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APR 2019
EDITION
event recap:
2019 curling bonspiel
PAGE 09.
bylaw updates & important changes
to the donald m. stuart award
nomination process
PAGE 08.
E
NAGEMENT
LS
A
U
IS K M
P
T O F R
E
THE HEART B E A
TH BOARD OF DIRECTORS
Valerie Fox, PRESIDENT / Colleen Bryan, VICE PRESIDENT / Mark Cosgrove, TREASURER / Tanya Diedrick, SECRETARY
James Eka, DIGITAL COMMUNICATIONS / Gloria Dang, EVENTS / Cindy Chan, INDUSTRY RELATIONS
Helen Trajanos, EDUCATION / Michelle Drew, PROFESSIONAL DEVELOPMENT / Roman Parzei, MEMBER RELATIONS
Tina Gardiner, PAST PRESIDENT & *COMMUNICATIONS *Acting
ABOUT ORIMS
INCORPORATED IN 1960, ORIMS IS THE LARGEST RIMS CHAPTER IN CANADA.
WE ARE A VOLUNTEER-BASED ORGANIZATION. ORIMS HOLDS REGULAR SOCIAL EVENTS, PROFESSIONAL
DEVELOPMENT SESSIONS AND NETWORKING OPPORTUNITIES FOR MEMBERS THROUGHOUT THE YEAR.
LEARN MORE ABOUT US: ONTARIORIMS.ORG
what’s in this edition
TABLE OF CONTENTS
president’s message:
making moves
PAGE 01.
how does the new trade deal impact
the insurance industry
PAGE 02.
trade deals and their impact on
business interruption loss calculations
PAGE 03.
this research can help defend slip
and fall claims
PAGE 05.
save the date: upcoming event alerts
PAGE 06.
in memoriam:
glenn derrick leroux
PAGE 08.
FOLLOW US FOR EXCLUSIVE INSIGHT INTO WHAT ORIMS IS UP TO!
DON’T FORGET TO TAG #ORIMS ON YOUR POSTS FOR A CHANCE TO BE FEATURED ON OUR PAGES
THE PULSE
MANAGING EDITOR: ALANNA BUTLER / COPY EDITOR: KAREN GILPIN / ARTICLE COORDINATOR: KATE BRYUKHANOVA
The Pulse is a publication of the Ontario Risk and Insurance Management Society and is published quarterly throughout the calendar year. The opinions expressed
are those of the writers and the volunteer members of the Pulse Editorial Committee. Articles submitted to the Pulse for publication are subject to the approval
of the Pulse Editorial Committee. Approval of such articles is based upon newsworthiness and perceived benefit to the readership. All decisions of the Pulse are
not subject to appeal. Individuals submitting articles to the Pulse hereby acknowledge their acceptance of the Pulse Editorial Policy.
ORIMS THE PULSE APR 2019 EDITION
president’s message:
making moves - when is the right
time for a change
BY VALERIE FOX, PRESIDENT, ORIMS
The Risk Management profession offers a multitude of Recognizing that people in our industry may go through
opportunities and a diverse selection of areas to special- several transitions during their career, RIMS/ORIMS has
ize in. Many people start off in unrelated roles that evolve evolved to ensure you can stay connected and have ac-
into the Risk Management realm over time. Others make cess to educational and networking opportunities. Mem-
a conscious choice and pursue the appropriate education bership categories were introduced to recognize differ-
to realize their goals. Change is often the norm and we ent needs for:
each have the opportunity to assess the level of satisfac-
tion at each stage of our career and to decide whether it’s • Organizational members
time to move on to the next challenge. • Individual and Young Professionals
• Associate members
You will not magically wake up one day and know exactly • Students
what the next step in your career should be. Instead, it’s • Retirees
something you discover over time; through trial and er- • People in career transition
ror and experiences, both positive and negative. Some-
times the role you thought would be a good fit for you, RIMS also modified their bylaws to allow more active
turns out not to be quite what you expected. Or perhaps Chapter involvement, by allowing Associate and Retired
you enjoy what you do, but are finding you are no lon- members to serve on the Board of Directors and to volun-
ger challenged or energized by the work. Those may be teer for committees. These members can provide invalu-
signs that it’s time to try something new. able insight and experience to the Chapters.
