


Insurance
INSURANCE
Today’s insurers, reinsurers and insurance intermediaries require creative strategies, practical experience and keen sector insight to generate growth and deliver on customer expectations. Equally important, they need the assistance of insurance law firms to ensure they’re in compliance with evolving domestic and global regulatory reforms as they bring new products and services to market. Providers and marketers of insurance are facing increased competition and, at the same time, a higher burden of compliance than ever before. The industry – and those who depend upon it – requires access to lawyers who specialize in insurance regulatory law and the legal factors affecting the insurance industry.
McMillan’s Banking, Finance and Insurance Industry Group has a broad depth of experience working with a wide range of insurance sector organizations. We understand developments across the insurance sector, from the regulatory environment and risks and to opportunities such as demutualization that operating in this complex sector brings. Our lawyers have represented some of the world’s largest and most sophisticated insurers, brokers and other insurance industry participants, including adjusters, on all manner of business transactions, and regulatory compliance.
McMillan helps its insurance clients lead by:
- Executing mergers and acquisitions and corporate reorganizations
- Obtaining regulatory approvals for share and portfolio acquisitions and divestitures, amalgamations, related-party and other business transactions (including Competition Bureau approvals)
- Advising on incorporation and Canada-wide licensing of insurers, agents, brokers and adjusters as well as termination of insurance businesses in Canada
- Advising on corporate governance and compliance matters and creating board and committee charter documents and company policies and procedures
- Negotiating and implementing outsourcing arrangements
- Reinsurance agreements
- Resolving market conduct issues arising under provincial statutes, including by representing insurers, agents, brokers and others before regulatory tribunals and—where necessary—the courts
- Advising insurers, agents and brokers on the day-to-day business of marketing and selling insurance products and on operational matters such as drafting and amending policies, privacy and e-commerce, drafting and reviewing innovative marketing initiatives and dealing with related regulatory challenges
Primary Contacts
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Insights (104 Posts)
Is Your Arbitration Clause Appealing? No Appeal Available where Clause Says Dispute is “Finally Settled” by Arbitration
The Ontario Court of Appeal considers the type of language in a dispute resolution clause which precludes the right to appeal an arbitration award.
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May 25, 2023
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AI in Financial Services: Joint OSFI and GRI Report Highlights Need for Safeguards and Risk Management as a Prelude to Enhanced OSFI Guidance
This bulletin discusses the joint report released by OSFI and GRI on the ethical, legal, and financial implications of AI on financial services institutions.
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Apr 19, 2023
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Federal Government Announces Funding for a Low-Cost National Flood Insurance Program
A review of the recent announcements from Budget 2023 regarding a national flood insurance program.
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Apr 10, 2023
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Fanning the Flames of Liability: The Ontario Court of Appeal Considers Product Liability Issues in Burr v. Tecumseh Products of Canada Limited
The decision of the Court of Appeal in Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135 provides a helpful overview of product liability law.
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Mar 20, 2023
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Winter Walkers, Be Warned: Occupiers Benefit from Contributory Negligence Analysis
Recent decision in Wilson v. 356119 Ontario Ltd. et al. details occupiers' liability and contributory negligence analysis required for slip and fall actions.
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Feb 16, 2023
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Overhaul of the Insurance Intermediary Regime in New Brunswick Now in Effect
A summary of the two new rules introduced by the Financial and Consumer Services Commission of New Brunswick on insurance intermediaries.
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Feb 14, 2023
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Upfront Compensation for Segregated Funds: Is a Total Ban on the Horizon?
Insurance Regulators are exploring regulatory changes to Segregated Funds compensation arrangement on Insurers, Intermediaries and Consumers.
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Sep 28, 2022
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Proposed National Flood Insurance Models for Canada: A Summary of the Recent Report from the Task Force on Flood Insurance and Relocation
A summary of the Government of Canada's recent report regarding the development of a national flood insurance program.
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Sep 13, 2022
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OSFI Adds to its Existing Technology and Cyber Risk Requirements with Guideline B-13
OSFI issued final Guideline B-13 – Technology and Cyber Risk Management, key takeaways summarized.
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Jul 26, 2022
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OSFI’s Draft Guideline on Climate Risk Management Imposes New Disclosure Obligations on FRFIs
This bulletin summarizes OSFI's new draft guideline on climate risk management, paying particular attention to the disclosure requirements it imposes.
