Legal news and trends for Canadian in-house counsel and c-suite executives
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COVERSTORY "Business is not about risk elimination, and lawyers should not be about risk elimination. "It was an extremely flexible job description. It was terrific. "Stretching the definition and paving the way for my col- leagues and trying to show other people going into this side of the legal profession that it is increasingly seen as one with greater and not lesser opportunities," he says. "I'd like to think I've succeeded there." Rather than be seen as a roadblock or one who eliminates risk, McAusland says an in-house lawyer's role can be just the opposite. "You can't make money without taking risk, right? If you could then, well, we'd all be rich. "Business is not about risk elimination, and lawyers should not be about risk elimination. It's understanding and manag- ing risk intelligently and finding the opportunities on the way through risk assessment. "I think lawyers can adapt themselves to that rather well, but It's understanding and managing risk intelligently." — DAVID MCAUSLAND, ALCAN INC. it takes a mindset. It definitely takes a mindset." He says he's leaving on "unbelievably fantastic good terms" but says he will miss working at Alcan. "I was very lucky here. I got into a great environment of change where I could bring my skills to bear in multiple major transactions and initiatives to change and improve the profile of the company. "And I had a lot of different responsibilities added to my portfolio on the way through. "But life goes on. Life goes on," he says. "But it's been a great ride, no doubt. "I've had a lot of fun and a lot of opportunity and I've been Winsor. R.•Good Faith in Insurance Law 12/20/07 9:54 AM Page 1 able to face any number of challenges, all of which would rank as career highlights for most people, and I've had many of them here. "That's the neat thing." IH "…it is required reading for anyone who drafts, litigates or thinks about contracts or about the essential and elusive concept of good faith." Mr. Justice Edward Belobaba ~ Superior Court of Justice (Ontario) from the Foreword Good Faith in Canadian Insurance Law is a new looseleaf service that will help give practitioners and insurance professionals the information they need when dealing with bad faith claims in insurance law. This book covers issues such as: • to what extent there is an implied obligation of good faith in contract law • the issues raised by such an obligation • the application of the obligation of good faith to insurance in Canada • a critical analysis and summary of existing law • detailed suggested approaches to claims of bad faith Examining the existence, scope and application of the duty of good faith in insurance contracts An important resource for anyone doing insurance-related work • Practitioners will gain a solid understanding of the principles of the implied obligation of good faith and get practical guidance on handling their case based on existing case law and analysis. • Insurance industry professionals and in-house counsel will get a better sense of their obligations and more clarity on the limits of their obligations. Counsel will benefit by understanding how to avoid and respond to bad faith claims and manage litigation more effectively. Good Faith in Canadian Insurance Law connects case law, legislation and commentary with respect to bad faith claims. Order your copy today! Looseleaf & binder • $97 • Supplements invoiced separately (1-2/yr) P/C 0176030000 • ISBN 978-0-88804-465-5 For a 30-day, no-risk evaluation call: 1 800 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. CL0208 C ANADIAN Lawyer INHOUSE FEBRU AR Y 2008 21