Canadian Lawyer InHouse

37 CANADIANLAWYERMAG.COM/INHOUSE MARCH/APRIL 2019 I n d u s t r y S p o t l i g h t "Gone are the days that fi rms were more generalized. Lawyers are having to become more specialized," she says. Grossman, who has been practising for 30 years and co-founded his insurance bou- tique fi rm in 1997, says this recent trend has defi nitely had an impact. "It is a competitive environment. Outside fi rms cannot rest on their laurels. They must modernize their approach." "The practice of law is ever evolving, but these evolving subject areas are no less under- stood by in-house lawyers," Grossman says. "We have to show our clients that we have a competitive advantage, that we can create new effi ciencies and that we do excel- lent work," he adds. That has led to more specialization, he notes, such as an appel- lant advocacy practice group at the fi rm and also an "examination under oath" practice group. He adds that maintaining a presence in the area of continuing legal education is important for outside fi rms in the current environment. If there have not been any major changes for insurance defence lawyers in the past year, Grossman says there is likely to be a signifi cant impact depending on how the Su- preme Court rules in three cases it heard to- gether last December about the standard of judicial review of administrative decisions. The Supreme Court decided to revisit its decision in Dunsmuir, issued only 10 years earlier. "A swath of insurance law is now be- ing dealt with by Licence Appeal Tribunal adjudicators and arbitrators," says Grossman. The high level of deference to adjudica- tors under Dunsmuir has meant that, in many insurance cases, especially priority disputes, it could be diffi cult for the parties to agree on a specifi c arbitrator, Grossman says. "We have to be very careful how we pick them." The disagreements can even lead to liti- gation on this point. In a case last year where Grossman was acting for an insurer, an On- tario Superior Court judge was required to decide on the adjudicator after the original one died, and the two sides could not agree on who should be selected. In the decision, Justice Grant Dow agreed with the sugges- tion of Grossman's client and appointed a former senior Superior Court judge who was now retired, instead of either of two private practice arbitrators with experience in automobile claims, which the other side had put forward. IH The courts want experts that will help them and not one side or the other. We are very cognizant of that fact. We try not to go to the same experts again and again. We also try to fi nd new voices. BILL EVANS, Aviva Insurance © 2019 Thomson Reuters Canada Limited 00256NF-96016-NM Solidify your understanding of life sciences law Print + ProView online Order # L95889-71013-65203 $576 3 volume looseleaf supplemented book + online access Anticipated upkeep cost – $492 per supplement 7-9 supplements per year Supplements invoiced separately L7798-8664 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Life Sciences Law in Canada, 2nd Edition is your roadmap for protecting intellectual property rights associated with medicines, medical devices, and natural health products in Canada. Plain language explanations demystify essential regulatory requirements and the complex legislation affecting the marketing of these products. Patent, trademark, and copyright laws available for the protection of life science products explored include: • The laws impacting biotechnological innovations • Available enforcement mechanisms • Constraints on advertising and pricing in the field of pharmaceuticals • Business issues, including licensing, practices relating to outsourcing, and tax incentives relating to scientific research and development • Relevant international obligations that concern the life sciences industry, including a discussion of the mechanics of the Jean Chretien Pledge to Africa legislation • New chapters on cannabis law, privacy law, and tax issues New Edition Life Sciences Law in Canada, 2nd Edition Adrienne M. Blanchard Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800

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