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Without Prejudice - Ontario Insurance ...
Official Journal of the Ontario Insurance Adjusters Association

                                                      Vol. 84 • No. 4 • December 2019

Without Prejudice
                                             on
                                         Seas gs’ s
                               Greeti n

                  OIAA Executive Council 2019-2020

The OIAA is a proud
supporter of                           Follow us on   @OIAAOfficial / Find us on   /   @oiaa_social

                                        Get to know the Thousand Islands Chapter
Without Prejudice - Ontario Insurance ...
OIAA
    2019 Holiday Party
     The OIAA would like to thank the following sponsors for
         their support at the OIAA 2019 Holiday Party.

                   BIG TOP SPONSORS

    www.davismartindale.com
                                           www.larrek.com

           www.servicemasterrestore.ca

                  CARNIVAL SPONSOR

               RINGMASTER SPONSORS
           ESM       McCague Borlack LLP
       Relectronics-Remech Inc.  Steamatic.ca
    T. Smith Engineering Inc. Torkin Manes LLP

2
Without Prejudice - Ontario Insurance ...
Official Journal of the
                                                      Ontario Insurance
                                                      Adjusters Association                                                                      Vol. 84 No. 4
   Without Prejudice                                                                                                                     December 2019

                                                                                                          CONTENTS
                                                                                         18                8               Litigation Differences
   8
                                                                                                                           between Canada
                                                                                                                           and the U.S.

                                                                                                           18              Improve Your Chances
                                                                                                                           at Surveillance

                                                                                                           40              Business Interruption
                                                                                                                           Losses Involving
   40                                               46                                                                     Dairy Farms

                                                                                                           46              When a False
                                                                                                                           Statement Vitiates
                                                                                                                           a Claim: Pinder v.
                                                                                                                           Farmers’ Mutual
                                                                                                                           Insurance Company

Regular Features                                  What’s Happening                                                            Stay Connected
President’s Message ......................4       OIAA 2019 Holiday Party Sponsors............................2               Visit us at www.oiaa.com
OIAA Executive Council ..............6            CICMA/CIAA Joint Conference Announcement ......30                              @ OIAAOfficial
New Members .............................36
                                                  Adjusters’ Training & Education Program.................31
Get to Know Your Chapter .........38                                                                                             @ oiaa_social
                                                  2020 Claims Conference Announcement ..................34
Out and About .............................58                                                                                    @ oiaa_social
Advertisers’ Index.......................60       2020 Claims Conference Sponsors ............................36
                                                                                                                                 WP Radio Podcast
OIAA Chapter Executive ............61             Calendar of Chapter Events .........................................37
                                                                                                                                 Apple iTunes: WP Radio
Final Report.................................62   OIAA Past Presidents Night Photos............................56             www.soundcloud.com/wpradio
                                                                                                                                  WP TV YouTube channel
                                                                                                                                                           3
Without Prejudice - Ontario Insurance ...
President’s Message
          Leanne B. Hardman    “In truth, a family is what you make it. It is made strong, not by number
          President, OIAA
                                of heads counted at the dinner table, but by the rituals you help
                                family members create, by the memories you share, by the commitment
                                of time, caring, and love...” – Marge Kennedy

                               As the year comes to a close, I’d like to take this opportunity to wish everyone a
                               wonderful holiday season. However you define family, and wherever you find
                               yourself this holiday, I hope you are able to make special memories with each
                               other, celebrate the season with traditions or enjoy making new ones, and
                               enjoy some time away from work, recharge and refresh. If you find yourself in
                               solitude, I wish you blessings and love.
                                  For me, I will be spending it with Jacob, my family and friends. The hectic
                               chaos itself a tradition in my family. Our tree Christmas morning is usually
                               buried underneath the presents that we can’t seem to stop buying until the
                               stores close Christmas Eve. We stay up late, well into the morning putting
                               toys together after the kids are fast asleep. Each year we say we should do
                               something different to make it easier on ourselves, but each year the tradition
                               continues.
                                  This year my 2 year old niece Avery will be the star of our Christmas. She is
                               the most delicious human, spreading sparkle wherever she goes. It didn’t take
                               long for her to figure out how fabulous she is, and we can be sure to be put in
                               place by her should we step out of line. This will be our 3rd Christmas without
                               my father at the head of the table. His silly tie that lights up and plays music
NEXT MEETING                   notably absent during dinner conversation. He is there in our memories as vivid
                               as always.
Wednesday, January 22, 2020
                                 Thank you to everyone who has supported the Ontario Insurance Adjusters
 Claims Conference 2020
    Location: Metro Toronto
                               Association in 2019. We look forward to our upcoming Claims Conference and
         Convention Centre,    Professional Development Day on January 22nd, 2020. Hope to see you there!
         Constitution Hall.
    See page 34 for details.
                               Leanne B. Hardman, BSc. Hons. CIP
    For more information       President, Ontario Insurance Adjusters Association
    please visit our website
    www.oiaa.com.

4
Without Prejudice - Ontario Insurance ...
F O R T H E M A GA ZI N E

                                                                                                                 Without Prejudice

                                                                                                            Official Journal of the
                                                                                                            Ontario Insurance
   JENNIFER BROWN              SARAH GRAVES                JOE CUMMING                TENA ALLEN
   Managing Editor             Associate Editor/Articles   Associate Editor           Advertising Manager

                                                                                                            Adjusters Association
   jennifer.brown@economical.com Sarah.Graves@crawco.ca    joe_cumming@cooperators.ca tena.allen@dgig.ca

C O N T RIBU TORS
                  Devon McLean
                  Litigation Differences between Canada and the U.S. (page 8)
                  Devon McLean's litigation practice has focused on insurance defence
                  and subrogation, professional liability, personal injury, occupier’s
                  liability, manufacturer’s liability, and employment law. After spending
                  several years in private practice, Devon currently practices as Legal
                  Counsel at Intact Insurance Company.
                                                                                                            “WP” is published monthly except July and August. Every
                  Nino Calabrese                                                                            reasonable effort is made to ensure accuracy of articles and
                                                                                                            advertisements but the Association expressly limits its liability
                  Improve Your Chances at Surveillance (page 18)                                            to printing of retraction or correction. The opinions expressed
                  Nino Calabrese is the Director of Investigations at Xpera Risk Mitigation                 in all articles unless otherwise specified represent the views
                  and Investigation in Toronto. Internationally recognized, he is the first                 of the authors and are not necessarily endorsed by the
                  Canadian to receive the prestigious risk community Dennis A. Noggle                       Association, the editorial staff or the Executive Council.
                  award, an industry initiative sponsored by Kimberly-Clark Corporation,                    Contents of ”WP” are copyrighted and may not be reproduced
                  and awarded based on: response time, method and quality of reporting,                     without written consent of the Association.
                                                                                                            The magazine is distributed free of charge to all active and
                  flexibility and consistent excellence and loyalty.
                                                                                                            associate members of the OIAA.
                                                                                                            For non-members subscription price: Canada - $75.00 + HST.
                  Conor Paxton                                                                              U.S.A. and other countries - $90.00

                  Business Interruption Losses Involving Dairy Farms (page 40)                              For change of address or any enquiries regarding distribution,
                  Conor Paxton is a Manager at MDD Forensic Accountants. Conor has                          send address label with updated information to:
                  been involved in several investigations involving the quantification of                   Jackie Johnston, Business Manager, OIAA,
                  economic damages in insurance and litigation matters. These assignments                   29 De Jong Drive, Mississauga, Ontario L5M 1B9
                  have been related to business interruption, extra expenses/increased                      Tel.: (647) 457-0576
                                                                                                            E-mail: Jackie@oiaa.com
                  costs, expropriation, fidelity, surety, downtime losses, lost profits, stock &
                                                                                                            Website: www.oiaa.com
                  contents, accident benefits, business valuations and personal injury &
                  wrongful death matters.                                                                   For information regarding the OIAA Privacy Policy,
                                                                                                            please refer to our website at www.oiaa.com
                                                                                                            For information on advertising specifications, costs,
                  Martin Forget
                                                                                                            production of ads or ad placement, please contact
                  When a False Statement Vitiates a Claim: Pinder v. Farmers’ Mutual                        Jackie Johnston or Tena Allen.
                  Insurance Company (page 46)                                                               For submission of proposed articles please contact
                  Martin is a founding principal of the law firm Forget Smith. His practice                 Jennifer Brown or Sarah Graves.
                  deals with all aspects of advocacy on behalf of insurers, including commer-               ISSN 0833-1278 Canada Post Canadian Publications Mail
                  cial and homeowners’ property and liability claims, subrogation, coverage                 Sales Product Agreement No. 40064573
                  disputes, motor vehicle litigation, product liability claims and fraud cases.

