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Christopher R. Dunn

Partner

Chris has been a partner at Dutton Brock since 2005, after joining the firm as an associate in 1998. Chris was also called to the British Columbia Bar in 1996.

Chris' practice involves advising insurers, corporations and individuals on insurance and reinsurance coverage issues with a particular focus on commercial general liability policies. He has argued coverage matters on behalf of insurers at all levels of court in Ontario. He represents insurers, reinsurers, brokers and corporations in first and third party liability claims.

Chris is nationally published in the field of insurance law, having co-authored sections on the insurance contract and motor vehicle insurance for the Insurance Bureau of Canada's re-write of the Canadian Encyclopedic Digest's Insurance Law text. Chris is a regular contributor to insurance industry publications and lectures frequently on insurance coverage, tort liability and risk management issues.

Education

Chris began his education at the Richard Ivey School Of Business At The University Of Western Ontario with an Honours degree in Business Administration (HBA), and a Major in marketing management, with top 10% standing.

Chris attended Dalhousie University Law School between 1992 and 1995 and received his LL.B. with a Major in civil litigation. He was admitted to the British Columbia Bar in 1996 and to the Ontario Bar in 1998.

Awards

Chris was awarded with three University Of Western Ontario Entrance Scholarships from 1988 to 1991. He was listed in the Dean’s Honour List in 1992 with a top 10% standing in the Honours Business Administration program at the Richard Ivey School of Business, University of Western Ontario. Here, Chris was also awarded the Evald Torokvei Foundation Scholarship in 1991 and 1992.

Lectures

Chris has lectured extensively on insurance defence and insurance coverage issues, including lecturing for the Canadian Institute, the Insurance Institute of Canada, the Canadian Defence Lawyers and the Ontario Bar Association.

Dutton Brock Annual Client Seminar Annual keynote speaker at Dutton Brock’s client seminars, February 1998-Present

First and Third Party Claim Issues Arising From Toxic Mould – Keynote speaker Disaster Kleen-up International Seminar for Insurers and Risk Managers, SkyDome Hotel, November 2000

4th Annual Advanced Forum on Insurance Coverage Disputes – The Latest Developments in Property Claims – Keynote speaker Managing and Litigating Insurance Coverage Disputes The Canadian Institute, Sutton Place Hotel, Toronto, Ontario, June 2004

An Update On Recent Case Law Developments and Commercial General Liability Policy Coverage Issues – Keynote speaker and workshop moderator Royal and Sunalliance Insurance Company, Mississauga, Ontario, November 2004

Are You At Risk – Keynote speaker Canadian Independent Insurance Adjusters Association Continuing Education Seminar Intercontinental Hotel, Toronto, Ontario, April 2005

Advanced Forum on Identifying, Managing and Preventing Mould Claims – Moderator – Panel discussion on first and third party insurance coverage issues The Canadian Institute, The Old Mill, Toronto, Ontario, April 2005

Navigating the Commercial General Liability Policy: Mastering Troublesome Standard Policy Wordings and Examining the Insurance Bureau of Canada’s New Proposal – Keynote speaker Managing and Litigating Insurance Coverage Disputes The Canadian Institute, Sutton Place Hotel, Toronto, Ontario, June 2005

The Latest Developments in the Relationship Between Primary and Excess Insurers – Keynote speaker Hot Topics in Motor Vehicle Insurance – The Relationship Between Primary and Excess Carriers and the Duty to Defend Ontario Bar Association – Insurance Section, November 2005

Top 10 Coverage Cases from 2005 That Insurers Ought to Know About – Keynote speaker Liberty Grand Conference Centre, Dutton Brock Annual Client Seminar, January 2006

The Duty to Defend As Between Primary and Excess Insurers and the Apportionment of Defence Costs Between Insured and Uninsured Claim – Keynote speaker Aviva Canada Lunch’n’Learn Seminar Aviva Canada Downtown Office, Toronto, Ontario, March 2006

Legal Actions and Civil Case Management – Keynote speaker ING Continuing Education Seminar, Bodily Injury East Toronto Branch, Ajax, Ontario, April 2006

Understanding the Tri-partite Relationship, and Related Insurance November 23, 2007 Coverage Issues – Keynote speaker Canadian Defence Lawyers Bootcamp for New Lawyers Osgoode Hall, Toronto, Ontario, November 2006

Top 10 Coverage Cases from 2006 That Insurers Ought to Know About – Keynote speaker Liberty Grand Conference Centre Dutton Brock Annual Client Seminar, January 2007

An Introduction to the CGL Policy – Keynote speaker Insurance Institute Toronto, Ontario, November 2007

The All-Risk Property Policy and the Faulty Design Exclusion, A Canadian Perspective – Host An analysis and critique of the Ontario Court of Appeal’s 2007 Decision in C.N. Rail v. Royal and Sunalliance Canadian Defence Lawyers’ Audioconference, December 2007

 

Publications

Insurance Law Section, Ontario and Western Edition Co-author Canadian Encyclopedic Digest, 1995

