC law firms&nbsp;specialize in providing insurance related services, they all have expertise in coverage issues and are qualified to provide:</p> <ul> <li>legal analysis of all of the relevant primary, excess and umbrella policies in force with a view to determining the coverage available</li> <li>legal advice on loss prevention measures and loss control procedures</li> <li>analysis of coverage provisions prior to issuance of the policy</li> <li>ongoing advice directed to upgrading existing policy wordings.</li> </ul> <p><strong>Remediation</strong></p> <p>The individual firms and&nbsp;lawyers of CLC are available, as well, to assist with site remediation activities including:</p> <ul> <li>developing and implementing remediation plans</li> <li>negotiating acceptance of the remediation plan with Ministry officials</li> <li>negotiating settlements with injured third parties</li> <li>liaising with local authorities, the public and the media.</li> </ul> <p>These remediation programs include:</p> <ul> <li>site excavation</li> <li>containment and treatment of contaminants</li> <li>pump removal and/or flushing of contaminants.</li> </ul> <p>Throughout this process, the independent law firms work with appropriate experts and investigation teams, all of whom form an integral part of the remediation program.</p> <p><strong>Defence/Recovery</strong></p> <p>The third critical element of concern is to ensure that the potential for Defence/Recovery is given utmost priority from first notification of the loss. This includes:</p> <ul> <li>determining the precise cause and source of the loss as quickly as possible</li> <li>the development and preservation of relevant evidence.</li> </ul> <p>Each CLC law firm&nbsp;has&nbsp;acted for and against numerous parties that have caused or contributed to environmental losses, including:</p> <ul> <li>previous owners of the land</li> <li>owners of the contaminant, the land and/or the containers from which the contaminant escaped</li> <li>polluting corporations and their officers and directors</li> <li>lending institutions, manufacturers, distributors and suppliers of defective equipment</li> <li>installers who improperly installed the equipment.</li> </ul> <p>CLC Counsel is&nbsp;uniquely positioned to provide Canada-wide legal assistance with regard to all the elements of an environmental loss and related coverage issues.</p> <p>The Environmental Law Practice Group is composed of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel. These lawyers and their firms are available to work independently or, where instructed, in collaboration with one another on the legal aspects associated with environmental pollution. From a legal perspective, there are three crucial elements to an environmental loss:</p> 2013-06-10T11:48:14-04:00 2013-07-29T15:03:33-04:00 environmental.png image/png 278792 2013-07-29T11:07:49-04:00 environmental-law 1 3 <h2>INDEPENDENT&nbsp;<br /> OR JOINTLY</h2> <div class="about_cl">This&nbsp;Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true 10 General Casualty & Special Risks <p><img alt="Risk" src="/system/ckeditor/pictures/73/large_sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />CLC&#39;s largest and most active practice group is an experienced team of professionals who provide a full range of litigation and advisory services in all lines of general casualty and special risks. We regularly act for primary insurers, excess and umbrella insurers, insurance pools, liability programs, and for insurers, with substantial self-insured retentions and deductibles.</p> <p>these independent lawyers and firm&#39;s&nbsp;have extensive experience in appearing at all levels of courts in these matters, and with the large number of lawyers involved in the group, there is always a lawyer available with the right experience to efficiently and effectively handle any form of general liability or special risk matter. In addition, CLC&#39;s 24/7 emergency call centre is available in the event of a catastrophic loss or for general legal advice at all times.</p> <p>Services provided:</p> <p><strong>Coverage</strong></p> <p>Complete coverage advice is provided on a broad range of liability policy wordings and endorsements, including comprehensive general liability policy wordings and special policy wordings intended to provide coverage for all forms of general casualty and special risk lines of business.