                  Julia Falevich
                  When a False Statement Vitiates a Claim: Pinder v. Farmers’ Mutual
                  Insurance Company (page 46)
                  Julia Falevich has extensive litigation experience with a wide range of
                  subject matters including construction, commercial, nuclear and environ-
                  mental matters. She currently maintains a practice with Forget Smith,
                  specializing in advocacy on behalf of insurers.

                                                                                                                                                                          5
Without Prejudice - Ontario Insurance ...
OIAA - Executive Council 2019 – 2020
                  LEANNE HARDMAN, BSc. Hons., CIP                                       LAURA O'HEARN, M.Ed., CIP                                           SARAH GRAVES
                  President                                                             Hamilton Delegate                                                   Thousand Islands Delegate
                  Unifund Assurance                                                     Maxwell Claims Services Inc.                                        Crawford & Company (Canada) Inc.
                  (905) 764-4958                                                        (289) 239-6757                                                      (613) 389-5209 ext. 21
                  E-Mail: lhardman@unifund.ca                                           E-mail: Laura@maxwellclaims.net                                     FAX: (613) 389-5990
                                                                                                                                                            E-mail: Sarah.Graves@crawco.ca

                  SIMONE CYBULSKI                                                       RAY PROCTOR, BA, CIP                                                FRANK CASTALDO
                  First Vice-President                                                  Kawartha/Durham Delegate                                            Thunder Bay Delegate
                  Crawford & Company Canada Inc.                                        Pinnacle Adjusters Group                                            Intact Insurance
                  (613) 389-5209                                                        (416) 362-0800                                                      (613) 748-3000 ext. 40423
                  Fax: (613) 389-5990                                                   FAX: (416) 362-1808                                                 FAX: (613) 748-1642
                  E-mail: simone.cybulski@crawco.ca                                     E-mail: ray@pinnacleadjusters.com                                   E-Mail: Frank.Castaldo@intact.net

                  RHU SHERRARD, CIP                                                     JENNIFER BROWN, CIP                                                 CARRIE EVANS, CIP, CRM
                  Second Vice-President                                                 Kitchener-Waterloo Delegate                                         Toronto Delegate
                  ClaimsPro                                                             Economical Insurance                                                ClaimsPro
                  (289) 339-1976                                                        (519) 570-8500 ext. 43375                                           (905) 740-1621
                  FAX: (905) 565-0009                                                   FAX: (866) 239-0231                                                 FAX: (905) 671-1889
                  E-mail: rhu.sherrard@scm.ca                                           E-mail: jennifer.brown@economical.com                               E-mail: carrie.evans@scm.ca

                  KYLE CASE, FCIP, CRM                                                  KELLY PECK-McDONNELL                                                SHAWNA GILLEN, CIP
                  Treasurer                                                             London Delegate                                                     Toronto Delegate
                  The Co-operators                                                      Crawford & Company (Canada) Inc.                                    AIG Insurance Company of Canada
                  1-877-682-5246 ext. 272453                                            (519) 432-3747 ext.8407                                             (416) 596-3060
                  E-mail: Kyle_Case@cooperators.ca                                      E-mail: Kelly.peck-mcdonnell@crawco.ca                              E-Mail: Shawna.Gillen@aig.com

                  TERRY DOHERTY, CFEI                                                   CHRIS JOLLIFFE, B.Sc., CIP, CFEI                                    MATTHEW RIENZO
                  Secretary                                                             Niagara Delegate                                                    Toronto Delegate
                  Aviva Canada Inc.                                                     Leading Edge Claims Services                                        Crawford & Company Canada Inc.
                  (613) 386-5513                                                        (289) 897-8676 ext.4                                                (905) 206-5417
                  FAX: 1-866-805-8585                                                   FAX: (289) 897-8677                                                 FAX: (905) 568-7830
                  E-mail: terry.doherty@aviva.com                                       E-mail: chris@leadingedgecs.ca                                      E-Mail: matthew.rienzo@crawco.ca

                  MICHAEL McLEOD, FCIP, CRM                                             MIKE BOTTAN, CIP, CFEI                                              JOHN SLATTERY, Hon.BA., EGA
                  Past President                                                        Northern Delegate                                                   Toronto Delegate
                  Crawford & Company Canada Inc.                                        Crawford and Company Canada Inc.                                    Sedgwick Canada Inc.
                  (519) 593-2620                                                        (705) 647-6781                                                      1 (905) 671-7849
                  FAX: (519) 571-1896                                                   FAX: (705) 647-6783                                                 E-Mail: john.slattery@sedgwick.com
                  E-mail: michael.mcleod@crawco.ca                                      E-mail: Mike.bottan@crawco.ca

                  JOE CUMMING                                                           CINDY BRIDGE, CIP, CRM                                              TENA ALLEN
                  Georgian Bay Delegate                                                 Ottawa Delegate                                                     Windsor Delegate
                  The Co-operators Insurance                                            Desjardins General Insurance Group                                  Desjardins General Insurance Group
                  (705) 712-1503                                                        1-866-688-3888 ext. 5511194                                         1-866-688-3888 ext. 6324680
                  E-mail: joe_cumming@cooperators.ca                                    FAX: (613) 692-3381                                                 FAX: 1-800-403-4457
                                                                                        E-mail: cindy.bridge@dgig.ca                                        E-mail: tena.allen@dgig.ca

