Making problems go away (legally).
Look to our service-oriented legal team to handle all types of insurance issues.
SBA Lawyers LLP is a full-service insurance defence and risk management firm. With offices in Toronto, Kitchener/Waterloo, and London, the team at SBA delivers service across Southwestern Ontario and the GTA. We are experienced and dedicated to all matters of insurance defence including litigation, insurance advisory, risk management, subrogation, fraud investigations, loss transfer and priority disputes, complex matters and a full range of legal services.
Auto Insurance
We handle auto accident benefits, property, and bodily injury claims. We have successfully represented insurers and their insureds on motions and trials (both jury and non-jury) at the Superior Court and also have substantial experience at the Court of Appeal. We have lawyers with expertise in complex and catastrophic SABS claims, and have successfully represented insurers before the LAT and Judicial Review. One of our lawyers literally wrote the book on the SABS and another has written a book on auto coverage. We also write regular blogs on topics of interest in this area.
Commercial General Liability
We defend a wide range of commercial general liability (CGL) claims. These may include various forms of property damage, financial loss, construction issues, and personal injury. Our lawyers are experienced in the complex negligence and contractual liability issues that CGL claims demand. We also provide coverage opinions for clients on these matters such as the duty to defend.
Coverage and Policy Wording
We have experience acting for both insurers and corporate policyholders in complex insurance coverage matters. We deal with all types of insurance coverage, including commercial general liability, errors and omissions, directors and officers, automobile, and homeowners policies. In addition to providing coverage opinions, we have experience with insurance appraisals and litigating coverage matters.
Cross-Border Claims
We work closely with Ontario insurers when their insureds get into trouble anywhere in Canada or the U.S. (or beyond). Out-of-Ontario companies also call us when their claims have an Ontario component. We understand the intricacies of multijurisdictional insurance issues and advise our clients about their rights and obligations at home and abroad. When appropriate, we collaborate with lawyers and adjusters located in other jurisdictions (such as New York, Florida, Michigan, Georgia, Manitoba, Quebec, etc), allowing us to get quick answers to questions involving another jurisdiction.
Cyber Liability and Privacy
We have experience in cases involving privacy and cyber security breaches. Our lawyers provide legal and risk management advice on a wide array of privacy/cyberliability issues. We are able to assist in the initial development of cyber security systems; minimize the exposures from data breaches; provide coverage opinions; defend cyber and privacy claims; and represent insureds in privacy tort actions.
Disability Claims
We assist disability insurers with timely and effective advice on complex handling issues and the resolution of disputes with via mediation or litigation.
E&O / D&O Claims
We defend clients in a broad array of Directors and Officers (D&O) and Professional Errors and Omissions (E&O) liability claims. The types of claims we defend include breach of fiduciary duty, claims for oppression remedies, derivative actions, fraudulent misrepresentation, mismanagement, and negligence, amongst others. We act in litigation and are also available to provide coverage opinions with respect to D&O and E&O liability insurance policies.
Employment Practice Liability
Employment Practice Liability Policies, often called HR Malpractice Insurance, provide coverage for a wide variety of employment practice claims arising from wrongful dismissal, harassment, human rights complaints and non-competition clauses. Our insurance and employment lawyers work with insurers, policy holders, management, HR professionals, and in-house counsel to provide effective, timely, and practical advice in this specialty area.
First Party Property
Sometimes first party property claims don’t go as planned. Our lawyers advise insurers on how to best manage complex claims. This can include coverage analyses and investigation, such as an examination under oath to determine the scope of coverable claims. When a dispute arises our lawyers understand how to protect the insurer’s interests while maintaining obligations to the insured. We can also assist insurers with the appraisal process where appropriate.
Fraud and Misrepresentation
We have a team of lawyers who specialize in investigating fraudulent accidents and misrepresentation. Our lawyers assist insurers by conducting Examinations under Oath, providing coverage opinions, and representing them in the appropriate legal proceeding.
Human Rights
We have significant experience in the area of Human Rights litigation and in defending Applications made before the Human Rights Tribunal of Ontario (HRTO). Our Human Rights practice includes discrimination claims made against condominium corporations, directors and property managers. We have specialty knowledge in successfully dismissing frivolous Applications made before the HRTO by way of the Summary Hearing process.
Loss Transfer and Priority Disputes
We have considerable expertise in handling priority and loss transfer disputes between insurers. Our lawyers have argued numerous cases in this area at arbitration and appeal levels. We also consult with clients early in the claims process to maximize loss transfer/priority returns and minimize risks.
Product Liability
Product liability claims arise from allegedly defective products and can include a wide range of legal issues from defective design/manufacturing to failure to warn claims. Our team has expertise both defending and pursuing product liability claims, which gives us a unique insight into the challenges faced in these claims for insurers and all parties involved in the manufacture, distribution and sale of these products.
Professional Liability
We have experience in defending professional liability claims including negligence claims against chiropractors, massage therapists, engineers, architects and other professionals alleged to have arisen from breaches of duty of care and breaches of contract. Our approach is to analyze the details of the case, consider the unique aspects of our client’s position, and to provide strategic legal counsel based on both short and long term goals. Our professional negligence team both defends the interests of the client as well as protects their professional reputations.
Risk Management
We frequently advise insurers and businesses on various risk management strategies and solutions.
Subrogation
Subrogation is an important means of recovery for the insurer. We have expertise in subrogation matters involving product liability, negligent workmanship, and contractual liability issues.
Trucking and Cargo
We provide consulting and litigation services for losses involving trucks, trailers, and cargo. Claims may relate to the application of exclusions, theft, and fraud/misrepresentation.
WSIB Claims
We have a vast experience in commencing “Right To Sue Applications” under section 31 of the Workplace Safety and Insurance Act. Our lawyers have commenced several applications with the Workplace Safety Insurance Appeals Tribunal to determine whether a Plaintiff’s right to sue is prohibited by the Workplace Safety and Insurance Act. Also, our lawyers are specifically retained by insurers to determine whether an Applicant is able to elect and pursue an accident benefits claim in circumstances where coverage for WSIB benefits also applies.
More importantly, our advice is always efficient, practical, and focused.
Leading lawyers. Leading texts.