</p> <p><strong>Liability Defence</strong></p> <p>CLC members have extensive experience in a broad range of general casualty and special risk claims, including the following:&nbsp;</p> <table align="top" border="0" cellpadding="10" cellspacing="10"> <tbody> <tr> <td>abuse liability<br /> agricultural liability<br /> amusement park liability<br /> ecclesiastical exposures<br /> elevator liability<br /> equine/equestrian liability<br /> exporters/importers liability<br /> fitness club liability<br /> food and beverage liability<br /> garage liability<br /> government liability<br /> heavy equipment and machinery liability<br /> home inspector liability<br /> life sciences liability<br /> liquor liability (commercial host, social host,&nbsp;tavern)</td> <td>logging and lumberjack liability<br /> maintenance contractor liability<br /> malicious prosecution<br /> media liability<br /> occupier&rsquo;s liability<br /> park liability<br /> patient care liability<br /> police services liability<br /> recreation facility/campground liability<br /> retail sales (retailer) liability<br /> school board liability<br /> security guard liability<br /> ski hill and resort liability<br /> sports liability<br /> trailer park liability&nbsp;</td> </tr> </tbody> </table> <p><strong>Risk Management</strong></p> <p>The most efficient method of limiting liability is through effective risk management techniques and strategies. CLC&#39;s group of highly trained lawyers provide a complete range of risk management advice on methods of limiting liability exposure including:</p> <ul> <li>establishment of appropriate protocols and procedures</li> <li>drafting and interpreting bills of lading, lease agreements and other contractually related documentation</li> <li>development of manuals and handbooks</li> <li>training of employees</li> <li>utilization of incident reports and special contractual provisions designed to restrict liability exposure</li> <li>development of privacy legislation procedures and protocols</li> <li>co-ordinating claims between insurer and insureds where there is a significant deductible or self-insured retention</li> <li>advising on claims that are in excess of policy limits</li> </ul> <p>Our Group provides a full range of litigation and advisory services in general casualty and special risks. Our 24/7 emergency call centre is available in the event of a catastrophic loss or for general legal advice at all times.</p> 2013-07-25T17:03:57-04:00 2013-07-29T11:57:53-04:00 large.png image/png 134962 2013-07-29T11:57:53-04:00 general-casualty-special-risks 3 3 <h2>24/7 AVAILABILITY</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true The Largest and Most Active Practice Group 3 Insurance Coverage <p><img alt="" src="/system/ckeditor/pictures/77/insurance-risk_sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />CLC lawyers and their firms are available to work independently or, where instructed, in collaboration with one another in the increasingly complex area of policy drafting, coverage opinion work, and related coverage litigation or other dispute resolution techniques. From a legal perspective, there are three elements to a coverage risk management program:</p> <p><strong>Scope Of Services</strong></p> <p>The Coverage Group&rsquo;s legal services to the insurance and risk management community include:</p> <ul> <li>drafting new or revised wordings</li> <li>coverage advice and analysis on claims</li> <li>representation on applications to determine coverage or defend actions on the policy</li> <li>selection of appropriate experts and consultants to advise on coverage related analysis (accountants, engineers, industry underwriting professionals)</li> <li>advice on new jurisprudence, statutory developments and other legal or industry developments in the area of insurance coverage</li> </ul> <p>Coverage retainers must be sensitive to legal developments across Canada and in the leading U.S. jurisdictions. The Coverage Group strives to stay attuned to the latest in trends thus providing clients with the very best in coverage advice and representation.</p> <p><strong>First Party Coverage Issues</strong></p> <p>First party coverage disputes between insurer and policyholder arise in many forms including those covering:</p> <ul> <li>commercial property &amp; business interruption/lost profits</li> <li>boiler &amp; machinery</li> <li>priority of loss disputes between Property and B&amp;M carriers</li> <li>fidelity bond, surety and crime</li> <li>personal lines property</li> <li>Practice (e-commerce, product recall etc.)