OIAA - Executive Council Committees 2019 – 2020
COMMITTEE                           CHAIRPERSON                COMMITTEE MEMBERS                             COMMITTEE                         CHAIRPERSON              COMMITTEE MEMBERS
COMMUNICATIONS                                                                                               BENEVOLENT & COMMUNITY
Without Prejudice Editorial........Jennifer Brown .......Sarah Graves, Joe Cumming                           Benevolent and Gifts .............Leanne Hardman
Without Prejudice Articles .........Sarah Graves...........Jennifer Brown, Laura O'Hearn                     John E.Lowes - Insurance Institute.....Kyle Case
WP Radio & Digital ...................Terry Doherty                                                          INDUSTRY
Advertising-Sales - WP, Website, Links                                                                       Licensing................................Ray Proctor
                                               Tena Allen ..............Joe Cumming, Sarah Graves            Industry Liaison ....................Leanne Hardman
Media Relations..........................Joe Cumming..........Carrie Evans, Shawna Gillen                    ASSOCIATION OPERATIONS
Website.......................................Chris Jolliffe ...........Ray Proctor, Kelly Peck-McDonnell    Chapter Liaison......................Leanne Hardman
Social Media...............................Shawna Gillen ........Carrie Evans, Joe Cumming                   Membership ...........................Terry Doherty............All Delegates
GTA Membership.......................Shawna Gillen ........Carrie Evans, Matt Rienzo, John Slattery          Discipline ...............................Michael McLeod
EDUCATION                                                                                                    Constitution/Incorporation.....Rhu Sherrard
Speakers & Meetings..................Leanne Hardman                                                          Handbook...............................Frank Castaldo, Ray Proctor
Seminars and Education .............Carrie Evans ...........Jennifer Brown, Frank Castaldo                   Mentoring...............................Kyle Case, Joe Cumming, Laura O'Hearn
                                                                                                             Nominating ............................Michael McLeod
Adjuster Training- DevelopmentKyle Case................Jennifer Brown
                                                                                                             Vendor Relations/Sponsorship...Rhu Sherrard
Strategic Planning.......................Rhu Sherrard...........Mike Bottan, Kelly Peck-McDonnell
                                                                        Terry Doherty, Kyle Case             ENTERTAINMENT
Bursary .......................................Mike Bottan ............Kelly Peck-McDonnell                  Past-Presidents’ Night............Cindy Bridge.............Laura O'Hearn, Chris Joliffe
                                                                                                             Holiday Party .........................Jennifer Brown ...........Carrie Evans, Cindy Bridge
CONFERENCES                                                                                                  Golf Tournament ...................Matt Rienzo...............John Slattery, Carrie Evans
2020 Claims Conference ............Shawna Gillen ........Tena Allen, Mike Bottan                             September Kick Off ...............Rhu Sherrard ..............Matt Rienzo, Shawna Gillen
2020 Career Fair @ Claims Conference....Simone Cybulski                                                                                                                       John Slattery, Carrie Evans
2019 Provincial Claims Conference (Ottawa/TI)........Terry Doherty .....Cindy Bridge
2021 Provincial Claims Conference (TBD)....Ray Proctor
6
Without Prejudice - Ontario Insurance ...
Opportunities
              Await You

Are you an insurance   The OIAA is a professional organization currently
                       consisting of 1,000 claims professionals. We
adjuster actively      provide networking, professional development,
adjusting claims?      inside industry news and support to insurance
                       adjusters across Ontario.
We Want You!           By joining our network of active and associate
                       members, you receive a direct introduction to
                       other members; our Without Prejudice magazine
                       is available online to be viewed on a tablet or
                       Smartphone; knowledge from mixing with
                       seasoned, experienced adjusters and with new,
                       up and coming professionals; and satisfaction
                       knowing that you are an active participant in
                       shaping claims adjustment and risk management
                       services in Ontario.
                       Most compelling of all is the price –
                       just $50 per year, plus HST.
                       The value far outweighs the fee.
                       Can you afford not to join us?
                       Please visit our website to become a member,
                       and to review our calendar of events, at
                       www.oiaa.com.

                                                                           7
Without Prejudice - Ontario Insurance ...
Litigation Differences between

8
Without Prejudice - Ontario Insurance ...
WP December 2019

Canada and the U.S.

                  Despite a shared border and

                  many cultural similarities,

                  the Canadian and American

                  approaches to litigation

                  diverge radically. Unlike the

                  purely linguistic difference

                  between American “vacation

                  homes” and Canadian

                  “cottages”, litigation differ-

                  ences run deep.

                  By Devon McLean, Legal Counsel,
                  Intact Insurance Company

                                                        9
Without Prejudice - Ontario Insurance ...
WP December 2019

             The Canadian litigation attitude tends to be
         more restrained than in the U.S.; it runs more toward
                  caution than pushing boundaries.
                   Preparing a Case                       session which is relevant to any mat-
                   Canadian and American litigators are   ter at issue in an action.2 That Rule,
                   in pursuit of the same goal: proving   however, has to be read in conjunc-
                   liability and damages, or the lack     tion with the Rule of proportionality.
                   thereof. But the breadth of permit-       Proportionality in discovery is con-
                   ted discovery differs widely between   sidered so paramount it earned a
                   the two countries.                     Rule unto itself which states:
                      Canada has built limits into its       In making a determination as to
                   discovery process, referencing con-       whether a party or other person
                   siderations of relevance and pro-         must answer a question or pro-
                   portionality.                             duce a document, the court shall
                      In accordance with the Ontario         consider whether,
                   Rules of Civil Procedure1 parties to      (a) the time required for the party
                   Ontario actions are required to pro-      or other person to answer the
                   duce every document in their pos-         question or produce the docu-

10
WP December 2019

  ment would be unreasonable;
  (b) the expense associated with
  answering the question or pro-
  ducing the document would be
  unjustified;
  …
  (e) the information or the docu-
  ment is readily available to the
  party requesting it from another
  source.3

  The Ontario Rules of Civil
Procedure go on to provide:
  In addition to the considerations
  listed in subrule (1), in determin-
  ing whether to order a party or
  other person to produce one or
  more documents, the court shall
  consider whether such an order
  would result in an excessive vol-
  ume of documents required to be
  produced by the party or other
  person.4

   From a Canadian perspective, the
                                            Season’s Greetings
U.S.’s broad discovery rights do not
appear to be at all concerned with
proportionality in litigation. While
American discovery also revolves
around relevance, what is deemed to
be relevant is much more far-reach-
ing, and extensive discovery of non-
parties is permitted, something only
permitted by court order in Canada.
   The Ontario Superior Court of
Justice outlined the difference
between American and Canadian
discovery obligations in its 2013
decision Aker Biomarine AS v. KGK
                                           8 King Street East, Suite 1500, Toronto, Ontario M5C 1B5
Synergize Inc. (“Aker”):
                                                 Phone: 416-408-4400           Fax: 416-408-4900
   In the United States, if there is any
                                                                  www.bhmg.ca
   possibility the information sought
   may be relevant to the case, it is
                                              © Mike Twohy / The New Yorker Collection/The Cartoon Bank
   discoverable…In Canada, the

                                                                                                                       11
WP December 2019

              Comparison of Canadian written examinations for discovery
              and American interrogatories is just one example.
                             scope of discovery is much nar-        answering party has no way to
                             rower, due to our interpretation of    dodge the question.
                             what is “relevant.”5 [emphasis in         For this reason, most Canadian
                             original]                              discoveries proceed orally, with some
                                                                    notable exceptions. The Federal
                           In the U.S. interrogatories are just     Court’s simplified procedure Rules 6
                           one tool to be used in the discovery     do not allow oral examinations.
                           process. In many jurisdictions, they     Written examinations are the only
                           can be used in conjunction with oral     option and the number of questions
                           discovery, allowing two kicks at the     is limited to 50.7 In other Canadian
                           same can.                                courts parties may opt for written
                              Canadian litigants have to make a     examinations when there are few
                           strategic choice between written or      unanswered questions to explore, or
                           oral examinations for discoveries as     where written examinations are more
                           only one method is permitted per         effective or efficient for some other
                           party being examined. Written            reason such as distance or cost.
                           examinations have to be well craft-
                           ed. There is only one chance to get it   Trying a Case
                           right. Canadian counsel have to          Ontario courts have strictly banned
                           ensure each facet of an issue is         inflammatory language from trials.
                           explored in every possible way so the    Lawyers are most restricted in their