Some self-reflection on what does give you energy or Regardless of where you are in your career today, you
what you are interested in learning about can help you have the opportunity to help promote and advance ex-
identify your path. Talk to people who do the work you cellence in risk and insurance management. I encourage
gravitate to and, if you can, find mentors that can help you to take advantage of these opportunities; they may
you develop the skills you need. Experiment with learn- just help you decide when it’s time to adjust your path!
ing opportunities (webinars, workshops, etc.) and engage
in as many networking opportunities as you can. Simple
conversations can spark great new ideas or identify new
opportunities.
There is also the question of when do you want to retire?
For many, age 65 passes and even with financial security,
they are simply not ready to retire. For others, they may
be anxious to free up their time to try new things, but still
want to stay engaged with their industry peers.
SEE PG. 10 FOR HIGHLIGHTS FROM OUR ANNUAL CURLING BONSPIEL
01.
ORIMS THE PULSE APR 2019 EDITION
how does the new trade deal impact
the insurance industry
BY DAVID GAMBRILL
Aside from the name change from NAFTA to the Unit- basically, it’s the status quo. There will be no change as far
ed States-Mexico-Canada Agreement (USMCA), what as the standards that the Canadian government applies
changed for Canada’s property and casualty insurers un- to the Mexican and American insurers, and vice versa.”
der the new free trade agreement announced Monday?
And the same applies to brokerages operating in the
Not a whole heck of a lot, it would appear. United States and/or Mexico. “If a Toronto broker wants
to operate in Ohio, Ohio cannot discriminate against that
Regulations around solvency, capital requirements and Canadian broker by imposing higher standards,” Masnyk
market conduct are exactly the same under USMCA as said by way of example. “They have to apply exactly the
they were under NAFTA. The status quo appears to reign same standards that they would apply to an Ohio bro-
supreme for Canadian, Mexican and U.S. insurers and kerage.”
brokerages operating in each other’s jurisdictions.
If there is any notable change in the USMCA, it has to do
Under the North America Free Trade Agreement, insur- with a new committee established to “assess the func-
ance regulators within each jurisdiction could not dis- tioning of the agreement.” Article 17.21 of USMCA es-
criminate against foreign-based insurers or brokerages tablishes a new Committee on Financial Services, which is
by imposing different solvency, capital requirements or essentially a trilateral commission to oversee and super-
market conduct standards required of domestic insurers vise that the countries are treating the other two coun-
or brokerages. tries fairly and according to the rules or standards of the
agreement.
For example, if Canada’s solvency regulator, the Office
of the Superintendent of Financial Institutions (OSFI), re- Article 17.21 states: “The principal representative of each
quired a Canadian insurer to hold 25% reserve funds for party [i.e. Canada, Mexico, or the United States] shall be
solvency purposes and required a minimum capital test an official of the party’s authority responsible for financial
(MCT) score of 150, then an American or Mexican insurer services set out in Annex 17-B (Authorities Responsible
operating on Canadian soil would be held to these same for Financial Services).”
standards.
Early indications are that committee representatives will
Similarly, if the U.S. standard was 15% reserve funds and include Canada’s department of finance, as well repre-
an MCT score of 100, a Canadian company or Mexican sentatives of the U.S. and Mexican treasury departments.
insurer operating in the United States would have to
abide by these standards. This commission will supervise and/or issue orders to
players who are not following the rules. “For example, if
“That’s replicated word-for-word in this new [USMCA] the Canadian government treats American insurers differ-
agreement,” says Steve Masnyk, principal of Skybridge ently than they do Canadian insurers, then this commis-
Strategies, which handles government relations for a sion will act,” Masnyk said. “This is new.”
number of high-profile insurance clients. “It’s exactly the
same wording; they haven’t even changed a comma. So *Originally published in Canadian Underwriter, Oct 2018.
