79: Insurance Law (Dennis Ong) - November 9, 2022

On this episode, we chat about insurance law with Dennis Ong, Aviva trial lawyer and Deputy Judge of the Small Claims Court

Topics: the meaning of physical damage, delays and civil juries; third-party litigation funding; and our Ask-Me-Anything segment.

Full Episode (54:40) Download      Transcript

⚫ What is the plain and ordinary meaning of the words “physical damage”? (8:57)
⚫ What role does delay play in a court’s decision to strike a civil jury ? (17:58)
⚫ How does an adverse costs award impact a party that has engaged a third-party litigation funder? (28:01)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:18)
🔵 How does insurance law differ from “conventional” civil litigation? (38:08)
🔵 What are some of the considerations for lawyers retained by an insurance company (compared to another institutional client)? (39:31)
🔵 What is the practical meaning and implication(s) of the “duty to defend”? (41:47)
🔵 How have the amendments to Rule 76 of the Rules of Civil Procedure impacted the insurance law bar? (44:16)
🔵 What are some tactical approaches to providing risk-based advice as a lawyer? (47:09)

1. The Meaning of “Physical Damage” (11:57) Download

MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594

2. Jury Trials During COVID-19 (13:06) Download

Louis v. Poitras, 2021 ONCA 49

3. Third-Party Litigation Funding  (12:20) Download

Davies v. The Corporation of the Municipality of Clarington, 2021 ONSC 6449

4. Ask-Me-Anything: Insurance Law (17:08) Download

🔵 How does insurance law differ from “conventional” civil litigation?
🔵 What are some of the considerations for lawyers retained by an insurance company, as opposed to by another institutional client?
🔵 What is the practical meaning and implication(s) of the “duty to defend”?
🔵 How have the amendments to Rule 76 of the Rules of Civil Procedure impacted the insurance law bar?
🔵 What are some tactical approaches to providing risk-based advice as a lawyer?  

About the Guest:


Dennis Ong is senior litigation counsel at the downtown Toronto office of Aviva Trial Lawyers.

His area of practice has always been exclusively in the area of insurance defence litigation, with a specialized focus on Commercial General Liability, occupier’s liability, property and casualty, motor vehicle accidents, property damage, municipal liability, sporting liability and insurance coverage litigation. Dennis has litigated both jury and non-jury cases, has conducted trials, and has argued numerous complex coverage Applications, both in-person and virtually. He has successfully appeared before the Court of Appeal for Ontario, the Divisional Court, the Superior Court of Justice, the Ontario Court of Justice, the Small Claims Court, the Financial Services Commission of Ontario and the Workplace Safety and Insurance Appeals Tribunal.

He also holds the position of Chair of the OBA Insurance Law Executive, and has been recognized through the Federation of Asian Canadian Lawyers (FACL) for his dedication to mentoring junior lawyers in the profession.

Dennis is a frequent speaker and moderator of CPD programming in the profession in the areas of substantive law, professionalism, and diversity. Dennis is also a substantive legal author whose recent work has been published in the Annual Review of Civil Litigation (2021). In 2021, Dennis was appointed as a Deputy Judge of the Small Claims Court for the Central East Region of the Superior Court of Justice.

Dennis‘s Full Bio
Dennis’s Email Address

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