12
WP December 2019

                                          American litigators may employ the “reptile
                                          strategy” throughout trial to appeal to the
                                                                              more primitive parts
opening statements, the way nearly        argumentative statements; using the
every Canadian trial commences. If a      word “betrayal” to describe actions of jurors’ brains.
judge finds inflammatory language         by a party; casting aspersions on
has been used, the repercussions          opposing counsel; attributing con-
include censure of the lawyer in          clusions to an expert witness which
front of the jury in order to right the   were not part of their report; the
balance; dismissing the jury to con-      words horror, surprise and helpless;
tinue with a judge alone trial, pre-      opinions of counsel; describing what
sumably with a judge who is now
wary of that lawyer’s tactics; or
declaring a mistrial, causing delay
and additional costs.
                                             COME SKI WITH OIAA GEORGIAN BAY
   Specifically, “comments to a jury
which impede the objective consid-
eration of the evidence by the
jurors, and which encourage assess-
ment based on emotion or irrelevant
considerations, are objectionable at
any time.”8
   American litigators may employ
the “reptile strategy”9 throughout
trial to appeal to the more primitive
parts of jurors’ brains. Lawyers
using that strategy present facts in
a way that plays on jurors’ emo-
tions, particularly those of fear and
safety. It encourages jurors to view
a defendant’s negligent or inten-
tional behavior as dangerous to
the community, and therefore to                            Save the Date!
themselves. Accordingly, jurors are
encouraged use their power (their
vote) to send a message to defen-
                                                          January 30, 2020
dants that their behavior was dan-                              Not just for skiers!
gerous, and to safeguard the com-               More information and sponsorship package to follow
munity from similar behavior in the
                                                                skiday@edwardscolwill.com
future. In Canada, given the broad
history of banning inflammatory
language, the reptile strategy is
much more likely to be disallowed,
and to lead to a reprimand, dis-
missal of the jury, or a mistrial.
   Some examples of what Ontario
courts have found to constitute
inflammatory language, particularly
in opening statements, include:

                                                                                                         13
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                                a settlement.

             Advocate for certainty.
             Your client will thank you.

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14
WP December 2019

a party “should have” done; stating          Unlike American insurers, Canadian insurers have
that a witness’ background makes
them more or less credible; com-
                                            no need to fear “nuclear verdicts”, by which a single
menting that a party refused to             verdict may throw off their projected losses for the
accept responsibility; casting the              year or permanently damage their business.
defendant as the villain; presenting
the defendant insurer as an awful         The Verdict                               that permanently impede a plaintiff’s
company that should be punished           Unlike American insurers, Canadian        quality of life. Examples include trau-
for not giving the plaintiff money;       insurers have no need to fear             matic brain injuries or quadriplegia.
equating fairness and justice to a        “nuclear verdicts”, by which a single        The largest verdict ever awarded
result favourable to the plaintiff;       verdict may throw off their projected     in a Canadian personal injury case
implying liability is a concluded event   losses for the year or permanently        was in 2008 when, through a com-
and it remains only for the jury to       damage their business. As a result of     bination of partial settlement and a
endure the formality of hearing evi-      a 1978 the Supreme Court of               jury trial, the plaintiff was awarded
dence before confirming that pre-         Canada decision, which still stands,      $16.8 million in damages for a
determined result; asking jurors to       general damages are limited in            motor vehicle accident.11 As a result
begin analyzing evidence that is not      Canada to what was $100,000 in            of the accident, the plaintiff suffered
before the court; and implying or         1978, or about $350,000 today with        permanent, catastrophic injuries
stating it is wrong for the defendant     inflation.10                              including a brain injury. Of that
insurance company not to concede             That $350,000 general damages          $16.8 million judgment, only
facts, rather than acknowledging the      cap is reserved for the worst injuries;   $312,200 was awarded for general
plaintiff has to prove their case.        those with no hope of recovery and        damages. The remainder was for

                                                                                                                       15
WP December 2019

                  They have recognized that receiving an apology
     is often of paramount importance to a party that has been wronged and
                     can help to ease or even prevent litigation.
income loss, care, legal fees, and         tion of liability.13                     yet to make any concessions for
guardian costs.12                             Ontario’s Apology Act, for exam-      apologies, forcing litigants to be
                                           ple, provides in section 2(1) that:      more mindful of their words.14 As
Apologies                                     An apology made by or on behalf       well, Prince Edward Island has limit-
If all else fails, litigants in some          of a person in connection with        ed liability-free apologies to medical
Canadian jurisdictions can try apolo-         any matter,                           care.15
gizing. While an apology can hurt a           (a) does not, in law, constitute an
client’s pride, it can assist parties in      express or implied admission of       Conclusion
reaching a palatable settlement, and          fault or liability by the person in   Canada’s middle-of-the-road sensi-
can assist Canadian lawyers in fulfill-       connection with that matter;          bilities may make its courtrooms less
ing their roles as officers of the            (b) does not, despite any wording     dramatic than its American counter-
court, rather than engaging in com-           to the contrary in any contract of    parts. But that conservative attitude
bative “as seen on TV” clashes with           insurance or indemnity and            forces Canadian lawyers to re-think
the other parties.                            despite any other Act or law, void,   and tighten up their strategies from
   Canadian legislators have                  impair or otherwise affect any        the get-go, to craft discovery and
embraced the uniquely Canadian                insurance or indemnity coverage       trial strategy in a way that appeals to
stereotype that we love to say                for any person in connection with     jurors without stepping out of
“sorry”. They have recognized that            that matter; and                      bounds. Canadian lawyers are forced
receiving an apology is often of              (c) shall not be taken into account   to be mindful, which goes a long
paramount importance to a party               in any determination of fault or      way to rein in costs and prevent
that has been wronged and can help            liability in connection with that     inflammatory language. Ultimately,
to ease or even prevent litigation.           matter.                               this may encourage settlement, and
   Most provinces and territories                                                   reserve the costs and time dedicated
have legislated their own version of         Americans and Canadians alike          to trials for when they are truly nec-
an “apology act”, permitting apolo-        should be aware that there are a few     essary.
gies to be made without an assump-         provinces and one territory that have

                                                                                    1 RRO 1990, Reg. 194.
                                                                                    2 Ibid s 30.02.
                                                                                    3 Ibid s 29.2.03(1).
                                                                                    4 Ibid s 29.2.03(2).
                                                                                    5 Aker Biomarine AS v. KGK
                                                                                       Synergize Inc., 2013 ONSC 4897
                                                                                       (Ont. SCJ) at para 27, 2013
                                                                                       CarswellOnt 15273.
                                                                                    6 Federal Courts Rules, SOR/98-106.
                                                                                    7 Ibid s 296.
                                                                                    8 Brochu v, Pond, [2002] OJ No 4882
                                                                                       at para 16, 166 OAC 353.
                                                                                    9 David A. Ball & Don C. Keenan,
                                                                                       Reptile: The 2009 Manual of the
                                                                                       Plaintiff’s Revolution (New York:
                                                                                       Balloon Press, 2009).
                                                                                    10 Andrews v. Grand & Toy Alberta

16
WP December 2019

   Ltd., [1978] 2 SCR 229, 1978
   CarswellAlta 214.
11 Marcoccia (Litigation Guardian of)
   v. Gill, 2009 CarswellOnt 2067,
   2009 ONCA 317.
12 Ibid. The Plaintiff’s damages were
   reduced by 39% as a result of
   contributory negligence.
13 Apology Act, SN 2009, c. A-10.1;
   Legal Treatment of Apologies Act,
   SNu 2010, c. 12; Apology Act,
   SNS 2008, c. 34; Apology Act,
   SNWT 2013, c. 14; Apology Act,
   SBC 2006, c. 19; The Apology Act
   SM 2007, c. 25; Apology Act,
   2009, SO 2009, c. 3; Alberta
   Evidence Act, RSA 2000, c. A-18 s
   26.1; The Evidence Act, SS 2006,
   c. E-11.2 s 23.1.
14 New Brunswick, Quebec, and
   Yukon.
15 Health Services Act, SPEI 2009, c.
   7 s 32.