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Jun 1, 2022
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Ontario Superior Court Provides Refresher on Occupiers’ Liability Claims in Martin v. AGO et al.
This decision highlights that occupiers will not be found liable for injuries if they implement and follow a reasonable system of inspection and maintenance.
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May 26, 2022
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Ontario Whistle-blower Protections for Regulated Financial Services Sector Now in Effect
New protections for whistle-blowers under the Ontario's Financial Services Regulatory Authority Act in effect as of April 29, 2022.
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May 4, 2022
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OSFI Releases Revised Guidelines to Reflect IFRS 17
OSFI has released final revisions to Guideline D-5 and IFRS 9, which will take effect on January 1, 2023 to coincide with the implementation of IFRS 17.
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Apr 6, 2022
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Emergency Order – Impact on Insurers
Today, the Government of Canada released regulations pursuant to the Emergencies Act requiring that certain actions be taken by insurers and other entities.
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Feb 16, 2022
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OSFI Releases Final Revised Reinsurance Guidelines to Take Effect in 2025
OSFI published the final revised Guideline B-3, Sound Reinsurance Practices and Procedures and the final Guideline B-2, Property and Casualty Large Insurance Exposures and Investment Concentration.
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Feb 16, 2022
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Do We Have Insurance for That? – Why Directors Should Obtain Legal Advice When Buying Company and D&O Insurance
Directors should engage legal counsel to negotiate insurance agreements, particularly those operating in emerging sectors such as cannabis and cryptocurrency.
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Feb 15, 2022
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FSRA Submits Unfair or Deceptive Acts or Practices (UDAP) Rule for Approval
The Financial Services Regulatory Authority of Ontario submitted its new Unfair or Deceptive Acts or Practices (UDAP) Rule for final approval.
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Feb 9, 2022
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FSRA Releases Final Innovation Framework and Opens Testing Environment for Auto Insurance Innovations
SRA recently announced their Final Innovation Framework and Test and Learn Environment Guidance, a positive step forward for financial services innovators.
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Jan 26, 2022
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Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
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Jan 12, 2022
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Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
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Jan 12, 2022
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Captive Insurance Emerging in Alberta
The Alberta legislature recently proposed captive insurance legislation, expanding insurance options for Alberta businesses.
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Nov 22, 2021
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Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
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Nov 11, 2021
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Business Interruption Losses: Who is to Pay during the Pandemic?
Insurance coverage for business interruption losses has become a notable subject of litigation as pandemic-related claims make their way through the courts.
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Nov 8, 2021
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Proposed Changes to FIPPA: Two Steps Forward, One Step Back
The BC government recently introduced a bill to amend FIPPA that introduces new requirements for managing and protecting privacy.
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Nov 5, 2021
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Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
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Nov 3, 2021
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Antitrust Reform: Canada Too!
James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!
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Oct 21, 2021
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Watch as that Trust is Swept Away
Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.
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Jul 30, 2021
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OSFI Issues Final Guideline E-4 Impacting Foreign Entity Branches to be Implemented by January, 2022
OSFI releases final Guideline E-4 for Foreign Entity Branches replacing existing Guideline E-4A and E-4B.
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Jul 6, 2021
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Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
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Jun 30, 2021
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An International Overview of Existing Climate-Related Insurance Initiatives: Finding the Right Path for Canada
Part of our ESG initiative, this article summarizes existing climate-related insurance initiatives and suggests programs that may be most successful in Canada.
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Jun 30, 2021
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Charting the Future of Insurance Regulation in Ontario – FSRA Takes Aim at Auto, and Health and Life Insurance for Increased Oversight and Consumer Protection
FSRA has set out its strategic direction and priorities for the insurance sector in its 2021-24 Annual Business Plan.
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Jun 30, 2021
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ICMA Green Bond Principles Undergo Minor Facelift
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
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Jun 17, 2021
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Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
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May 25, 2021
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Commercial Leases During the COVID-19 Lockdown: Where are we Headed?
Ontario has also passed legislation to protect commercial tenants.
