Ian Rose
Partner
Profile
Ian Rose practises primarily in the fields of insurance law, civil and commercial litigation and class actions. Mr. Rose specializes in complex litigation involving products liability and professional liability, as well as directors' and officers' liability. His practice also includes a significant volume of work involving insurance coverage issues.
In his insurance and litigation practice, Mr. Rose is called upon to defend manufacturers and vendors against claims involving their products and to defend lawsuits instituted against directors and officers and their insurers. He is also involved in the drafting, customization and interpretation of various insurance policies including those covering directors and officers, fiduciaries, non-profit organizations, and financial institutions. In addition to acting as defence and coverage counsel, he acts as monitoring counsel in complex litigation involving multiple jurisdictions.
He has been involved in mediations and arbitrations in various fields, including insurance, construction and intellectual property.
Mr. Rose has been listed in The Best Lawyers in Canada in the areas of insurance and director and officer liability. He is recommended in the Practical Law Company (PLC) Cross-Border Insurance Handbook. He is also listed in The Canadian Legal LEXPERT Directory 2012 in the fields of Litigation and directors & officers liability.
Representative work:
Lead counsel for Chubb Insurance Company of Canada before the Quebec Court of Appeal and the Supreme Court of Canada in a landmark decision concerning duties of directors and officers, Peoples Department Stores v. Wise
Lead counsel before the Quebec Superior Court and the Quebec Court of Appeal for a major multinational industrial products manufacturer in the defence of a $15M lawsuit involving an allegedly defective product and the manufacturer’s duty to inform
Acted on behalf of a leading Canadian directors and officers insurer in a coverage dispute involving several millions in defence costs incurred by a Quebec based entity in several related lawsuits in the US involving claims in the hundreds of millions
Languages: English and French
Areas of Practice
Main Focus: Directors & Officers; Products Liability:
- Class Actions
- Commercial Litigation
- Damage Insurance
- Distribution of Financial Products and Services
- Product Liability
- Professional Liability
- Special Risk Insurance
Litigation Percentage 60%Professional Career
Significant Accomplishments
Lead counsel for Chubb Insurance Company of Canada before the Quebec Court of Appeal and the Supreme Court of Canada in a landmark decision concerning duties of directors and officers, Peoples Department Stores v. Wise
Lead counsel before the Quebec Superior Court and the Quebec Court of Appeal for a major multinational industrial products manufacturer in the defence of a $15M lawsuit involving an allegedly defective product and the manufacturer’s duty to infor.
Acted on behalf of a leading Canadian directors and officers insurer in a coverage dispute involving several millions in defence costs incurred by a Quebec based entity in several related lawsuits in the US involving claims in the hundreds of millions.
Professional Associations
- American Bar Association
- International Bar AssociationCanadian Bar Association
Defense Research Institute
Professional Liability Underwriting Society (PLUS)
Canadian Defence Lawyers
Member of the Board of Directors and the Editorial Board of the Cahiers de propriet intellectuelle [1998 - 2008]
Member of the Steering Committee of the Canadian Chapter of the Professional Liability Underwriting Society (PLUS) [1996 - 2007]
Publications
The Manufacturer-Seller's Warranty in Quebec: Still Distinct!, Lavery, de Billy Bulletin, February 2008
Recent Developments in the Securities Class Action Field in Canada, PLUS Journal, December 2005;
The Application of Ontario's Bill 198 to Securities Class Actions in Quebec, Lavery de Billy Bulletin, December 2005;
Directors' Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to Creditors, Lavery, de Billy Bulletin, November 2004;
Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy, Lavery, de Billy Bulletin, March 2003;
[To see more publications of this author, if available, please consult his personal Web Page]
Seminars
"Legal Developments for Directors' and Officers' in Canada" (co-authored with Dina Raphael) in Executive Risks: A Boardroom Guide 2010/11, by White Page in association with Willis.
"Exploring Trends in D&O Liability Certain Canadian Trends". (Canadian Institutes 12th Annual Forum of Directors, Officers and Fiduciary Liability, Toronto, October 22-23, 2009).
"The Canadian ABCP Experience: The Montreal Accord of 2007 and the Metcalfe & Mansfield CCAA Plan of Arrangement", "La crise mondiale du credit : ou en sommes-nous ? Ou allons-nous ?; D&O, E&O et autres types de responsabilite. (PLUS conference, Montreal, May 6th, 2009).
"Recent Developments in the Securities Class Action Field in Canada" in PLUS Magazine, May 6 2009)
"Quelques reflexions sur la responsabilite du fabricant au Quebec a la lumiere de l'arret Domtar". (AGRAQ, January 22, 2009).
"Directors' Duties: The Supreme Court Confirms that Directors Owe No Fiduciary Duty to the Company's Creditors (McGill University, Faculty of Law, Montreal, Feburary 2006).
[To see more Articles and presentations of this author, if available, please consult his personal Web Page]
Bar Admission
Member of Quebec Bar since 1973
Education
McGill University, B.C.L., 1971
McGill University, B.A., 1968