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                gation practice has        We are Global Resolutions
                focused on insurance
                defence and subroga-                 Dispute Resolution Experts
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practices as Legal Counsel at Intact
Insurance Company.                          45 St. Nicholas St. , Toronto, ON T: 416 964 7497 www.globalresolutions.com

                                   WP

                                                                                                                          17
Improve Your Chances at

18
Surveillance

               Having been in the business
               of Investigations for over 35
               years, I have occasionally
               heard complaints from claims
               adjusters regarding their
               current surveillance providers.
               These complaints usually
               involve a lack of results
               and/or improper use of the
               budget provided.

               By Nino Calabrese,
               Director of Investigations,
               Xpera.

                                                 19
WP December 2019

    In many cases, files come in significantly over budget leaving the
adjuster to have to explain the overage to their principals, which is often
      a difficult sell, particularly if the claimant isn’t even observed.
                   This puts the adjuster in a compromising position with
                   their client or manager and often results in having to shop
                   for a new vendor.
                     Adjusters and Defense Lawyers often rely on surveillance
                   to help evaluate the merits of a personal injury claim and
                   to establish the worth of the claimant’s injuries. Results are
                   not always guaranteed and there is always the possibility
                   that the adjuster will be asked to invest in a surveillance
                   report that will not help them further adjust the claim if
                   the subject of the investigation is not seen.

20
WP December 2019

Success is in the Details
Adjusters and surveillance firms can
help increase their chances of suc-
cess. First, it is important for the
adjuster to provide the vendor with
as much pertinent information about
the claim as possible. This should
include the claimants full name,
address, previous address (if known),
date of birth, driver’s licence number,
the plate and description of the vehi-
cle involved in the accident, home
and cell number (if known), occupa-
tion of the claimant, claimant’s last
known employer (if known), time
and location of the accident, any
available spousal information and
family make up if possible, descrip-
tion of the claimant (if known) and        date of birth (if the person was driv-
list of alleged injuries. Also helpful     ing), or their age (if they were a pas-
are any known email addresses and          senger), but also often includes the
social media handles.                      claimant driver’s licence number if he
    Let’s start with the claimant’s full   or she was driving at the time of the
name, including middle name or ini-        accident. The vendor can run the dri-
tial. I have had at least one client ask   ver’s licence number to retrieve or
me if this information is necessary.       confirm the claimants home address
The answer, of course, is yes. Not         and their registered vehicles. There
only is the full name helpful with our     are still some who do not know that
pre-surveillance work up, so are any       the drivers’ licence number also pro-
known nicknames for the claimant.          vides the claimant’s date of birth. For
    The claimant’s known address is        example, the last six digits in drivers
obviously important as is any prior        licence number C0xxx-32207-90830
addresses. There are certain searches      indicates that the licence holder was
investigators can do using an old          born in 1979, on August 30th, and
address to find or confirm a current       that he is male. The digit 0 before
residential location. Often adjusters      the 8 is what identifies the driver as
have this information but do not           male. If the driver was a female born
necessarily understand the impor-          on August 30, 1979, their drivers
tance of passing it on to their ven-       licence number would look like this,
dor.                                       C0xxx-32207-95830. The number
    We are often told by adjusters         five before the eight indicates that
that they do not have a date of birth      the driver is female. If the female
for the claimant. This is especially       was born in a double-digit month
true in Bodily Injury auto claims and      like October, November or
slip and fall accidents. Often in the      December, the 5 would be replaced
case of a Bodily Injury auto claim,        by a 6. For example, a female born
there is an Accident Report in their       on October 30, 1979 would have
file. It is helpful for them to pass       their licence number end 7-96030 or
these reports on to their investigator.    7-96130, if they were born on
These reports not only provide a           November 30, 1979.

                                                                                                  21
WP December 2019

The plate and description of the vehicle can also help.                op or confirm a claimant’s home
                                                                       address. Not only does it help
I have had many clients tell me that the claimant no                   establish where a claimant may be
longer has the vehicle that was involved in the accident.              residing, this information helps us
                                                                       with our open-source work that
                              The licence plate number that was        sometimes leads to the identifica-
                              attached to that vehicle is still        tion of self-employed business infor-
                              important for us to know as we can       mation; or events that they may be
                              find out if it is now attached to        participating in; or services that
                              another vehicle. Also, even if the       they may be advertising for in
                              vehicle is no longer plated, we          places like Kijiji and using their
                              often find it sitting in the driveway    home or cell number in the ad.
                              – helping us establish that the             Knowing the claimant’s occupa-
                              claimant continues to be associated      tion and last known place of
                              with the address.                        employment is also helpful.
                                 Any known telephone number            Understanding the type of work
                              for the claimant is also important.      that they are or were involved in
                              Adjusters often do not like sharing      can help us determine a suitable
                              this information if the claimant is      start time for the surveillance to
                              represented for fear that the investi-   rule out that they have not returned
                              gator may use it to make direct          to work. For example, a claimant
                              contact with the claimant. However,      who works in the construction busi-
                              investigators have the tools to          ness may require a 5 am start time
                              determine to whom and where a            to see if they get picked up and
                              number is listed that helps us devel-    taken to a job site. Yet someone
                                                                       who has always worked in an office
                                                                       may require a later start time. Also,
                                                                       the last known employers address is
                                                                       another location that the investiga-
                                                                       tor can drive by if the investigators
                                                                       loses sight of the subject in the
                                                                       area. I cannot tell you how many
                                                                       times we have found that claimants
                                                                       who are ‘unable’ to work, are then
                                                                       seen working at the very same
                                                                       place of employment. Of value as
                                                                       well, is the location of any treating
                                                                       facilities or medical doctors they
                                                                       may be seeing, are other locations
                                                                       that the investigator can check if
                                                                       visual contact with the claimant is
                                                                       lost during surveillance.
                                                                          The time and location of an acci-
                                                                       dent can help us determine a good
                                                                       start time. For example, someone
                                                                       who has an accident on Hwy 400 in
                                                                       and around Orillia late on a Friday
                                                                       night, may have been on his way to
                                                                       the casino in the area. Perhaps it
                                                                       may be worth trying a late-night

22
WP December 2019

surveillance on a Friday. I also found   time you send in the assignment. If
it useful to determine the date of       you are aware of who else lives
slip and fall accidents at grocery       with the claimant, please share this
stores. Many people are creatures        information as well to help avoid
of habit and often shop on the           misidentification.
same day of the week. If the slip           Finally, the adjuster should pro-
and fall happened on a Wednesday         vide the investigator with the
for example, it may help to initiate     claimant’s alleged injuries so that
surveillance on this day to see if       they can focus on them and have
they go grocery shopping.                the report reflect those injuries. For
   Surveillance is not an exact sci-     example, if the claimant alleges to
ence and, at times, someone else         have restricted use of their left hand
in the household can be mistaken         – there may not be any need to go
for the claimant by the investiga-       into in depth detail in the report
tor. If a description of the claimant    about how they can turn their head
is available, please share this infor-   from left to right. Understanding
mation with your vendor. We have         that the claimant may have a head
often heard after the fact that the      injury, as an example, can help the
client happened to have an ID shot       investigator to be aware of how the
of the claimant. Sometimes it is in      claimant interacts with others or is
the form of a driver’s licence card      able to complete simple transac-
that the adjuster has in their file.     tions such as a make a purchase at
Again, please send your investiga-       a store or deposit/withdraw money
tor a copy of the picture at the         at a bank.