02.
ORIMS THE PULSE APR 2019 EDITION
trade deals and their impact on
business interruption loss calculations
BY EPHRAIM STULBERG, PARTNER/SENIOR VP MATSON DRISCOLL & DAMICO LTD &
REHANA MOOSA, SENIOR MANAGER/VP, MATSON DRISCOLL & DAMICO LTD
With the signing of the USMCA this past fall and the im- 30 cents in saved variable costs.
pending unwinding of Brexit, it is no longer a matter of • Calculate any savings or increase in fixed costs. For
mere idle speculation as to how these new trade agree- example, if the insured leased a temporary facility to
ments and disagreements will soon impact individual carry on operations following the incident, the incre-
businesses. As with any change in trade regulation, mental rent cost is added to the BI claim. Converse-
there will be winners and losers, and many businesses ly, if the insured completely shut down and ceased
will be affected. This article takes a look at how these paying rent, that savings is deducted from the claim.
changes to international trade may impact business
interruption (“BI”) claims, and why they will need to In the following sections, we look at how changes to
be considered in the quantification of BI losses. trade deals can impact the first two of these steps. (The
third step would generally be unaffected).
BI LOSSES – AN OVERVIEW
Conceptually, BI losses can be thought of as consist- IMPACT OF TRADE DEALS – REVENUE
ing of three steps: In projecting the insured’s revenue but for the incident,
most insurance policies will state quite explicitly that one
• Calculate the revenue loss by comparing the rev- cannot simply look at what the insured did last year and
enue the insured would have received if not for assume that would have carried forward. One must take
the incident with the insured’s actual revenue as a into account, amongst many other factors, any changes
result of the incident. in the overall economic environment that would have im-
• Calculate the saved variable costs. This is normal- pacted results during the loss period.
ly done by looking at the ratio of variable costs
(e.g. the cost of materials, hourly labour, freight - The USMCA contains clauses favorable to Canada’s auto
costs that vary directly with changes in revenue or manufacturing industry, for example. There are new quo-
production levels) to revenue in the pre-incident tas in place for the “regional content” of vehicles as well
period. For example, if in the pre-loss period the as the percentage of workers paid more than US$16/
ratio of variable costs to revenue was 30%, then hour. This is expected to lead to an increase in Canadian
for every dollar of revenue lost there is an offset of auto manufacturing activity (as well as related industries).
What this means is that it may not be appropriate to base
our revenue projections for a Canadian auto parts suppli-
er who suffers a loss in 2019 on that firm’s 2018 results.
In projecting revenue for 2019, we would look at indus-
try-level data on auto manufacturing during the loss pe-
riod itself in order to identify the impact of the new trade
deal on the Canadian market.
Or consider a more recent example, the Chinese ban
on Canadian canola oil, (possibly) as part of the ongoing
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339_ORIMS_Pulse-Newsletter-V4_0318.indd 1 3/19/2018 9:54:59
deterioration of the relations between those two coun- Changes in international trade can also impact foreign
tries. Canada exported several billions of dollars of this exchange rates in general; for example, following Brex-
product to China last year – 40% of its total exports of it the value of the British pound declined relative to the
the product – and the impact of an import ban on the Canadian dollar. These can play havoc with firms’ profit
industry will be significant. A Canadian canola processor margins. A firm involved primarily in exporting products
suffering a production loss in 2019 may have suffered a from Canada to the UK would see the value of its reve-
decline in revenue anyway, and that will need to be taken nues (in Canadian dollars) decline, and its reported ratio
into account in projecting the BI losses. of variable costs to revenues increase. It would be neces-
sary to adjust the variable cost rates used to calculate the
In summary, in projecting revenues but for the insured BI claim, and not simply rely on last year’s results.