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May 17, 2021
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Stopping a Slippery Slope: Ontario Divisional Court Clarifies that Auto Insurance Coverage Applies Only to Direct Causes of Injuries
Ontario Divisional Court clarifies that automobile insurance only applies to direct causes of injury under the Statutory Accidents Benefits Schedule.
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May 12, 2021
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What Are You Suing Me For? I Had No Control: Lessor Fleet Liability
The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.
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May 12, 2021
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OSFI Issues Final IFRS 17 Regulatory Forms and Instructions for Federally Regulated Insurers
On April 30, 2021, OSFI released a letter to all FRIs advising that it has issued the final IFRS 17 Regulatory Forms and Instructions (the “Returns”)
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May 8, 2021
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Upcoming Changes to Ontario’s Auto Insurance Regime
The regulation of Ontario’s auto insurance market may undergo several key changes to enhance consumer protection and foster greater competition and innovation.
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Apr 12, 2021
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OSFI Announces Proposed Amendments to the Vested Asset Regime for Foreign Insurance Companies Operating in Canada on a Branch Basis
The authors discuss OSFI's announcement of three proposed amendments to the vested asset regime for foreign insurance companies operating as a branch in Canada
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Apr 6, 2021
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Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
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Dec 23, 2020
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implementation of reinsurance security agreements: an update and new guidance from OSFI
The Office of the Superintendent of Financial Institutions ("OSFI"), Canada's federal regulator of banks, insurers, loan and trust companies and similar institutions, issued new Guidance in December 2010 (the "RSA Guidance") which requires Canadian insurance companies that reinsure with reinsurers not registered in Canada ("unregistered reinsurers") to convert their existing security arrangements governed by reinsurance trust agreements ("RTAs") into reinsurance security agreements ("RSAs") in order to continue to receive capital/asset credit in respect of the unregistered reinsurance.
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Dec 18, 2020
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Occupiers’ Liability Amendment: Ontario Shortens Notice Periods for Snow and Ice Related Claims
On December 8 2020 Ontario passed Bill 118 amending the Occupiers Liability Act and shortening the notice period in slip and fall claims from 2 years to 60 days
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Dec 18, 2020
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The Cessation of the 6-month and 12-month CDOR Tenors
Refinitiv announced that the calculation and publication of the 6-month and 12-month tenors of CDOR would cease indefinitely effective as of May 17, 2021.
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Dec 17, 2020
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OSFI’s New Draft Guideline E-4 Relating to Foreign Entity Branches: A Comparative Analysis to Existing Guidance
OSFI opens consultation for Draft Guideline E-4: Foreign Entities Operating in Canada on a Branch Basis, which will replace existing guidelines E-4A and E-4B.
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Nov 3, 2020
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Canada’s New Cybersecurity Certification Goes Live
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
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Oct 13, 2020
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Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
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Oct 6, 2020
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Sanctions Alert: Canada Reimposes Sanctions on Belarus
Canada announced on September 29, 2020, that it would re-impose more targeted economic sanctions against Belarusian high-ranking public officials
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Sep 30, 2020
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And We’re Back! OSFI Resumes IFRS 17 Initiatives
OSFI updates Federally Regulated Insurers on the implementation of the International Financial Reporting Standard
17 as policy work resumes.
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Aug 12, 2020
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Ontario Amends Employment Standards Legislation in Response to COVID-19
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
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Aug 5, 2020
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Supreme Court of Canada Affirms the Genetic Non-Discrimination Act, Weighing Autonomy, Privacy, and Accessibility of Insurance
Impacts on insurers from recent decision in which SCC upholds protections for privacy and autonomy through the Genetic Non-Discrimination Act
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Jul 22, 2020
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OSFI to Resume Policy Development Work in the Fall of 2020
With conditions stabilizing across many parts of the country and economic recovery beginning, it is an appropriate time to resume policy work, details to come.
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Jul 16, 2020
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Significant Expansion of Ontario’s Personal Health Information Protections amid COVID-19: What you need to know
Bill 188 made significant amendments to PHIPA, which affect technology companies, and potentially insurers, who provide access to personal health information.