                                                                                               23
WP December 2019

The Importance of Pre-Surveillance Prep                       claimant may attend. Not to mention
                                                              that a review of social media can
                                                              often tell us a story of the claimant’s
                     Once the investigator is equipped        pre- and post-accident activities.
                     with details of the claimant and their      Once the “prep” is completed, we
                     alleged injuries, they should never      know a little more about who the
                     start the surveillance without inde-     claimant is, which can help us deter-
                     pendent confirmation of the infor-       mine the best time to start a file. We
                     mation provided by the client. We        can coordinate surveillance around a
                     are often given “stale” information      date that we may have determined
                     that is no longer current. People        that the claimant will be participating
                     move and don’t always let their          in an event. We can postpone sur-
                     adjuster know. This can result in        veillance and let the adjuster know if
                     days of surveillance spent on a prop-    we determine that the claimant is on
                     erty that the claimant no longer has     vacation and away from home. The
                     any association with. A good investi-    “prep” also helps prevent us from
                     gator will always ensure that they       doing surveillance on a residential
                     have confirmed the claimant’s proper     location that the claimant is no
                     name, have the claimants current         longer associated with. The “prep”
                     address, and know what vehicles          forms the foundation of the investi-
                     they may have access to before they      gation and should never be skipped.
                     even begin surveillance. This means
                     running family members for vehicles.     Surveillance: Getting Down
                     Some investigators make the mis-         to Business
                     take of only searching for the           Investigators often make the mistake
                     claimant’s vehicle. In cases where       of treating each assignment the
                     they may be not be able to get close     same. It is important to analyze the
                     enough to see who leaves the house       results of the pre-surveillance work
                     or the underground garage of a           up along with taking into the
                     building, it is possible for that        account the subject’s age, employ-
                     claimant to drive by the investigator    ment history, claim details and then
                     in a spouse’s vehicle without the        create a strategy. The client’s money
                     investigator realizing it.               is better spent if you consider all the
                        The thirty minutes or so that the     information known about the sub-
                     investigator spends on doing the pre-    ject and base a strategy around the
                     surveillance work-up, which many of      surveillance accordingly.
                     us refer to as a “prep,” increases the       Once the investigator has retrieved
                     chance of success and could save         and/or confirmed the claimant’s home
                     money by not conducting surveil-         address; conducted a review of their
                     lance at an address the claimant no      online presence; checked all social
                     longer resides at. Using a variety of    media; and determined what vehicles
                     databases that we have access to,        the claimant may have access to, then
                     we can look up phone numbers,            they are ready to start surveillance. It
                     develop property ownership informa-      is helpful to start the first day early
                     tion, confirm access to current vehi-    enough to ensure that the claimant
                     cles and much more. This also means      has not already left. A quick drive by
                     determining a claimant’s social media    the residence late at night helps
                     presence, which may provide us with      locate the claimants known vehicles.
                     an ID picture, but can also give us      If the vehicles have not moved by the
                     leads into upcoming events that the      next morning, there is a greater likeli-

24
WP December 2019

hood that the subject is still home.     documents left in plain view.
   Surveillance is much like fishing:    Sometimes we see parking stickers
best results are obtained by starting    on the windshield that may help us
early and staying for the day. There     determine an employer or if the sub-
is a thought that a client’s money is    ject is a student. We can also see if
better spent by conducting short         there are any medical devices such
periods of surveillance and discontin-   as a cervical collar or back support in
uing if the subject is inactive. In my   the vehicle. I recall one case where a
experience, this is a way to quickly     “walk by” revealed a musical text-
use up the budget and have nothing       book. The book was on theory and
to show for it. There are usually fees   the discovery led to additional inves-
associated with travel time and kilo-    tigation, which revealed that the
meters, which the investigators incur    claimant was providing guitar les-
each time they start and end the sur-    sons and was earning income that
veillance, which quickly eats up the     the adjuster was unaware of.
budget. Also, by attending later in         Claimants who reside in apart-
the day, it can be difficult to know     ment buildings often present addi-
whether the subject left before the      tional challenges. They can exit the
investigator arrived. Again, the best    building from several locations. An
results are always obtained by get-      investigator may not be able to
ting to the claimant residence early     monitor them all. Also, if the investi-
and staying for the day. An investi-     gator is sitting outside of the garage,
gator who leaves the site after two      waiting for the claimant’s vehicle to
or three hours has a greater chance      leave, they can miss them getting
of missing the subject leaving. A suc-   picked up by a taxi or a friend or by
cessful investigator is a patient one.   them exiting from another location.
   Investigators should never under-     To increase the chance of success
estimate the value of walking by the     with an apartment building surveil-
claimant’s vehicle if it is on public    lance, it is important for the investi-
property. The inside of the vehicle      gator to enter the building and dis-
can sometimes tell us if the claimant    creetly monitor the claimant’s apart-
has plans for the day by notes and       ment door. Often investigators who

                                                                                                25
26
WP December 2019

attempt to wait outside for the sub-
ject to leave the building, not only
miss them getting picked up or
leaving from one of the other exits,
but they also miss activities such as                    Nino Calabrese is the
the claimant using the building’s                        Director of Investiga-
laundry room or carrying loads of                        tions at Xpera Risk
laundry to and from their apart-         Mitigation and Investigation in
ment.                                    Toronto. Internationally recog-
   Buildings with their own laundry      nized, he is the first Canadian to
rooms often have bulletin boards         receive the prestigious risk commu-
where tenants can advertise servic-      nity Dennis A. Noggle award, an
es. A quick check of these boards        industry initiative sponsored by
has often provided useful informa-       Kimberly-Clark Corporation, and
tion, including identifying claimants    awarded based on: response time,
who provide babysitting or house-        method and quality of reporting,
keeping services. I often tell my        flexibility and consistent excellence
investigators that information does-     and loyalty.
n’t always come to them. They need       As a member of Xpera’s Senior
to work the file and look for leads      Leadership Team, Nino has been a
themselves.                              licensed Investigator since 1984;
   Our job as investigators is to pro-   specializing in exceptional investiga-
vide information to the file handler     tion services relating to employee
to help them make decisions on the       dishonesty, infringement of intellec-
claim. Decisions cannot be made if       tual property rights, insurance
the investigator does not see the        claims, internal theft and corporate
claimant. Both the client and the        fraud. He has a high success rate for
investigator can play a role in help-    locating individuals, identifying
ing to increase the chances of suc-      potential assets and financial infor-
cess on surveillance. Adjusters          mation and was instrumental in dis-
should provide their investigator        mantling one of York Regional Police
with as much pertinent information       Service’s largest international organ-
they have about the claimant.            ized crime auto theft ring. He con-
Investigators should always conduct      tinually updates his knowledge to
a preliminary investigation to con-      retain his expertise in the field of
firm that all information is current     corporate risk and investigations by
and to develop additional leads.         attending seminars and courses pre-
Choosing the right time and date to      sented by a variety of local, national
initiate the surveillance, based on      and international organizations
intelligence developed prior to start-   including ASIS International, the
ing the observations, will likely        Council of International Investigators
                                                                                  Find OIAA on
make the difference between a no         and the Ontario Independent
result report and one that the           Insurance Adjusters Association.
adjuster can use to confidently          Nino can be reached at:
adjust the claim.                        nino.calabrese@xpera.ca.

                                                                          WP

                                                                                                    27
WP December 2019

     WP - Call for Articles
     Submit an article to WP Magazine for publication consideration.
     Share your industry knowledge and information with more than
     2,500 active adjusters.
     Accompany your article with advertising to effectively maximize your
     business opportunities. Full-time WP advertisers will get the benefit
     of a rolling banner on our OIAA website. All advertisers will get the
     added bonus of one shout-out on each of our OIAA social media
     networks being Facebook, Twitter and Instagram for each month
                             they put an advertisement in the WP.

