V.R.P. (Sas) BERSENAS
Admitted to Bar, 1971, Ontario
sas@lexcanada.com
(416) 982-3802
A founding partner of the firm, Sas has specialized for more than 30 years in insurance law and in professional liability. In the insurance area, he advises and represents insurers and acts in defence of insureds, and his experience encompasses professional indemnity, directors’ and officers’, financial institution, fidelity, property and casualty insurance at primary and excess levels and reinsurance. In the professional liability area, he advises and represents professionals and institutions in various fields, in particular accountants, engineers and architects, insurance brokers and educational facilities. He has much experience in dispute resolution, both in litigation at all levels of Court including the Supreme Court of Canada, and in mediation and arbitration.
Graduate of Osgoode Hall Law School, York University, in 1969 and called to the Bar qualifying as barrister and solicitor in 1971. Previously worked for five years as an engineer in electricity/electronics and geophysics, having graduated in 1962 in electrical engineering at the University of Toronto.
Also fluent in Lithuanian.
SELECTED EXPERIENCE
Successful defences of professionals/insureds in court cases based on alleged negligence, breach of contract and breach of fiduciary duty, for example:
- accountants sued as auditors, or business valuators, or tax advisors;
- insurance brokers sued by insureds denied coverage for material non-disclosure or other grounds.
Successful resolution through multi-day mediation in defence of insurers of financial institution in prolonged multi-party litigation involving $100 million claim.
Successful dispositions by mediation in very early stages of litigation involving claims against professions.
Defence of reinsurance broker based in London, England, named as co-defendant with U.S. and European reinsurers and retrocessionaires, in litigation by Canadian cedant both in Canada and the U.S., which was successfully resolved by settlement.
Co-counsel in defence of accounting firm in first significant auditors’ negligence case in Canada involving multi-million dollar claim. Succeeded at trial in showing that large claimed damages were not suffered in spite of shortcoming in audit. Case involved appeal and later application for leave to further appeal to Supreme Court of Canada.
Successful defence of insurance broker at trial, appeal in Court of Appeal, and full hearing of further appeal in Supreme Court of Canada which achieved reversal of an earlier ruling by the Supreme Court of Canada on the same issue in another case.
Advising professionals, e.g., accountants, on issues in connection with their applicable professional standards or their codes of ethics, and on risks associated with those issues.
Advising insurers and insureds on insurance policy interpretations.
Advising insurers in connection with drafting policy terms.
Representing insurers in litigation involving issues of jurisdiction, or issues whether double insurance or one policy is primary and the other is excess.
Advising insurers regarding licensing requirements for operating in Canada.
Monitoring for insurers, both at primary and excess levels, and advising on coverage issues and on defence of insured conducted by other lawyers.
Provided evidence in arbitration proceedings in England between cedant and reinsurer, as to law of Ontario, Canada.
PROFESSIONAL INVOLVEMENT
- Member for many years in International Bar Association, particularly as officer of and presenter at sessions of the Insurance Committee and Professional Indemnity Subcommittee.
- Member of Canadian Bar Association.
- Member of Toronto Lawyers’ Association.
- Member of Professional Engineers Ontario.
- Fellow of Chartered Institute of Arbitrators.