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 2013 in the fields of Litigation and directors’ & officers’ liability.
Languages: English and French
Areas of Practice
- Class Actions
- Commercial Litigation
- Damage Insurance
- Distribution of financial products and services
- Product Liability
- Professional Liability
- Special Risk Insurance
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
Canadian Bar Association
American Bar Association
International Bar Association
Professional Liability Underwriting Society (PLUS)
Defense Research Institute
Canadian Defence Lawyers
“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 Institute’s 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 crédit : où en sommes-nous ? Où allons-nous?; D&O, E&O et autres types de responsabilité.” (PLUS Seminar, Montreal, May 6, 2009).
"Quelques réflexions sur la responsabilité du fabricant au Québec à la lumière de l’arrêt 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, February 8, 2006).
"Recent Developments in the Securities Class Action Field in Canada" in PLUS Magazine, February 2006
"Current Developments in D & O Litigation: What You Need to Know in Light of Peoples v. Wise and other Recent Court Decisions." (Canadian Institute, October 25, 2005).
"When They Sneeze... Emerging Trends in Canadian Directors' & Officers' Claims." (RIMS Canada, Montreal, September 19, 2005).
“Canada (& Quebec)” (co-authored with André Laurin & Isabelle Lamarre) in The Willis Worldwide Directory of Directors and Officers' Liability, 3rd ed., London 2005.
"Peoples Department Stores Inc. v. Wise: Directors' Duties Defined". (QRIMA, November 2004).
The Liability of Pension Plan Administrators in the Quebec and Canadian Context." (QRIMA, Montreal, February 26, 2004).
"Directors Make Mistakes" in CA Magazine, November 2003.
"Barbarians at the Gate? Corporate Disclosure and Securities Class Action Litigation in Canada." (QRIMA, Montreal, February 15, 2001).
Risk@dot.com.speed: the Legal Implications of E-Commerce. (RIMS, Atlanta, April 30, 2001).
"Measures to Protect Directors and Officers of Crown Corporations." (Lavery Seminar, Montreal, March 19, 1996).
"The Liability of Directors and Officers of Non-Profit Corporations." (QRIMA, Montreal, April 11, 1996).
Professional Activities and Experience
Member of the Board of Directors and the Editorial Board of the Cahiers de propriété intellectuelle [1998 - 2008]
Member of the Steering Committee of the Canadian Chapter of the Professional Liability Underwriting Society (PLUS) [1996 - 2007]
Member of Quebec Bar since 1973
McGill University, B.C.L., 1971
McGill University, B.A., 1968