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Andrew Sanfilippo
Andrew A. Sanfilippo was educated at Queen’s University (B.A., 1978), University of Windsor (LL.B., 1981) and New York University (LL.M., 1982, with academic distinction). Andrew was called to the Bar in Ontario in 1984 and has throughout practised in the defence of insured interests and in the defence of insurers. Since 2006, Andrew has been peer-rated by the Financial Post as one of The Best Lawyers in Canada, and is rated by LEXPERT Canada as “Repeatedly Recommended” in the areas of Commercial Insurance Litigation and Professional Liability. Andrew is listed in “Canada’s Who’s Who” and is a founding partner of O’Donnell, Robertson & Sanfilippo. Andrew has extensive experience in the conduct of mediation and is an Associate of the Chartered Institute of Arbitrators (ACIArb).
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Practice Focus:
• Insurance coverage litigation, representing the interests of insurers. Extensive experience major multi-jurisdictional insurance coverage disputes involving mass tort claims.
- Panellist, National Update on Insurance Law and Coverage Disputes. Osgoode Hall Continuing Education (2011).
- Authored and presented: “The Duty to Defend: Comments on its Scope and Application”. National Update on Insurance Law and Coverage Disputes. Osgoode Hall Continuing Education (2007).
- Representative cases: Zurich Insurance Company v. MuscleTech Research and Development Inc. (2004), 15 C.C.L.I. (4th) 310 (Ont. S.C.J.); Crown Life Insurance Co. v. American Home Assurance Co. (1991), 4 C.C.L.I. (2d) 186, [1991] I.L.R. 1-2697, 1 O.R. (3d) 521, 77 D.L.R. (4th) 11 (C.A.); Royal Insurance Co. of Canada v. Canadian Indemnity Company (1998), 32 C.C.L.I. 276 (Ont. S.C.); Warga v. Lawyers’ Professional Indemnity Company (1999), 13 C.B.R. (4th) 282 (Ont. Gen. Div.).
• Insurance coverage counsel in all areas of insurance law. Frequently consulted on insurance policy drafting, application and interpretation.
• Insurance defence litigation, with particular emphasis on the defence of professionals.
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Authored and presented: “The Real Estate Lawyer’s Duties: Defining the Duty with Reference to Elements of Proximity and Reliance”. Special Lectures of the Law Society of Upper Canada 2002 (Irwin Press).
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Authored and presented: “The Lawyer as a Fiduciary”. Professional Liability. Federated Press (1995).
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Representative cases: Incredible Electronics Inc. v. Canada (Attorney General) (2006), 80 O.R. (3d) 723, 147 C.R.R. (2d) 79 (S.C.J.); 973976 Ontario Ltd. v. King Line Investments Inc., 2008 CarswellOnt 3904 (Ont. Div. Ct.); Municipal Savings & Loan Corp. v. De Sousa, 1993 CarswellOnt 4473 (G.D.); Zebedee v. Hickson Estate, 2001 CarswellOnt 3730 (C.A.); Yake v. Fraser, 1996 CarswellOnt 3841 (C.A.); Fill-R-Up Ltd. v. Toronto Dominion Bank (1989), 75 C.B.R. (N.S.) 318 (Ont. S.C.); Benlolo v. Barzakay (2003), 169 O.A.C. 39 (Div. Ct.); Jaffe v. Miller (1989), 39 C.P.C. (2d) 157 (Ont. SCJ); Di Nicola v. Pietrangelo, 1998 CarswellOnt 4383 (G.D.).
• Monitoring/advisory counsel to insurers in claims involving indemnity policies of insurance.
• Defence counsel in product liability claims involving a wide spectrum of product exposures, as well as several specialty liability areas. Defence of claims against occupiers, municipalities, tavern and social hosts.
• Counsel work in the area of conflict of laws (private international law).
• Trial and appellate experience in all levels of court in Ontario.
• Extensive experience in alternative dispute resolution.
- Harvard Negotiation Institute, Certificate in Mediation, study at Harvard University, June, 2011.
- Chartered Institute of Arbitrators, Associate Member (ACIArb).
- Acted as mediation counsel in over 500 mediations.
Member:
• Law Society of Upper Canada
• Canadian Bar Association
• American Bar Association
• Advocates Society
• Defence Research Institute
• Metropolitan Toronto Lawyers Association
• Canadian Defence Lawyers.
Send EMAIL to Andrew Sanfilippo
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