</li> </ul> <p><strong>Third Party Coverage Issues</strong></p> <p>Third party liability coverage issues and disputes between insurer and policyholder or between two or more insurers or reinsurers include:</p> <ul> <li>duty to defend analysis</li> <li>allocation of defence costs and indemnity payments</li> <li>trigger of coverage and multiple year &ldquo;long tail&rdquo; analysis</li> <li>&ldquo;other insurance&rdquo; issues on co-primary same coverage and different primary forms (CGL/E&amp;O/D&amp;O)</li> <li>single year and multi-year excess/umbrella layer analysis</li> <li>bad faith handling and resolving conflict of interest scenarios</li> <li>declaratory proceedings to determine obligations to policyholders or as between insurers on the same risk</li> <li>reinsurance treaty disputes on aggregate and individual loss payments</li> </ul> <p>The independent affiliated firms of Canadian Litigation Counsel are uniquely positioned to provide Canada-wide legal services on an individual or joint retainer basis for all or any elements of a coverage risk management program, whether from a policyholder, insurer or reinsurer perspective.</p> <p>The Coverage Law Practice Group is composed of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel. These lawyers and their firms are available to work independently or, where instructed, in collaboration with one another in the increasingly complex area of policy drafting, coverage opinion work, and related coverage litigation or other dispute resolution techniques. From a legal perspective, there are three elements to a coverage risk management program:</p> 2013-06-10T11:47:00-04:00 2013-07-29T15:02:13-04:00 insurance-risk.png image/png 79516 2013-07-29T14:59:12-04:00 insurance-coverage 1 3 <h2>INDEPENDENT<br /> OR JOINTLY</h2> <div class="about_cl">This&nbsp;Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true FIRST OR THIRD PARTY COVERAGE ADVICE 5 Products Liability <p><img alt="" src="/system/ckeditor/pictures/74/stuff_sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />Practice Group members are available to directly represent Insurers and Product Manufacturers with respect to all manner of products liability issues. Where specifically instructed, Practice Group members from separate Canadian Litigation Counsel firms are also available to work in conjunction with one another to provide co-ordinated services in respect of products liability issues with multi-jurisdictional ramifications.</p> <p>The independent affiliated firms of CLC&nbsp;are uniquely positioned to provide Canada-wide legal assistance with regard to all aspects of product liability law.</p> <p>The services provided can be broadly broken down as follows:</p> <p><strong>Risk Management</strong></p> <p>The most effective means by which to limit the potentially devastating impact of products liability claims is to avoid them in the first place. Practice Group members are available to provide advice and assistance to Product Manufacturers with respect to a wide range of risk management initiatives, including:</p> <ul> <li>audits of existing risk management systems</li> <li>review and development of quality assurance protocols</li> <li>review and development of document retention procedures</li> <li>review and revision of product sale contracts</li> <li>review and development of loss and claims management protocols</li> </ul> <p><strong><a name="Coverage"></a>Coverage</strong></p> <p>Coverage issues must always be handled in a careful and timely manner. In products liability claims, particularly those arising out of &ldquo;long-tail exposures&rdquo;, the coverage issues are often very complex.</p> <p>As insurance defence firms, each of the independent member firms of the Canadian Litigation Counsel have considerable experience and expertise in insurance coverage issues. The members of the Products Liability Practice Group are available to provide advice and assistance with respect to all manner of coverage issues which impact upon products liability claims, including:</p> <ul> <li>analysis of &ldquo;trigger theories&rdquo; in the context of occurrence based coverage</li> <li>own product and work performed exclusions</li> <li>profession errors and omissions exclusions</li> <li>recall (or &ldquo;sistership&rdquo;) exclusions</li> </ul> <p>Practice Group members are also available to provide:</p> <ul> <li>legal analysis of all the relevant primary, excess and umbrella policies in force with a view to determining the coverage available</li> <li>analysis of coverage options prior to the issuance of a policy</li> <li>ongoing advice directed to upgrading existing policy wordings</li> </ul> <p><strong><a name="Defence"></a>Defence and Subrogation</strong></p> <p>The members of the Products Liability Practice Group also have a wealth of experience in aggressively representing their respective clients in defence and subrogation matters.</p> <p>Each of the individual lawyers in the Practice Group recognizes the need to achieve technical proficiency in the design and manufacture issues relevant to a partic-ular claim. So too, is there a recognition of the need in defence matters to work closely with the Product Manufacturer to defend the reputation of the product and to control negotiation and litigation precedents which may impact upon future claims.