Belinda A. Bain Associée Chef nationale – Groupe de pratique, Assurances et responsabilité professionnelle

Parle :  Anglais

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Bureau principal :  Toronto

Belinda A. Bain

Belinda Bain is a partner in Gowling WLG's Toronto office, practising in the area of advocacy. Her practice primarily includes insurance, InsurTech, municipal liability, professional liability, product liability and employment law matters, including class actions.

Belinda is the national leader for the Insurance & Professional Liability Practice Group. She has appeared as counsel at all levels of the Ontario Superior Court and at the Ontario Court of Appeal, as well as before the Financial Services Commission of Ontario, the Ministry of Labour and the Ontario Human Rights Commission.

Belinda has been successful in achieving outstanding results for her clients through litigation, negotiation, mediation and arbitration. She works closely with her clients to provide clear and strategic advice, and achieve practical, efficient outcomes.

Belinda has worked with Canadian, American and British insurers on defence and coverage matters, including commercial general liability, directors and officers liability, errors and omissions (including brokers, engineers, accountants, and physicians), employment practice liability, as well as property and motor vehicle matters. Belinda has provided advice, and has written and spoken extensively on issues relating to cyber insurance and management of cyber risks.

Belinda has acted as defence counsel in numerous class actions, including class actions brought against financial advisers and physicians. Belinda was involved in the first summary judgment motion brought under the amended Rule 20, clarifying the scope of the new Rule, as well as issues relating to recovery of damages for emotional distress absent physical injury, as well as principles relating to awards of aggregate damages.

Belinda has served as a faculty member of the University of Toronto Law School Trial Advocacy Course, and an instructor at the Law Society of Upper Canada Bar Admission Course, Civil Litigation Section. She has spoken at numerous conferences and seminars on issues relating to advocacy and insurance law, including at the Advocates' Society "Tricks of the Trade" seminar, the Insurance Institute of Ontario, the Metropolitan Toronto Lawyers Association, the Canadian Institute, Osgoode Hall Law School, the Ontario Bar Association Continuing Legal Education program, and the Rotman School of Business.

She has published papers and articles in numerous professional publications, including Canadian Underwriter, Class Action Quarterly, Municipal World and the Professional Liability and Discipline Litigation journal.

Associations professionnelles

  • Canadian Defence Lawyers Association
  • Defence Research Institute
  • Ontario Bar Association
  • Professional Liability Underwriting Society
  • The Advocates' Society
  • Timing is Everything - The Importance of Timely Discovery in Municipal Liability Cases (A Defence Perspective), delivered at Advocate's Society's Tricks of the Trade, January 23, 2004
  • Speaker at Canadian Institute program on Provincial and Municipal Liability, February 8/9, 2011
  • "Liability arising from Bicycle Accidents," published in fall edition of Canadian Underwriter, 2011
  • Speaker at Canadian Institute program on Provincial and Municipal Liability, on issues relating to municipal occupier's liability, February 23, 2012
  • Paper concerning the "reckless disregard" standard in municipal liability, delivered at Canadian Institute program, February 2012
  • "The Supreme Court takes another stab at the application of the "material contribution" test: Clements v. Clements and the law of proof of causation in negligence, with Julia Vizzaccaro, published in Canadian Underwriter, July 2012
  • Case commentary re Mazda v. Koubi, published in Gowlings Product Liability Newsletter, February 2013
  • Case comment on Branco v. American Home, with Heather Gray and Estelle Hjertaas, published in On Risk Special Bulletin, May 2013
  • Case comment on Lorraine v. Petro Canada 2013 QCCA 332, with Estelle Hjertaas, published in Class Action Reporter, June 2013
  • "Crossing the Line": presumption of negligence for drivers crossing centre line, with Delna Contractor, published in Municipal World, January 2014
  • Speaker at Canadian Institute seminar on Provincial and Municipal Liability, February 27, 2014
  • "Recreational Trail Liability in Ontario," with Emily Heersink, delivered at Canadian Institute seminar on Provincial and Municipal Liability, February 2014
  • "Ernst & Young v. Chartis: Claim for an insurer's breach of duty of good faith does not form part of 'proceeds from insurance coverage,'" with Emily Heersink, published in On Risk Special Bulletin and Lexology, February 2014
  • "Ontario Court shatters defendant's spoliation arguments in product(less) liability claim," with Emily Heersink, published in Gowlings' Product Liability Newsletter and Lexology, February 2014
  • "Class action on defective but not dangerous goods a wash: Whirlpool unhampered by product liability in tort," with Emily Heersink, published in On Risk Special Bulletin and Lexology, February 2014

Mandats représentatifs

  • Successfully defended a six-week professional liability trial, and resultant appeal
  • Successfully defended two physicians in class actions relating to tuberculosis notification
  • Acted as counsel to the Discipline Committee of the Ontario College of Pharmacists
  • Currently acts as Fund Counsel to the Hepatitis C Class Action Settlement Fund
  • Successfully defended an eight-week vaccine injury trial, and resultant appeal

Mandats clients

Mandats représentatifs
05 janvier 2021 Alectra fait l’acquisition de Holland Power Services