Ontario Consumer Protection Legislation Author, 1999

Lost Policy Found Author Canadian Defence Lawyer’s Journal, 2001 (Paper was cited as a leading commentary on the subject by Marcus Snowden and Mark Lichty in their text, The Annotated Commercial General Liability Policy)

Canada’s Supreme Court Tribunal Council’s View on the Duty to Defend Author, 2001

Should You Subrogate For Property Loss Author, 2002

Creature From The Black Lagoon, First Party and Third Party Mould Liability Claims Author, 2003

An Update on the Pollution Liability Exclusion and Liability for Toxic Mould Claims and Other Naturally Occurring Substances Author The Canadian Institute’s Annual Insurance Coverage Disputes Seminar, 2004

The First Time Ever I Saw Your Claim, A Guide to Initial File Handling and Coverage Issues Author, 2004

You Build A Billion Dollar Empire By Staying On Top of Your Game: Recent Developments Respecting CGL Policies and the Duty to Defend Author, 2005 The Insurance Bureau of Canada’s Proposed Changes to the Form 2100 Commercial General Liability Policy – A
Commentary Author The Canadian Institute’s Annual Insurance Coverage Disputes Seminar, 2005

It Ain’t Over ‘Til It’s Over – The Ontario Court of Appeal’s Dramatic Reversal in the Total Loss Salvage Cases Author Canadian Underwriter, July, 2005 edition

Primary and Excess Insurance Coverage and the Duty to Defend Author Ontario Bar Association – Hot topics in Motor Vehicle Insurance, 2005

Top 10 Coverage Cases from 2005 That Insurers Ought to Know About Author Dutton Brock Annual Client Seminar, 2006

Toward Personal Responsibility – Supreme Court Shuts the Door – But Not Entirely – On
Social Host Responsibility Author Canadian Underwriter, July, 2006 edition

Top 10 Coverage Cases from 2006 That Insurers Ought to Know About Author Dutton Brock Annual Client Seminar, 2007

Keeping the Cap on Tight: The Supreme Court of Canada has refused leave to appeal in a case that attacked the $100,000 cap on non-pecuniary general damages Author Canadian
Underwriter, January, 2007 edition

The All-Risk Property Policy and the Faulty Design Exclusion, A Canadian Perspective An analysis and critique of the Ontario Court of Appeal’s 2007 Decision in C.N. Rail v. Royal and Sunalliance Author, 2007

Chris is a member of:

  • The Law Society of British Columbia
  • The Canadian Bar Association
  • The Advocates’ Society
  • Canadian Defence Lawyers
  • The Metropolitan Toronto Lawyer’s Association

Elite Vertical Blinds Manufacturing Co. and Sarrue Holdings v. York Region Condominium 696, 2018 ONSC 1000

Legal issues – Summary judgment motion dealing with obligation of a tenant in a commercial condominium to comply with obligations on the owner in relation to providing a waiver of subrogation in favour of the condominium corporation

Aviva Insurance Company of Canada and Sanjay Patel v. Intact Insurance Company, [2018] ONSC 238

Legal issues – Successful application on behalf of a commercial general liability carrier against a homeowner’s carrier seeking a contribution to defence costs and indemnity on the basis that the underlying action triggered both policies – overlapping insurance coverage

Hypnotic Clubs v. Temple Insurance et al., (2017) CV-16-0054762-0000 (Ont. S.C.J.)

Legal Issues – Successful summary judgment motion seeking a dismissal of the insured’s action on the basis that the insured’s claimed business interruption loss was not supported by an underlying covered property loss

Aviva Insurance Company of Canada v. Intact Insurance Company, 2017 ONSC 509.

Legal Issues – Application seeking a contribution to defence costs and a declaration for a duty to defend the insured – Intact argued in favour of the application of the qualified pollution exclusion, an argument which was rejected and a duty to defend was found to be owing

Orion Interiors v. Rhyl Realty Management, [2014] ONSC 7266, 2016 ONCA 164 (C.A.)

Legal Issues – Summary judgment motion seeking dismissal of the plaintiff’s claim on the basis that the lease between Orion and Rhyl precluded the claim by Orion – upheld on appeal

Suhaag Jewellers v. The Alarm Factory, 2016 ONCA 33 (C.A.)

Legal Issues – Successful summary judgment dismissal of plaintiff’s claim in negligence and gross negligence against the defendant alarm company allegedly resulting in a theft on the basis of the applicability of an exclusion clause which precluded such actions – upheld on appeal

Kiden Used Furniture, Clothing and Household Goods Inc. v. William Scott Pearson¸ [2015] ONCA 170

Legal Issues – Appeal of a summary judgment motion dismissing plaintiff’s action for failing to provide sufficient evidence that a fire which destroyed the building in which the plaintiff was a tenant was caused by the landlord’s negligence

Neely v. ClubLink et al., Canadian Litigation Counsel (Third Party), 2014 ONSC 2866 (S.C.) overturned on appeal, 2014 ONCA 874 (C.A.)