</p> <p>As with any litigation, however, products liability litigation must be cost effective and timely. Accordingly, all Practice Group members are committed to utilizing litigation practices which are geared towards proactive measures and innovative solutions.</p> <p>Where a Product Manufacturer is facing claims in multiple jurisdictions, it requires carefully co-ordinated and consistently implemented defence strategies. When instructed to do so, Practice Group members from the independent law firms of the Canadian Litigation Counsel are able to work in close collaboration with one another to provide such co-ordination and consistency.</p> <p>In those jurisdictions where there is class action legislation, Practice Group members are conversant with all procedural and substantive issues which impact upon defending class action claims.</p> <p>The Products Liability Practice Group is comprised of knowledgeable and experienced products liability lawyers practicing with the independent affiliated law firms that comprise the Canadian Litigation Counsel. Practice Group members are available to directly represent Insurers and Product Manufacturers with respect to all manner of products liability issues. Where specifically instructed, Practice Group members from separate Canadian Litigation Counsel firms are also available to work in conjunction with one another to provide co-ordinated services in respect of products liability issues with multi-jurisdictional ramifications.</p> 2013-06-10T11:49:06-04:00 2013-07-29T15:04:21-04:00 stuff.png image/png 104556 2013-07-26T16:51:23-04:00 products-liability 1 3 <h2>RISK MANAGEMENT</h2> <div class="about_cl">This&nbsp;Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Representing Insurers & Product Manufacturers 11 Professional Liability <p><img alt="" src="/system/ckeditor/pictures/75/head-gears_sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />Professionals today face tremendous pressure from demanding clients. The news media frequently carry stories about large errors and omissions (E&amp;O) claims brought against professionals who were &quot;only trying to do their jobs&quot;.</p> <p>Our CLC lawyers respect the hard work of our professional clients, and strive to protect their reputations while minimizing their financial exposure.&nbsp;We have experience in all aspects and phases of professional liability issues, ranging from&nbsp;risk management&nbsp;through to&nbsp;dispute resolution. We have represented professionals in numerous fields, including:</p> <table cellpadding="10" cellspacing="10" style="width:100%"> <tbody> <tr> <td> <p>Accountants and Auditors<br /> Adjusters<br /> Architects<br /> Chiropractors<br /> Directors and Officers<br /> Engineers<br /> Financial Planners/Advisors<br /> Health Care Practitioners<br /> Home Inspectors</p> </td> <td> <p>Insurance Agents and Brokers<br /> Interior Design Professionals<br /> Lawyers<br /> Nurses<br /> Private Investigators<br /> Real Estate Agents and Brokers<br /> Receivers and Trustees<br /> Veterinarians</p> </td> </tr> </tbody> </table> <p><strong>Litigation</strong></p> <p>The CLC independant lawyers act on a full range of matters that involve professional liability exposures, including those involving design, manufacturing,&nbsp;construction, inspection, and maintenance errors,pollution exposures, disciplinary procedures, quasi-criminal allegations, inquests,employment practices, and&nbsp;libel and slander. Some of our files involve&nbsp;class actionsthat are extremely complex, with highly technical issues, voluminous documentary productions, and extensive damage claims.</p> <p><strong>Risk Management</strong></p> <p>These lawyers also&nbsp;have given numerous &ldquo;smell-the-coffee&quot; seminars to our clients and professional organizations. We proactively assist in reviewing and drafting contract wordings and exculpatory clauses, and thereafter negotiate the wordings of contracts with the involved parties on given projects. We represent professionals in investigations and disciplinary hearings. Throughout, our skilled negotiators explore and utilize&nbsp;alternative dispute resolution (ADR)&nbsp;processes to minimize the financial, reputational, and time impact of these processes on our clients. Finally, we also assist insurers in drafting policy wordings, special endorsements, and exclusions for their various program&nbsp;coverages.