loss, forensic accountants will need to consider changes
in the overall market for the insured’s products or services. Closing
Calculating business interruption losses is not a mechan-
Impact of Trade Deals – Variable Costs ical exercise. It requires, first and foremost, a proper un-
The variable cost structures of Canadian businesses may derstanding of the business and its operating environ-
also change as a result of the new trade deals. ment. Changes to trade deals are only one aspect of this
analysis. As forensic accountants carrying out hundreds
Consider a chocolate manufacturer that uses milk ingre- of these assignments every year, we are constantly on the
dients to manufacture its products. With the relaxation of lookout for factors that might cause the insured’s finan-
Canadian tariffs on US milk imports, lower-cost US milk cial results to change. These factors can be micro (e.g.
may result in lower input costs for this manufacturer. In changes in the local market, loss of a key customer, move
such a situation, it would not be correct to simply look at to a new location) or macro (e.g. changes in commodity
last year’s financial statements to estimate the ratio of vari- prices or foreign exchange rates).
able costs to revenue; one would need to consider adjust-
ments to the cost of milk, and corroborate these against
more recent financial results or post-incident results.
04.
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ORIMS THE PULSE APR 2019 EDITION
this research can help defend
slip and fall claims
BY GREG MECKBACH
If your client owns or manages a property, can it put a the Ontario Superior Court of Justice wrote in Caron.
number on the slipperiness of the surfaces?
This is what companies managing an Ottawa property During the 15-day trial this past fall, both the plaintiff and
did after they were sued for $2.9 million by a civil ser- defendants brought in expert witnesses who studied the
vant who slipped 11 years ago on the kitchen floor of her slip resistance of the kitchen floor. The defendants’ ex-
workplace. pert tested the floor and made a finding on the co-effi-
cient of friction.
Moira Caron, a former federal government lawyer, suf-
fered mild traumatic brain injury after falling in the kitch- The co-efficient of friction is a measure of how much force
enette of her workplace in January, 2008. She lost con- you need to apply in order to slide one object (such as
sciousness and was taken to hospital by ambulance. the bottom of a person’s foot) over a surface. In essence
Caron’s lawsuit against Oxford Properties and other de- it is the ratio, of the sliding force needed to overcome
fendants was dismissed, in Caron v. OMERS Realty Corp., friction resistance, to the force pushing both objects
released Feb. 28 by the Ontario Superior Court of Justice. together (such as the weight of a person standing on a
floor). The higher the coefficient of friction, the greater
CPP Investment Board Real Estate was also named as the slip resistance.
a defendant.The defendants were responsible, under
the Ontario Occupiers’ Liability Act, for the safety of the In Caron v. OMERS Realty, the property managers’ expert
building in which Caron worked, Judge Pierre Roger of witness said the average dynamic co-efficient of friction
of the kitchenette floor – while wet – was 0.37. This – in
the opinion of the defence expert witness – was good
enough.
Caron had her own expert witness who said a slip-resis-
tant floor mat (which was not there when Caron slipped
and fell) would have reduced risk by creating more fric-
tion. But the plaintiff’s expert did not conduct any slip
resistance testing, Judge Roger wrote. The plaintiff’s ex-
pert’s assessment was limited to reviewing documents.
Four days after Caron slipped and fell, a mat was installed
in front of the sink of the kitchenette. Caron was not the
first person to slip on a floor surface in that building.
But Justice Roger found that the defendants met their
duty of care under the Occupiers Liability Act. This “de-
spite the fact that testing imperfectly accounts for many
different types of soles, different gaits, and movement, I
find that rest results and the opinion of the expert pre-
sented by the defendants nonetheless sufficiently reli-
able considering the circumstances of the case.”
*Originally published in Canadian Underwriter, Mar 2019.
05.
