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V.R.P. (Sas) BERSENAS

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Admitted to Bar, 1971, Ontario

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.


sas@lexcanada.com
 (416) 982-3802
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