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Jul 15, 2020
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Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
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May 26, 2020
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OSFI Outlines Additional Regulatory Adjustments to Foster Financial Resilience and Stability During COVID-19
Further to OSFI's March 27 letter, OSFI announced more adjustments to existing capital requirements for banks and insurers to respond to the impacts of COVID-19
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Apr 15, 2020
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OSFI’s Regulatory Adjustments in Response to COVID-19 Impacts
On March 27, 2020, OSFI announced a number of sector-specific measures to support federally regulated banks, insurers and private pension plans.
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Mar 31, 2020
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Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
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Mar 23, 2020
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Does Your Business Interruption Insurance Cover You for COVID-19?
The COVID-19 pandemic is not yet contained and while governments struggle to respond, businesses are bracing for the inevitable economic downturn.
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Mar 23, 2020
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Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?
Restructuring options and challenges in the time of COVID-19.
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Mar 20, 2020
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Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem
Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.
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Jan 7, 2020
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Contact Information Posted on Websites Not Necessarily Up for Grabs
Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites
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Dec 19, 2019
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Ontario Court Suggests Terminated Salespeople are Fish Out of Water
Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.
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Dec 16, 2019
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Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory
The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).
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Jun 1, 2019
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So You Want to Insure Risks in Canada, Eh? A Guide To Becoming A Licensed Insurer
There are two levels of government that regulate insurers in Canada.
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Apr 23, 2019
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OSFI Boots Up Cyber Safety with its New Advisory on Technology and Cyber Security Incident Reporting
On January 24, 2019, the Office of the Superintendent of Financial Institutions (“OSFI”) published the Technology and Cyber Security Incident Reporting Advisory (the “Advisory”), which sets out OSFI’s expectations for reporting technology and cyber security incidents.
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Feb 6, 2019
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OSFI adds the Earthquake Exposure Data Return to its Late and Erroneous Filing Penalty Framework
OSFI introduced the Late and Erroneous Filing Penalty ("LEFP") Framework in 2002 as a way to encourage timely and error-free filing.
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Jan 31, 2019
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OSFI’s Revised Corporate Governance Guideline Goes Live
On September 18, 2018 the Office of the Superintendent of Financial Institutions issued the final version of its Corporate Governance Guideline
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Oct 3, 2018
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Adoption of financial sector reform goes ahead in Québec, but government backtracks on certain proposed changes in the insurance sector
As a result of the adoption of the Financial Sector Reform Act, several key pieces of legislation are amended or replaced entirely.
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Sep 5, 2018
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OSFI Updates its Transaction Instructions for FRFIs’ Purchase or Redemption of Shares and Reduction of Stated Capital
On August 17, 2018, the OSFI revised its transaction instructions relating to the consent and reporting obligations of FRFIs entering into transactions
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Aug 29, 2018
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Insurance Regulators Team Up to Strengthen Consumer Protection
On May 3, 2018, the Canadian Council of Insurance Regulators ("CCIR") and the Canadian Insurance Services Regulatory Organizations ("CISRO") released a joint
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May 31, 2018
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PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough
On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.
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May 30, 2018
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New Public Disclosure Requirements for Canadian Life Insurers
New Public Disclosure Requirements for Canadian Life Insurers
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Apr 3, 2018
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The International Comparative Legal Guide to: Insurance & Reinsurance 2018
The International Comparative Legal Guide to: Insurance & Reinsurance 2018
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Mar 20, 2018
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The “20% rule”: Quebec’s New Bill 150 clarifies the distinction between damage insurance “agencies” and “brokerage firms”
The "20% rule": Quebec's New Bill 150 clarifies the distinction between damage insurance "agencies" and "brokerage firms"
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Nov 9, 2017
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Much awaited Bill 141 promises to shake up legislation regulating insurance, financial services and real estate and mortgage brokers in Quebec
Much awaited Bill 141 promises to shake up legislation regulating insurance, financial services and real estate and mortgage brokers in Quebec
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Oct 20, 2017
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Cybercrime Insurance Coverage Caselaw: Welcome to Canada?
Cybercrime Insurance Coverage Caselaw: Welcome to Canada?