ORIMS THE PULSE APR 2019 EDITION
save the dates: mark your calendar
for these upcoming ORIMS events
APRIL 16 3:00PM-4:30PM
ORIMS PD Seminar: Managing Hot Potato Claims:
Best Practices to Anticipate and Avoid Finger-Pointing
Presented by: Aon Risk Solutions
Networking to follow
APRIL 28 - MAY 1
RIMS Conference, Boston, MA
MAY 22 - DATE CHANGE!!!!
ORIMS AGM & Annual Professional Development Day
Hosted by: McCague Borlack
Followed by Spring Fling networking event
Earls - 150 King St West
JUNE 18
ORIMS 2019 Annual Golf Tournament
Deer Creek Golf & Country Club, Ajax
SEPTEMBER 8 - 11
RIMS Canada Conference
Edmonton, AB
DECEMBER 5
ORIMS 2019 Annual Christmas Lunch
Hilton Hotel, Toronto
Follow us for exclusive insight into what ORIMS is up to!
Don’t forget to tag #ORIMS on your posts for a chance to be featured on our pages
Global solutions. Local expertise.
Count on Sedgwick around the world
Learn more at sedgwick.com/solutions/global/ca
06.
in memoriam: Better Understood.
glenn derrick leroux Better Protected.™
ORIGINALLY PUBLISHED IN At Liberty Mutual Canada, we take the time to
THE GLOBE & MAIL (JAN 25-29)
understand your business and its unique risks,
challenges, and opportunities. We tailor our full
Glenn Derrick LEROUX December 24, 1954 - January
range of insurance solutions to address your
18, 2019. With heavy hearts and wonderful memories,
specific needs and protect what’s most important.
we announce the peaceful passing of Glenn Leroux, 64,
on January 18, 2019, surrounded by his loving family
To learn more, speak with your broker or visit
at home. Survived by beloved wife of 41 years, Gay-
libertymutualcanada.com
le; and adoring children, Michael (Julia) and Kathleen
(David). Treasured son of Sheila and brother to Chris
(Dawn), Linda, and Catherine (Greg). He will be peace-
fully reunited with his son, Stephen (2018) and father, COMMERCIAL INSURANCE | SPECIALTY INSURANCE
Roger (2012). He will be greatly missed by many niec-
CROSS BORDER | SURETY | ALTERNATIVE RISK
es, nephews, cousins, and dear friends. Born in Kenora,
Ontario, Glenn grew up an avid fisherman and lover of
the outdoors. His interest in commerce brought him to
Thunder Bay, where he studied at Lakehead University.
As fate will have it, he was hospitalized following a se-
rious car accident in 1974, where he met student nurse
(and future wife) Gayle. They married in 1978 and had
three children together. Glenn later moved his family
to Southern Ontario in 1986 for a promising job op-
portunity. He would go on to have a rewarding career
in Toronto as a Risk Management executive at George
Weston Limited/Loblaw Companies Limited. Despite
the change in scenery, Glenn proudly remained con-
nected to his northern roots. Glenn will always be re-
membered as one of a kind. His warm, genuine nature
and playful sense of humour brought so much light
to those around him. Memories of his joyful spirit and
smile will forever warm our hearts. A celebration of his
life will be held in February. In lieu of flowers, donations
in Glenn’s memory may be made to Parkinson Canada.ORIMS THE PULSE APR 2019 EDITION
important changes to the nomination
process for the donald m. stuart award
The Donald M. Stuart Award was established by ORIMS Other changes to the program include:
in 1979 to recognize outstanding contributions in the • Eligibility has been amended to allow nomination of
field of risk and insurance management in Canada. past RIMS members and consideration for a posthu-
mous nomination;
Based on input from the membership, the ORIMS Board • A reduction in the amount of material to be submit-
of Directors have approved revisions to the nomination ted under Criterion 3 and 4;
procedures, that will simplify the process, yet preserve • The Award Committee will encourage the participa-
the criteria and requirements to maintain the prestige of tion of a former recipient of the Award in the adjudi-
the award. cation process.
