Defence of Professionals (E&O)

Our firm provides E&O defence work to several insurance companies, and we pride ourselves on our experience and results in this area.

We frequently represent construction professionals including architects, engineers (mechanical, civil, electrical and geotechnical), construction managers and general contractors. Our finance professional clients include chartered professional accountants (CPAs), certified management accountants, certified general accountants, chartered business valuators, insurance professionals, mortgage brokers and financial planners.

In particular, our work has included:

• Managing multi-party disputes by instigating defence group strategy meetings under carefully drafted agreements to maintain privilege and using the Rules of the Court for case management;
• Summary judgment motions, including a three day motion to have a claim dismissed for being out of time;
• Trials, including a 64 day trial against a business valuator and firm (dismissed with costs) and a 25 day trial against a construction remediation company (dismissed with costs);
• Conducting numerous chambers applications with respect to obtaining document production, security for costs, and answers to questions from examinations for discovery, and seeking leave to continue an action against a bankrupt party for insurance (who was alleged to have committed fraud) etc.;
• Retaining experts to provide technical non-legal opinions as part of the defense strategy;
• Conducting and defending examinations for discovery, including, for example, conducting discoveries in a complex multi-party construction dispute of many defendants to substantially reduce client’s  exposure;
• Advocating for clients in alternative dispute resolution procedures to secure a consensual resolution; and
• Assisting professionals in responding to complaints from their professional bodies.