IIBC: Trending Topics in Tort Law: Occupiers’ Liability (Commercial & Personal Lines) – (Victoria)

Occupiers’ liability is a large exposure for many insureds. We will explore the recent trends and case law developments as they apply to this area of insurance. Join our team of legal experts from Dolden Wallace Folick LLP as they discuss the trends in damage awards for bodily injury claims and provide an overview of developments regarding the enforceability of waivers in an occupiers’ liability context.

SEMINAR OBJECTIVE

• Discuss the factors considered by the court in deciding whether occupiers are liable 
• Define “occupier” for the purposes of the Occupiers’ Liability Act
• Review the duty of care owed by occupiers
• Summarize defences available to occupiers
• Provide practical tips for defending occupiers’ liability claims
• Review trends in bodily injury claims and factors that will inflate damages significantly
• Provide practical tips for identifying claims that may result in bigger losses
• Identify creative heads of damage that may be asserted by Plaintiff’s counsel and which heads have received judicial ‘traction
• Summarize what to expect in actions involving multiple claims and tortfeasors
• Provide tips for minimizing exposure on complex claims
• Discuss the evolving legal landscape relating to liability waivers – what they must include to be effective – and when they will not be effective
• Understand the importance of a properly implemented “waiver protocol” as a key aspect of enforceability
• Consider the issues relating to waivers executed by or on behalf of minors

SEMINAR PRESENTERS from Dolden Wallace Folick LLP

Andrew Breen, Partner
Andrew’s practice is focused on insurance defence litigation including construction claims, professional liability, product liability, property damage, personal injury, occupiers’ liability, liquor liability and coverage matters. He also advances subrogated claims on behalf of insurers, including with respect to fire losses, flooding and construction deficiencies.

Diana Dorey,  Partner
Diana advises insurers on complex coverage issues on various types of insurance policies includeing: CGL, Motor Vehicle, Errors & Omissions, EIL and has undertaken reviews of policy wordings.

Michael Bellomo, Partner
Michael’s practice is focused on complex personal injury actions, including occupiers’ liability claims, commercial host liability, professional negligence and sport and recreation injuries. Michael also has significant experience in human rights, defamation and employment law matters. 

Time: 1:00 – 4:15pm

Number of Continuing Education Credits: 3 Technical
Please be aware that tardy arrival or early departure to/from the seminar will preclude IIBC from issuing a CE certificate for this seminar.

Fees:
$125  CIP Society Members (Graduates)
$150  IIBC Members
$230 Non-Members (includes IIBC membership expiring May 31, 2018)
The price for this seminar includes coffee service, light snacks and GST.

Registration Deadline: Thursday, November 24 

If you have any questions or want to register a group, please contact Donna Salahor at 1.250.216.9393