                               Any inquiries and information regarding promoting your business
                               while supporting the OIAA, please contact:
                               Jennifer Brown, WP Managing Editor/Articles at
                               Jennifer.brown@economical.com
                               Tena Allen, WP Advertising Manager at tena.allen@dgig.ca

28
WP December 2019

Have a wonderful Holiday Season
and all the best
in the New Year!

                                          29
CANADIAN INSURANCE CLAIMS MANAGERS' ASSOCIATION/
                            CANADIAN INDEPENDENT ADJUSTERS' ASSOCIATION
                               UNITED & COMMITTED LEADERSHIP THROUGH -
                             EDUCATION * PROFESSIONALISM * COMMUNICATION
!     !

!     !       !                                  !                               !             !
             CICMA/CIAA ONTARIO CHAPTERS’ 52nd ANNUAL JOINT CONFERENCE
                 T
                 Tuesday,
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                 Tuesda
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                 Tuue     Januar
                          January
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                                     1, 2020
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                                                      A CLAIMS CHARCUTERIE!
                                                             Independent Adjuster/
                                                         Claims Manager Relationships
                                                 Jacqueline Caceres, Integrated Insurance Resources;
                                                  Lorri Frederick, ClaimsPro; Stephen Li, Northbridge;
                                                                 Riaz Coolman, Moderator
                                                                          #MeToo
                                                     John Sharoun and Rob Holmes, Crawford Canada
                                                                 Teresa Drijber, OSBIE
                                                                     Privacy & Cyber
                                                                 Dan Michaluk, Hicks Morley
                                                            The Role of AI in Insurance
                                                                    Jennifer Mullett, Intact

                  Luncheon Speaker: Matthew DiSero, Corporate Entertainer

          Registration Fee: CIAA/CICMA Members $215.00 Non-Members $245.00
Name:_____________________________________Company:_________________________________

Address: ____________________________________________________________________________

E-Mail:______________________________________________________________________________

Phone:____________________________                   Affiliation: CICMA _____CIAA_______Other ________

                   Register early - Space is limited - Tickets will not be sold at the door.
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                                                      or
                     Return with Cheque payable to “CICMA/CIAA JOINT CONFERENCE” to:
                     Teresa Drijber, OSBIE, 91 Westmount Road, Guelph, ON N1H 5J2

30
The ‘Understanding’ Series
for Adjusters
To meet the needs of today’s p&c industry and
advance your career…you must stay on top of
industry best practices.
The ‘Understanding’ Series for Adjusters provides deeper insights to improve the servicing
of claimants—resulting in better-adjusted claims.
Developed in collaboration with the OIAA, this series of four programs includes case studies
and applied industry knowledge from subject matter experts. The series has been designed
specifically for adjusters but also has high applicability to other industry roles.

Understanding Property Claims Investigation | One day
Utilize the best practice steps needed to lead a fulsome claims
investigation and coverage analysis—resulting in better handled
claims, minimized leakage costs, and more satisfied clients.

Understanding Serious Injury | Five-day dispersed format
Better manage the recovery of injured claimants, and gain a broad
perspective on accident benefits and bodily injury with a focus on the injured person.

Understanding Case Law | Two days
Acquire in-depth knowledge and skills to expertly source, interpret and apply case
law to prepare a comprehensive file for negotiation, settlement and litigation.

Understanding Bodily Injury | Two days
Learn how to more effectively manage bodily injury claims through an in-depth
look at the main principles and concepts, including presenting the claim,
investigating exposures and more.
To learn more and see the schedule of courses and locations, visit
www.insuranceinstitute.ca/AdjustersTraining

                                                                                               31
32
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                            33
2020 PROFESSIONAL DEVELOPMENT
          & CLAIMS CONFERENCE
                               Wednesday, January 22, 2020
                                Metro Toronto Convention Centre
                      Canada’s Largest Claims Event!
     Presented by Ontario Insurance Adjusters Association. A full day of Education, Enrichment and Networking.

                                                          EDUCATION
                                             NETWORKING                  LEADERSHIP

                                                                CAREER
                                 TEAMWORK
                                                   TRAINING                      EXPERIENCE

                                                                      LEARNING

                                     MENTORSHIP
                                                                IDEA
                                                                                  TECHNOLOGY

                                                STRATEGY
                                  GOAL                                 CHANGE

     EXHIBIT SHOWCASE                                 VISION

     10:00 a.m – 4:00 p.m.
     Over 141 exhibits from across
     Canada showcasing the latest services                                             SPONSORSHIPS
     and products for the claims Industry.                                             Opportunities are still available
     COFFEE 10:00 a.m. in the exhibit halls                                            at $1,000.00, $2,000.00 &
                                                                                       $2,500.00.
     LIGHT LUNCH 12:00 p.m.                                                            Please contact Shawna Gillen
     MIX AND MINGLE 2:00 – 4:00 p.m.                                                   at Shawna.Gillen@aig.com.

                         GROW WITH US
     Save the Date ... Don’t miss this amazing one-day event!
                              Visit www.oiaa.com for more info.

34
ADJUSTER EDUCATION IS OUR PRIORITY
                 The following Educational Seminars will be presented
            at the 2020 Professional Development and Claims Conference

• AB Update: What’s Hot What’s Not!
  – Presented by Philippa Samworth, B.A.,LL.B., Partner and Andrea Lim, M.A.,LL.B., Associate, Dutton Brock LLP

• Casualty Update: A Year In Review
  – Presented by Ian Gold, LL.B. and Adam Bucci, B.A. (Hons), J.D., Thomas Gold Pettingill LLP

• A Claims Transformation Journey: A Roundtable Discussion with Insurance Leaders
  Panel includes Karen Mican, HBA, CHRP, CIP, Senior Vice President Claims, RSA
                 Ewen Cameron, MBA, FCIP, Senior Vice President Claims, RSA
                 Bryant Vernon, MBA, B.SC, Chief Claims Officer, AVIVA
• Economic Loss: Looking at Reality
  – Presented by Gary Phelps, CPA, CMA, CFF, CFE, Partner, Davis Martindale

• Emerging Exposures in Property Claims
  – Presented by Lori Festarini, P.GEO, Vice President of Environmental Services, Stantec Consulting Ltd.

• Cannabis Legalization: Edibles, Extracts and Topicals
  – Presented by Todd Jerry, Director, Government Relations, Ontario, Marc Lefebvre, BA, Underwriting
  Coordinator, IBC, and Mario Fiorino, B.A, LL.B, M.ED, Senior Legal Counsel of IBC
• Cyber Crime: Insuring Against an Ever-Changing Threat
  – Presented by Katherine Kolnhofer, Partner, Bell Temple LLP

• The Transformation of Client Experience
  – Presented by Darryl D’Silva, Sr. Vice President, Integricon Property Restoration & Construction Group,
  Ged Brady, HO Claims Specialist, RSA Canada, Greg Madill, SRD Executive General Adjuster, ClaimsPro
  and Colin Young, Assistant Vice President, JS Held LLC
• The New Simplified Rules: Investigation, Litigation Strategies and
  Cost Considerations
  – Presented by Talaal Bond, Partner, Matthews Abogado LLP

   Please visit our website effective December 2, 2019 to see the details of our presenters
   whose expertise in the field of insurance claims, makes this a day you don’t want to miss.
                   Registration for this event is free to claims professionals.
      (Please see our website www.oiaa.com for the definition of Claims Professionals)

        REGISTRATION OPENS DECEMBER 2, 2019
                GO TO www.oiaa.com
             Don’t miss this one day event!
  All seminars are complimentary! Register Early! Register On-line !

