Gerald A. Badali 

Gerald A. Badali

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4064
e: gerald.badali@mcmillan.ca

overview

Gerald Badali is a member of the firm's Financial Services Group. His practice areas include corporate/commercial work with a particular emphasis on regulatory and insurance matters as well as information technology and procurement.

Gerald has been advising on regulatory and insurance issues in excess of twenty-five years, both at the federal and provincial levels, representing insurance companies, banks, payment card companies, automobile manufacturers/distributors, marketing corporations, telecoms and others. His practice in this area focuses on product development and marketing as well as on regulatory compliance under federal, provincial and territorial insurance legislation, the Bank Act (Canada) and its regulations, consumer protection legislation across Canada, Canada's anti-money laundering and anti-terrorist financing legislation, etc. He is a Chief Agent in Ontario and is a former member of the Legal Advisory Committee of the Financial Services Commission of Ontario (FSCO).

Representative Matters

Financial Services & Regulatory

  • Advised on life, accident and sickness, property, liability, surety, title, travel and creditor's group insurance matters including product development work in respect of term life, universal life and annuity policies as well as variable insurance (segregated funds) contracts
  • Advised on corporate reorganizations and governance, market conduct, product distribution and marketing arrangements (including affinity programs), as well as on regulatory matters related to all of the foregoing
  • Advised banks, insurers, marketing companies, manufacturers and others in defining the borderline between insurance and non-insurance products
  • Advised auto, electronics and other manufacturers, warranty administrators as well as others on the implementation and administration of warranty, extended warranty, service contract and other dealer-sold programs, on a cross-Canada basis
  • Advised on and prepared corporate policies, compliance regimes and other guidance in respect of investments, outsourcing, anti-money laundering, anti-terrorism, 'FATCA', unclaimed property/ escheatment, etc., for various financial institutions, credit card companies and other issuers of payment products
  • Specifically advised on regulatory issues related to credit cards, charge cards, prepaid payment cards (prepaid access), gift cards, etc., in respect of card franchisors, issuers and administrators, on a cross-Canada basis
  • Advised manufacturers, national distributors or their lending divisions on floorplan inventory insurance programs
  • Advised life insurance companies and their holding corporations in connection with acquisitions as well as with divestitures of divisions, subsidiaries and investments including asset sales, share sales, assumption reinsurance and insurance administration agreements
  • Advised on 'insurance discrimination', and the intersection of 'human rights discrimination' and insurance
  • Advised on reinsurance treaties and agreements

Publications

A.M. Best's Digest of Insurance Law
Practical Law Guide, Insurance and Reinsurance in Canada
The Anti-Money Laundering/Anti-Terrorist Financing section of Compliance Office®, Ethidex's web-based compliance and risk-management system, which is currently utilized by numerous Canadian insurers
AML Regulatory Challenges Facing FinTechs
Insurance Intermediation Activities and Insurance Intermediaries
The Legal Nature of Insurance Contracts
Filthy Lucre: Confronting the Risks of Money Laundering

News

McMillan lawyers are well represented in the 2017 edition of Chambers Canada
Gerald Badali published on Risk Management magazine website

Education

  • University of Western Ontario, LLB - 1981
  • University of Toronto, BA (with high distinction) - 1978

Year Of Call

  • Called to the Ontario bar - 1983

Practices

financial services
insurance
regulatory compliance
business law
government procurement
technology
outsourcing

Industries

insurance
banking
automotive
information technology
healthcare

Awards & Rankings

  • Recognized in Chambers Canada 2017 as a leading lawyer in the area of Insurance: Transactional and Regulatory
  • Recognized by A.M. Best in 2013, 2014, 2016 and 2017 as a Recommended Law Digest Contributor
vcard

Gerald Badali is a member of the firm's Financial Services Group. His practice areas include corporate/commercial work with a particular emphasis on regulatory and insurance matters as well as information technology and procurement.

Gerald has been advising on regulatory and insurance issues in excess of twenty-five years, both at the federal and provincial levels, representing insurance companies, banks, payment card companies, automobile manufacturers/distributors, marketing corporations, telecoms and others. His practice in this area focuses on product development and marketing as well as on regulatory compliance under federal, provincial and territorial insurance legislation, the Bank Act (Canada) and its regulations, consumer protection legislation across Canada, Canada's anti-money laundering and anti-terrorist financing legislation, etc. He is a Chief Agent in Ontario and is a former member of the Legal Advisory Committee of the Financial Services Commission of Ontario (FSCO).

Financial Services & Regulatory

  • Advised on life, accident and sickness, property, liability, surety, title, travel and creditor's group insurance matters including product development work in respect of term life, universal life and annuity policies as well as variable insurance (segregated funds) contracts
  • Advised on corporate reorganizations and governance, market conduct, product distribution and marketing arrangements (including affinity programs), as well as on regulatory matters related to all of the foregoing
  • Advised banks, insurers, marketing companies, manufacturers and others in defining the borderline between insurance and non-insurance products
  • Advised auto, electronics and other manufacturers, warranty administrators as well as others on the implementation and administration of warranty, extended warranty, service contract and other dealer-sold programs, on a cross-Canada basis
  • Advised on and prepared corporate policies, compliance regimes and other guidance in respect of investments, outsourcing, anti-money laundering, anti-terrorism, 'FATCA', unclaimed property/ escheatment, etc., for various financial institutions, credit card companies and other issuers of payment products
  • Specifically advised on regulatory issues related to credit cards, charge cards, prepaid payment cards (prepaid access), gift cards, etc., in respect of card franchisors, issuers and administrators, on a cross-Canada basis
  • Advised manufacturers, national distributors or their lending divisions on floorplan inventory insurance programs
  • Advised life insurance companies and their holding corporations in connection with acquisitions as well as with divestitures of divisions, subsidiaries and investments including asset sales, share sales, assumption reinsurance and insurance administration agreements
  • Advised on 'insurance discrimination', and the intersection of 'human rights discrimination' and insurance
  • Advised on reinsurance treaties and agreements
August 2017
Insurance and Reinsurance in Canada: Overview

Thomson Reuters

2017
A.M. Best's Digest of Insurance Law

(the principal author of the Ontario section since 2009)

2017
Practical Law Guide, Insurance and Reinsurance in Canada

(co-author of Canadian chapter since 2015)

2017
The Anti-Money Laundering/Anti-Terrorist Financing section of Compliance Office®, Ethidex's web-based compliance and risk-management system, which is currently utilized by numerous Canadian insurers

(authored this section since at least as early as 2004)

May 2017
AML Regulatory Challenges Facing FinTechs

The Canadian Institute (assisted in the preparation of the presentation materials)

December 2015
Managing Risk in the Administration of Employee Benefits

Risk Management Magazine Online
Risk and Insurance Management Society, Inc., (RIMS) New York, New York

September 2015
Insurance Intermediation Activities and Insurance Intermediaries

International Bar Association
(co-author of Canadian section)

October 2013
The Legal Nature of Insurance Contracts

International Bar Association
(principal author of the Canadian section)

September 2010
Filthy Lucre: Confronting the Risks of Money Laundering

Risk Management Magazine, Vol. 54:4, Risk and Insurance Management Society, Inc.(RIMS), New York, New York