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Aug 21, 2017
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What’s in a Name? When Profit Sharing “Insurance” is not Insurance under the Insurance Act
What's in a Name? When Profit Sharing "Insurance" is not Insurance under the Insurance Act
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Jun 16, 2017
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The International Comparative Legal Guide to: Insurance & Reinsurance 2017
The International Comparative Legal Guide to: Insurance & Reinsurance 2017
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Feb 1, 2017
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CSA Publish Final Proxy Voting Protocols
CSA Publish Final Proxy Voting Protocols
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Feb 1, 2017
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Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market
Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market
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Oct 17, 2016
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Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
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Sep 26, 2016
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OSFI’s Final Guideline on ORM is Less Prescriptive and Levels the Playing Field
OSFIs Final Guideline on ORM is Less Prescriptive and Levels the Playing Field
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Jul 14, 2016
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OSFI Publishes Letter regarding the Tightening of its Supervisory Expectations for Mortgage Underwriting
OSFI Publishes Letter regarding the Tightening of its Supervisory Expectations for Mortgage Underwriting
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Jul 13, 2016
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New Rules for Asset Sales by Insolvent Producers (at least for now)
New Rules for Asset Sales by Insolvent Producers (at least for now)
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May 24, 2016
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The 10 most important issues General Counsel should know about Risk Transfer involving Insurance
The 10 most important issues General Counsel should know about Risk Transfer involving Insurance.
Details
April 27, 2016 - 12:00 PM to 1:30 PM
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Safeguarding Data Transfers of Federally Regulated Entities: Within Canada and Beyond
Safeguarding Data Transfers of Federally Regulated Entities: Within Canada and Beyond
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Apr 26, 2016
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The International Comparative Legal Guide to: Insurance & Reinsurance 2016
The International Comparative Legal Guide to: Insurance & Reinsurance 2016
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Feb 1, 2016
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Does Canada need a terrorism risk insurance scheme?
Does Canada need a terrorism risk insurance scheme?
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Dec 5, 2015
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Developments in cyber-risk insurance coverage
Developments in cyber-risk insurance coverage
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Oct 27, 2015
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Cyber risk insurance: driving the risk management process
Insurers and other insurance professionals have traditionally been well positioned to drive improvements in risk management processes.
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Oct 20, 2015
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Cyber risk insurance: driving the risk management process
Cyber risk insurance: driving the risk management process
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Oct 20, 2015
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Industry Healthcheck: Current Landscape
Insurers in Canada are required to implement a system of enterprise-wide risk management that identifies the inherent risks in their activities and manages those risks to appropriately defined levels.
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Oct 6, 2015
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Insurance Intermediation Activities and Insurance Intermediaries
Insurance Intermediation Activities and Insurance Intermediaries
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Sep 30, 2015
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Representation and Warranties Insurance
Representation and Warranties Insurance
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Sep 30, 2015
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New OSFI Guideline on Operational Risk Management
New OSFI Guideline on Operational Risk Management
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Sep 9, 2015
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OSFI Publishes Draft of Revised Guideline for Minimum Capital Test for Federally Regulated Property and Casualty Insurance Companies
OSFI Publishes Draft of Revised Guideline for Minimum Capital Test For Federally Regulated Property and Casualty Insurance Companies
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Aug 26, 2015
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Final Demutualization Regulations Published
Final Demutualization Regulations Published
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Jul 27, 2015
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The Feeling’s “Demutual”Draft Federal Legislation Released for Demutualization of Property and Casualty Insurance Companies
The Feeling's "Demutual" Draft Federal Legislation Released for Demutualization of Property and Casualty Insurance Companies
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Mar 19, 2015
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Upcoming Changes to Saskatchewan Insurance Legislation
Upcoming Changes to Saskatchewan Insurance Legislation
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Feb 18, 2015
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OSFI Developments Toward a New Life Insurance Capital Framework
OSFI Developments Toward a New Life Insurance Capital Framework
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Feb 3, 2015
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OSFI’s Revamped, Risk-Based MCT Guideline in Place for 2015
OSFI's Revamped, Risk-Based MCT Guideline in Place for 2015
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Sep 26, 2014
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OSFI to Require Advance Notification of Changes to Board Membership/Senior Management
OSFI to Require Advance Notification of Changes to Board Membership/Senior Management
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Jan 22, 2014
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OSFI clarifies expectations for implementation of revised corporate governance guideline
OSFI clarifies expectations for implementation of revised corporate governance guideline
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Feb 25, 2013
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OSFI issues new draft corporate governance guideline
OSFI issues new draft corporate governance guideline
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Sep 26, 2012
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