The biggest change is the introduction of a two-part pro- The new process is aligned to the one adopted by RIMS
cess. A Sponsor who is nominating a candidate can now for their Risk Manager of the Year Award. We believe
submit a simplified Nomination Statement for initial re- there are strong candidates across Canada and that this
view by the Award Committee. No other documentation simplified first step, together with the other amendments,
is required until the Sponsor receives confirmation that will generate a higher number of nominations being put
their candidate has been selected to move to Part 2 of forward.
the process. The Committee will respond to all Nomina-
tion Statements within 30 days and will generally select Please Visit our website to obtain an application.
the top 3 candidates. If a candidate is selected to pro- https://www.ontariorims.org/donstuartaward/
ceed, the Sponsor will be then be required to submit Part
2 forms and supporting documentation within 90 days If you have any questions or comments regarding the
(June 30th). changes, please feel free to contact any member of our
ORIMS Board of Directors.
DUE TO THE CHANGES, THE DEADLINE FOR SUBMISSION OF NOMINATION STATEMENTS HAS BEEN EXTENDED TO MAY 1, 2019.
bylaw updates -
ORIMS board proposes 3 changes
The ORIMS Board will be seeking to update the Chap- The above proposed changes are to bring the ORIMS
ter Bylaws at the upcoming AGM. Chapter ByLaws in line with the RIMS ByLaws. Members
are welcome to send their comments and/or ask ques-
The following are 3 proposed changes to the Bylaws: tions on the 3 proposed changes to INFO@ORIMS.
ORG
1. adding the new Individual Professional Member-
ship category; Click here (https://www.ontariorims.org/wp-content/
2. allowing for an Associate member to sit on the uploads/2017/06/ORIMS-By-Laws-2013-FINAL.pdf)
ORIMS Board (with no more that 2 associates serv- to the ORIMS By Laws (amended April 2013).
ing simultaneously); and
3. clarifying that a retired member can hold an Of-
ficer position (President, Vice President, Treasurer,
Secretary).
08.ORIMS THE PULSE APR 2019 EDITION
2019 edward c. ricketts memorial
curling bonspiel recap
ORIMS hosted its annual Edward C. Ricketts Memori- This event could not have been the success it was without
al Curling Bonspiel on Monday, February 25th at the St. the support of our sponsors:
George’s Golf and Country Club.
Platinum: AIG, Aon, and Swiss Re
The winners are: Gold: Lloyd’s and Liberty International Underwriters
Silver: HDI, Marsh, Chubb, Onside Restoration, ESIS,
1st Place: 30 Forensic Engineer – Harrison Griffiths, Chad Pinchin, ServiceMaster Restore, and Sedgwick Vericlaim.
Gooyers, Angela Tvrtkovic, and Chris Ciasnocha Bronze: McCague Borlack, SCM, HUB, and Allianz
2nd Place: Aon – Frances Macchione, Jeff Rutherford, Lastly, a special thanks to our volunteer Sue Whittick
Kevin Snow, and Loretta Miluzzi (Winmar) for all of your support.
3rd Place: ESIS – Katie Woodman, Jocelyn Ho, John Calkov, See event pictures on the next page >
and Ernesto Arturi
Congratulations to all of the winners!
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the capabilities and the financial strength to meet the risk transfer needs of businesses
worldwide. But that’s only half the story. Whether your risk is basic or complex, whether
the solution is off-the-shelf or highly customised, we believe that there’s only one way to
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aon.ca
Swiss Re Corporate Solutions offers the above products through carriers that are allowed to operate in the relevant type of insurance or reinsurance in individual jurisdictions.
Availability of products varies by jurisdiction. This communication is not intended as a solicitation to purchase (re)insurance. © Swiss Re 2019. All rights reserved.ORIMS THE PULSE APR 2019 EDITION
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