Canadian Lawyer

www.canadianlawyermag.com 45 some clients or their investment bankers al- ready have relationships in the RWI industry. "It is beneficial for M&A counsel to have good working knowledge of RWI policies and underwriting processes as well as established relationships with brokers to help facilitate a smooth process for clients," says ffrench. RWI should continue to gain ground, both in acquisitions by sponsor-backed and strate- gic buyers, ffrench says. Irwin notes that the product has a long history in the European market that can help guide Canadians as well. Irwin estimates that, going forward, eyes will increasingly turn toward the claims patterns. "All of these policies have now been under- written; we're coming to the end of the claims period for the first generation of these deals. And so that means that, if a claim is going to be made against the insurance company, now — instead of against the sellers — it's going to be made in the next in the next little while," says Irwin. "The experience has been that purchasers have been more likely to make a claim against these insurers than they previously were against sellers. And, so, there's been an increase in M&A litigation as a result, and we still haven't really seen that trend fully work itself through. Whether that's going to have a feedback effect on the actual insurance itself or on the way we do deals is still, I think, something that M&A practitioners are waiting to see." can change, though, he notes; for example, more time may be spent on due diligence ac- tivities to satisfy the underwriters' concerns, while less time may be spent on purchase agreement negotiation as indemnification provisions become less significant in the con- text of the business deal. "It typically would not alter the overall length of a deal," says ffrench. "Brokers and underwriters are very responsive and adept at moving quickly, and counsel that is familiar with RWI can help steer its client through the process smoothly. " As a lawyer, ffrench has found that clients sometimes look to counsel for guidance about how to conduct the RWI process — although Find on-the-spot answers when conducting family arbitrations Available risk-free for 45 days Online: store.thomsonreuters.ca Call Toll-Free: +1 800 387 5164 In Toronto: 416 609 3800 $221 Softcover + ProView eBook March 2020 approx. 560 pages 978-0-7798-9230-3 ProView eBook only $184 Print only $184 Family Law Arbitration in Canada, 4th Edition provides the legislation, precedents, jurisprudence, and insightful commentary necessary to assist counsel, arbitrators, and mediators, and the parties themselves, in this FWFSHSPXJOH¾FME New and updated in this edition The fourth edition features expanded commentary and comprehensive coverage of the NPTUTJHOJ¾DBOUSFDFOUEFDJTJPOTJODMVEJOH • Petersoo v. Petersoo (2019 ONCA) • Smith v. Arsenault-Smith (2019 ONSC) • Popack v. Lipszyc (2016 ONCA) • Flock Estate v. Flock (2019 ABCA) • Allen v. Renouf (2019 ABCA) • Anand v. Anand (2018 ABCA) • Nolin v. Ramirez (2019 BCSC) • Law v. Cheng (2017 BCSC) This edition also features: • 4JHOJ¾DBOUVQEBUFTUPUIFNBUFSJBMPO Alberta, British Columbia, and Ontario family arbitration law • An introduction to the forthcoming amendments to the Divorce Act and their impact on arbitration • New precedents for a Summary Arbitration Agreement, a Summary Secondary Arbitration Agreement, the Arbitration Agreement Final Offer Selection Process, and Summary Secondary Arbitration Agreement Financial issues. Choose eBook, print, or both &YQFSJFODFUIFGSFFEPNBOE¿FYJCJMJUZUPXPSL wherever and whenever you want, with or without an internet connection, with Thomson 3FVUFST1SP7JFXUIFQSFNJFSF#PPL experience for professionals worldwide. New Edition Family Law Arbitration in Canada, 4th Edition Ann C. Wilton and Gary S. Joseph (MacDonald & Partners LLP) © 2020 Thomson Reuters TR1009432-NK Also available as an eBook on Thomson Reuters ProView®

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