</p> <p>Our Group has experience in all aspects and phases of professional liability concerns, from risk management through to dispute resolution. We respect the hard work of our professional clients, and strive to protect their reputations while minimizing their financial exposure.</p> 2013-07-25T17:14:37-04:00 2013-07-29T15:04:46-04:00 head-gears.png image/png 82273 2013-07-26T14:45:58-04:00 professional-liability 3 3 <h2>RISK MANAGEMENT</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Professionals Under Pressure 12 Property Insurance <p><img alt="" src="/system/ckeditor/pictures/72/property-sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />Our Property Insurance Group has expertise in all classes of commercial and personal lines property insurance, including &quot;all risks&quot; and &quot;named perils&quot; commercial property, boiler and machinery, builders risk, course of construction, special risks, inland marine, and homeowners.</p> <p>Working closely with insurers and professionals in the adjusting, engineering, construction, accounting, environmental, technology, investigation, and management communities, the members of this group are dedicated to providing our clients with the necessary assistance to promptly investigate and assess&nbsp;coverage&nbsp;for virtually any first party property damage and/or time element/business interruption claim.</p> <p><strong>Services</strong></p> <p>Our lawyers provide a range of services on a time-sensitive basis, including:</p> <ul> <li>attending, when and where required, on any loss to assist in the investigation and preservation of critical evidence;</li> <li>ascertaining the required expertise and marshalling the appropriate human resources to determine the origin and cause of the loss;</li> <li>providing opinions on&nbsp;policy coverage application;</li> <li>representing insurers in&nbsp;coverage disputes; and</li> <li>aggressively pursuing&nbsp;subrogated recovery&nbsp;in a timely and cost-effective manner.&nbsp;</li> </ul> <p>Members of the Property Insurance Group also enjoy a solid reputation for their ability to work with representatives of various municipal, provincial, and federal regulatory agencies (i.e. the Technical Standards and Safety Authority, and federal, provincial, and municipal police forces). This positive relationship is essential to ensure that the interests of our clients are properly protected in the aftermath of a loss.</p> <p>Our Group has expertise in all classes of commercial and personal lines property insurance. We are dedicated to providing our clients with the necessary assistance to promptly investigate and assess coverage for virtually any first party property damage or time element/business interruption claim.</p> 2013-07-25T17:17:29-04:00 2013-07-29T11:32:23-04:00 property.png image/png 240225 2013-07-29T11:32:22-04:00 property-insurance 3 3 <h2>TIME SENSITIVE</h2> <div class="about_cl">This&nbsp;Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true 6 Subrogation <p><img alt="" src="http://mccagueborlack.com/uploads/pictures/97/sl_subrogation_original.gif?1320690796" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />CLC lawyers have an in-depth knowledge of insurance with broad and varied advocacy experience that places CLC at the forefront of Canadian law firms.</p> <p>Members of the Subrogation Practice Group litigate claims in contract, tort and equity, and provide clients with professional and aggressive representation focused on timely and cost effective subrogated recovery.</p> <p>Working closely with insureds and professionals in the adjusting, engineering, construction, environmental, banking, technology, accounting and management communities, Practice Group members are able to formulate innovative strategies that utilize the skills and expertise required to achieve consistent success.</p> <p><strong>All-Lines Recovery Capability</strong></p> <p>The individual lawyers and firms of the CLC Subrogation Practice Group have the experience, capability and tenacity to pursue subrogated recovery arising out of a wide array of insurance coverages, including:</p> <ul> <li>first party property</li> <li>crime and fidelity</li> <li>marine</li> <li>guarantee and surety</li> <li>specialty lines</li> </ul> <p>Subrogation Practice Group members also pursue rights of equitable subrogation against other insurers in the context of concurrent and overlapping coverage, as well as</p> <ul> <li>primary and excess relationships.