                                                                                                                  35
2020 PROFESSIONAL DEVELOPMENT
                  & CLAIMS CONFERENCE

                                         GROW WITH US
                             We would like to thank our sponsors...
                                                   Coffee Sponsors
E   CATION
                                                   Davis Martindale                                                   EDUCATION
                LEADERSHIP                        Moodie Mair Walker                                    NETWORKING

       CAREER
                                                  Seminar Sponsors
                        EXPERIENCE
                                               Camelino Galessiere LLP                          TEAMWORK
                                                                                                                TRAINING
                                                 Larrek Investigations
             LEARNING                                                                                                             L
                                                ServiceMaster Restore
                                                                                                   MENTORSHIP
       IDEA                                         Lunch Sponsors                                                          I
                         TECHNOLOGY
                                             Abrams Towing Group
                                           Arcon Forensic Engineers                                        STRATEGY
              CHANGE                                                                            GOAL
                                                  Bell Temple
                                               MKA Canada Inc.                                                    VISION

                                      Rimkus Consulting Group Canada, Inc.

                              Sponsorships are still available for purchase at $1,000.00 & $2,000.00.
                                    Please contact Shawna Gillen at Shawna.Gillen@aig.com.

       New Members
          The following were approved as active new members in October 2019
          NAME                          COMPANY                               CITY               CHAPTER
          CIOFFI, Joseph                Unica Insurance                       Mississauga        Toronto
          LEWIS, Josh                   Economical Insurance                  Caledon            Kitchener/Waterloo
          VAN VALKENBURG, Emily         Co-operators Insurance                Barrie             Northern

     36
Chapter NEWS
        NE WS
                                                                               Jennifer Brown, CIP
                                                                               Economical Insurance
                                                                               E-mail: jennifer.brown@economical.com

OIAA Calendar of Events around the Province
      M O N D AY            TUESDAY              W E D N E S D AY                  T H U R S D AY               F R I D AY

 DECEMBER                             3                                 4                           5                              6
                                                                                                        Georgian Bay Chapter,
                                                                                                        Holiday Party at the Weston
                                                                                                        Trillium House, Blue Mountain

                   9                10     OIAA
                                                                   11                          12                              13
                                           Christmas Party                                              Windsor Chapter,
                                           Fairmont Royal York, Toronto                                 Christmas Luncheon

               16                   17    Niagara Chapter, Holiday
                                          Party at Grazie Café     18                          19                             20
                                          Ottawa Chapter,
                                          Inter-Association Christmas Social
                                          at The Officers’ Mess, Ottawa

               23                   24                            25                          26                              27
                                            CHRISTMAS DAY                      BOXING DAY

               30                   31            2020 OIAA Claims Conference, January 22, 2020
                                               Register online starting December 2nd at: www.oiaa.com

Upcoming Chapter Events
around the Province                       UPCOMING OIAA EVENTS
January 16, 2020
London Chapter, Chili Cook-off
                                              Mark these dates down on your calendar -
and Trivia Night at German                                         DON’T MISS THEM!
Canadian Club.
January 16, 2020                      January 22, 2020                   2020 CLAIMS CONFERENCE
Windsor Chapter, Windsor                                                 – Metro Toronto Convention Centre
Adjuster v. Industry Partners
Hockey Game at the WFCU.
January 30, 2020                          All events are listed in our WP magazine. Each event will have registration on
Georgian Bay Chapter, Ski Day at           our website prior to the event – please watch for the details on our website
Craigleith Ski Club, Collingwood.                     www.oiaa.com or in the WP magazine for more details.
January 30, 2020                                               WE HOPE YOU CAN JOIN US!
Kitchener-Waterloo Chapter,
Chili Cook-off.

 Please visit www.oiaa.com for more upcoming chapter events

                                                                                                                                        37
Get to know your Chapter
OIAA Thousand Islands Chapter
It is my pleasure to be the new
President of the Thousand Islands
Chapter. Our Chapter is small but
mighty and has a strong broker rela-
tionship, and the commitment of our
partners in the insurance industry
and associate members is second to
none. Our monthly meetings draw
members and associate members
from Ottawa to Belleville. This past    the following Social Directors - Lynn      ings we host four events including a
year we developed and launched the      Forestell, Brent Pincombe, Connor          Christmas social with donations col-
TIAA Website with members register-     Paxton, Wendy Hayden, Nathan               lected for the local foodbank. Last
ing for our events on-line. This site   Peters and Glenn Hendry.                   year we donated to the Belleville
was developed and is maintained by          Our chapter recently co-hosted the     Gleaners Food Bank dropping off
Kieran Doherty who has also video-      2019 Provincial Conference, KO in the      food and cash donations, and this
taped our guest speakers.               Capital, in conjunction with the           year our donations will be given to
   Elections for the 2019/2020 Board    Ottawa Chapter. The Conference was         Kingston Food Bank. In March we
were held at Spearhead Brewery in       held in Ottawa May 2019 and includ-        take to the ice at Royal Kingston
Kingston with a special tour of the     ed interactive panel discussions during    Curling Club for our curling tourna-
brewery. We welcomed new mem-           the day on current topics and enter-       ment which sells out quickly each
bers to our Executive and said          tainment in the evenings from the          year, followed by horseshoes in June
farewell but not goodbye to our pre-    Dueling Pianos and The Hornettes.          and our yearly golf tournament at the
vious President Terry Doherty who       The Trade Show featured racecar            Colonnade Golf Course in September.
has moved on to his new role as         driver, Parker Thompson who brought        This year the weather was outstand-
OIAA Secretary. We wish Terry all the   his racecar into the middle of the Trade   ing for golf and a fun day was had by
best in his new position but know       Show and spoke about “Drive to Stay        all. In addition to all the fun, we are
that he will continue to support and    Alive” and Bruce Cook, Nitro Circus        were pleased to donate $3,500.00 to
contribute to our local chapter. Also   Star whose inspiration and talk is one I   the Canadian Veteran Service Dog
leaving our Board this year was         know I won’t forgot for a long time.       Unit. I would like to thank all our
Karen Smith (outgoing Treasurer)            Our meetings take place in             sponsors who support this event every
who was with us for five years and      Kingston and Belleville with great         year and enable us to donate to some
Kim Byers who was with us for two       attendance at both locations. Guest        great causes.
years. We thank them for all their      speakers included David Black                  You can visit us at www.wearetiaa
support over the years. Our current     (Workplace Challenges) and Chris           .com for our exciting upcoming
Executive includes myself, Shari        Andrews (The Remediation of                events. We look forward to seeing
Hamilton (President), Kerri Amey        Contaminated Drug Properties). Our         you this year and welcome new and
(Vice-President), Duncan Southall       first meeting this year will be held at    existing members to our events, as
(Treasurer), Erin Sheard (Secretary),   Riverhead Brewery in Kingston, a new       well as new ideas. If there are any
Brad Wilson (Past President), Sarah     location we are trying as our longtime     questions, please reach out to any
Graves (Chapter Delegate), Ben          meeting location, Mino’s Restaurant        one of our executive members.
Baldwin (Director), and Matt Cybulski   was sold. The speaker is Brandon               From the TIAA, Merry Christmas
(Director). We are fortunate to have    Northrup of Pario Engineering who          and all the best in 2020.
great support and enthusiasm from       will be speaking about “The Unknown
our Associate Members and are           Facts of The Ontario Fire System”.         Shari Hamilton
pleased to have the contribution of         In addition to our monthly meet-       President, Thousand Islands Chapter

38
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