Blaney McMurtry LLP Barristers & Solicitors

David S. Wilson has been involved in a diverse range of commercial and insurance litigation over the years. One of his unique areas of expertise is the field of reinsurance disputes where he has acted on behalf of the firm for a number of different insurance companies.

A partner in Blaney McMurtry LLP, his expertise has been earned over more than 20 years of practice. David is a member of the firm’s Insurance Litigation, and Architectural/ Construction/ Engineering (ACES) practice groups.

The insurance side of his practice includes extensive involvement in a wide range of professional negligence claims (lawyers, engineers, architects, insurance agents and real estate agents among others), directors and officers liability claims and fidelity claims.

David has also handled a wide range of product liability cases, including for example ladders, steel girders and food products, and a diverse variety of CGL defence work.

“The most satisfying or intriguing part of my practice is having an opportunity to interact with top-notch opposing counsel and through the increasing use of mediation, bringing legitimate disputes to an early and cost-effective resolution,” he says.

Environmental Litigation Experience

David has also handled a wide range of environmental claims. David has represented property owners seeking remediation and/or damages arising out of contamination claims. One of David’s first major trial results related to a steel plant which emitted noise and vibration at levels which exceeded the Ministry of Environmental Model Municipal Control By-Law Guidelines [see 340909 Ontario Ltd. v. Huron Steel reported at (1990), 73 O.R. (2nd) 641; affd by OCA at (1992), 9 O.R. (3rd) 305].

David has also defended a wide variety of claims involving, for example, an oil spill from a pipeline rupture, a sulphuric acid spill resulting from a train derailment and a number of claims based on soil or groundwater contamination. In so doing, David has represented owners, tenants and engineering/ environmental consultants.

David is currently handling a number of environmental contamination claims in that regard.

Reinsurance Experience

David has handled a variety of significant reinsurance disputes over the years.

He represented the Superintendent of Insurance, Canada (as he then was) in the 1980’s on several major reinsurance disputes.

Later in the 1980’s, he acted for the Superintendent of Insurance as liquidator of Northumberland General Insurance Company on a number of reinsurance issues. Northumberland had a very extensive network of reinsurance treaties and a number of litigious issues emerged. A group of reinsurers raised misrepresentation and non-disclosure issues which had to be addressed. As well, the lead reinsurer on several of the excess of loss of layers, denied liability for a number of specific claims on the basis of one of the treaty exclusions.

More recently, he represented the lead reinsurer on a dispute with an insurer. The dispute raised several issues in relation to the quota share treaties.

He is currently handling a dispute which is in arbitration between an insurer and one of its reinsurers. The dispute raises a number of issues with respect to the reinsurers liability under various quota share and excess of loss participations.

He has also been consulted on various occasions with respect to a variety of interpretation of reinsurance agreements or administration issues relating to reinsurance over the years.

David S. Wilson has been involved in a diverse range of commercial and insurance litigation over the years. One of his unique areas of expertise is the field of reinsurance disputes where he has acted on behalf of the firm for a number of different insurance companies.

A partner in Blaney McMurtry LLP, his expertise has been earned over more than 20 years of practice. David is a member of the firm’s Insurance Litigation, and Architectural/ Construction/ Engineering (ACES) practice groups.

The insurance side of his practice includes extensive involvement in a wide range of professional negligence claims (lawyers, engineers, architects, insurance agents and real estate agents among others), directors and officers liability claims and fidelity claims.

David has also handled a wide range of product liability cases, including for example ladders, steel girders and food products, and a diverse variety of CGL defence work.

“The most satisfying or intriguing part of my practice is having an opportunity to interact with top-notch opposing counsel and through the increasing use of mediation, bringing legitimate disputes to an early and cost-effective resolution,” he says.

Environmental Litigation Experience

David has also handled a wide range of environmental claims. David has represented property owners seeking remediation and/or damages arising out of contamination claims. One of David’s first major trial results related to a steel plant which emitted noise and vibration at levels which exceeded the Ministry of Environmental Model Municipal Control By-Law Guidelines [see 340909 Ontario Ltd. v. Huron Steel reported at (1990), 73 O.R. (2nd) 641; affd by OCA at (1992), 9 O.R. (3rd) 305].

David has also defended a wide variety of claims involving, for example, an oil spill from a pipeline rupture, a sulphuric acid spill resulting from a train derailment and a number of claims based on soil or groundwater contamination. In so doing, David has represented owners, tenants and engineering/ environmental consultants.

David is currently handling a number of environmental contamination claims in that regard.

Reinsurance Experience

David has handled a variety of significant reinsurance disputes over the years.

He represented the Superintendent of Insurance, Canada (as he then was) in the 1980’s on several major reinsurance disputes.

Later in the 1980’s, he acted for the Superintendent of Insurance as liquidator of Northumberland General Insurance Company on a number of reinsurance issues. Northumberland had a very extensive network of reinsurance treaties and a number of litigious issues emerged. A group of reinsurers raised misrepresentation and non-disclosure issues which had to be addressed. As well, the lead reinsurer on several of the excess of loss of layers, denied liability for a number of specific claims on the basis of one of the treaty exclusions.

More recently, he represented the lead reinsurer on a dispute with an insurer. The dispute raised several issues in relation to the quota share treaties.

He is currently handling a dispute which is in arbitration between an insurer and one of its reinsurers. The dispute raises a number of issues with respect to the reinsurers liability under various quota share and excess of loss participations.

He has also been consulted on various occasions with respect to a variety of interpretation of reinsurance agreements or administration issues relating to reinsurance over the years.