</li> <li>on-site and at-the-scene attendance, where appropriate, to preserve evidence and control investigation</li> <li>retention of and close collaboration with experts</li> <li>effective liaison with extra-provincial and international lawyers, and legal and regulatory authorities</li> <li>implementation and utilization of state-of-the-art technology</li> <li>cost effective utilization of legal resources</li> <li>adoption of appropriate alternative dispute resolution options</li> </ul> <p><strong>Comprehensive Service</strong></p> <p>The Subrogation Practice Group understands the value of time and money, and the importance of expeditious resolution. This requires early identification and analysis of potential subrogation targets, the effective collection of evidence, and the implementation and pursuit of appropriate recovery strategies. The lawyers and their firms provide the following services to ensure these goals are achieved:</p> <p><strong>Flexible Funding Arrangements</strong></p> <p>Working together with clients, lawyers in CLC&#39;s independent affiliated law firms develop an d implement funding arrangements appropriate to the size and complexity of the case and needs of the client. As well, members of the SubrogationPractice Group are skilled in the negotiation and drafting of joint-loss pursuit and pro-rata recovery agreements.</p> <p>Canadian Litigation Counsel&#39;s Subrogation Practice Group is comprised of experienced lawyers from all of our affiliated member firms. These lawyers and their firms combine an in-depth knowledge of insurance with broad and varied advocacy experience that places CLC at the forefront of Canadian law firms.</p> <p>Members of the Subrogation Practice Group litigate claims in contract, tort and equity, and provide clients with professional and aggressive representation focused on timely and cost effective subrogated recovery.</p> 2013-06-10T11:49:42-04:00 2013-07-29T15:05:58-04:00 subrogation.png image/png 27490 2013-07-26T17:01:31-04:00 subrogation 1 3 <h2>EXPERIENCE &amp; TENACITY</h2> <div class="about_cl">This&nbsp;Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Indepth Knowledge of Insurance 7 Transportation Law <p><img alt="" src="/system/ckeditor/pictures/76/transport_sm_original.png" style="float:left; height:79px; margin-left:10px; margin-right:10px; width:94px" />CLC lawyers and their firms are available to work independently or, where instructed, in collaboration with one another on the legal aspects associated with transportation.</p> <p><strong>Coverage</strong></p> <p>A primary concern of the Insurer and Insured is to what extent, if any, a particular transportation claim is covered by insurance. Since the independent CLC law firms specialize in providing insurance related services, they all have expertise in coverage issues and are qualified to provide:</p> <ul> <li>legal analysis of all of the relevant primary, excess and umbrella policies in force with a view to determining the coverage available</li> <li>legal advice on loss prevention measures and loss control procedures</li> <li>analysis of coverage provisions prior to issuance of the policy</li> <li>ongoing advice directed to upgrading existing policy wordings</li> </ul> <p><strong>Defence/Recovery</strong></p> <p>CLC lawyers are experienced in the following matters:</p> <ul> <li>Personal injury claims</li> <li>Death claims</li> <li>First Party property claims</li> <li>Cargo claims</li> <li>Cargo subrogations</li> <li>Aviation losses</li> <li>Marine losses</li> <li>Environmental claims</li> <li>Warehousing matters</li> <li>Jurisdictional issues</li> <li>Interpretation of transportation contracts and Bills of Lading</li> </ul> <p><strong>Services</strong></p> <p>CLC lawyers are also available to provide many services other than purely defence/recovery matters.</p> <ul> <li>Lawyers are available to present seminars on specific issues to clients</li> <li>Periodic newsletters on new developments and case law</li> <li>Detailed bordereau reporting</li> <li>Legal advice on loss prevention measures and loss control procedures</li> <li>Review and development of loss and claims management protocols</li> <li>Complete in-house counsel services including claims review and auditing</li> <li>Access to legal specialists throughout the United States and in Europe for collaboration, investigation, depositions and for legal analysis of jurisdictional and other issues</li> </ul> <p>The Transportation Law Practice Group is composed of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel. These lawyers and their firms are available to work independently or, where instructed, in collaboration with one another on the legal aspects associated with transportation.</p> 2013-06-10T11:50:24-04:00 2013-07-29T13:55:19-04:00 transport.png image/png 47810 2013-07-29T13:54:25-04:00 transportation-law 1 3 <h2>JOINTLY OR INDEPENDENT</h2> <div class="about_cl">This Practice Group is made up&nbsp;of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.</div> true Coverage, Defense/Recovery