Legal Issues – Indemnity under contract for party’s own negligence, in response to personal injury action arising out of injuries occasioned by negligent operation of a golf cart and golf course design

De Beers v. RLP Steel Fabricating, Ootahpan et al., [2013] ONSC 2550 (CanLII), upheld on appeal, [2104] ONCA 723.

Legal Issues – Summary judgment motion, waiver of subrogation
– was successful in seeking the dismissal of a $325,000 subrogated action on the basis that subrogation was waived by De Beers under the terms of two contracts, one between De Beers and RLP, the other between De Beers and its constructions manager AMEC
– upheld on appeal

MDS Inc. v. Zurich Insurance Co., 2013 CarswellOnt 6501 (S.C.J.)

Legal Issues – Motion seeking coverage under an Errors and Omissions insurance policy, sistership exclusion in CGL policy
– was successful in seeking a declaration that a policy of Errors and Omissions insurance issued by the Respondent ACE INA was valid and subsisting, and that the “loss of use” exclusion (sistership) relied upon by ACE INA to deny coverage to MDS was of no application

Liberty International a Division of Liberty Mutual Insurance Company v. The Bank of Nova Scotia, [2008] O.J. No. 2929 (S.C.J.)

Legal Issues – Appeal from the decision of an arbitrator on two questions of law
– legal issues included the jurisdiction of a judge on appeal from the decision of a private arbitrator, material misrepresentation/omission on an application for an increase in coverage and the onus of proving that a claim falls within coverage under an insurance policy

Olmstead v. Greenberg, [2001] O.J. No. 4545 (Gen. Div.)

Legal Issues – defendant homeowner brought a motion to dismiss claims for nuisance and breach of building code
– legal issues included the standard of review on a motion to dismiss, the interaction of Ontario Municipal Board decisions and court decisions and the application of the law of nuisance

Claus v. Wolfman (1999), 52 O.R. (3d) 673 (Gen. Div.)

Legal Issues – plaintiff sued various doctors and a hospital for injuries suffered during childbirth
– legal issues included the standard to obtain summary judgment in a medical malpractice action and the obligation of the plaintiff to establish a genuine issue for trial

Canadian Gas Association v. Guardian Insurance Co. of Canada, [1998] O.J. No. 5260 (Gen. Div.)

Legal Issues – applicant regulatory body applied for a declaration that it only had to pay one deductible in respect of a claim under an errors and omissions policy
– legal issues included the application of single or multiple retentions under a professional errors and omissions policy in response to multiple actions by aggrieved homeowners and coverage under a commercial general liability policy for allegations of professional negligence

Liberty Mutual Insurance Co. v. Hollinger Inc., [2002] O.J. No. 5419 (S.C.J.), affirmed on appeal [2004] O.J. No. 481 (C.A.)

Legal issues – plaintiff CGL insurer brought an application to determine its obligation to defend its insured in a civil rights/wrongful dismissal action commenced in Michigan
– legal issues included the test for determining the duty to defend, the obligation of an insurer to defend allegations of discrimination and the interaction of the fortuity principle with the plain language of the policy

Economical Mutual Insurance Co. v. 1072871 Ontario Ltd. (c.o.b. Lakeview Lunch), [1998] O.J. No. 4180 (Gen. Div.), affirmed on appeal

Legal issues – defendant tenant brought a motion for judgment in an action against it by the landlord’s subrogating insurer
– legal issues included landlord/tenant subrogation, the standard to meet in order to become a third party beneficiary of a property insurance policy and implied waivers of subrogation

Taub v. Manufacturer’s Life Insurance Co., [1999] O.J. No. 2658 (Gen. Div.)

Legal Issues – plaintiffs brought a motion to certify a class action against the owner of a building in which they were tenants
– legal issues included the elements required for certification of a class action, whether multiple claimants are required to have suffered injury in order to certify and whether a common issue was established

Jama (Litigation Guardian of) v. McDonald’s Restaurants of Canada Ltd., [2003] O.J. No. 2247 (S.C.J.)

Legal issues – defendant corporation brought a motion to strike the Statement of Claim against the directors and officers of the corporation
– legal issues included the standard of review on a motion to dismiss, whether an independent actionable tort on the part of the directors and officers is required, and various pleadings related issues

Gore Mutual Insurance Co. v. 1443249 Ontario Ltd. (c.o.b. Enroute Towing), [2004] O.J. No. 4822 (C.A.)

Legal issues – plaintiff insurer brought an application for a declaration that it had no duty to defend its insured under a standard Ontario automobile insurance policy
– legal issues included the standard of proof required to demonstrate acceptance of a OPCF 28A endorsement to the standard Ontario Automobile Policy and the insurer’s duty to defend in the face of an insured’s breach of policy condition
– upheld on appeal

Bywater v. Toronto Transit Commission (1999), 43 O.R. (3d) 367 (Gen. Div.)

Legal issues – defendant brought a motion for contempt against plaintiff’s counsel in a class action arising out of a TTC subway fire
– legal issues included breach of notice provisions of the Class Proceedings Act, 1992 and the standard of proof required to prove civil and criminal contempt of court

Bank of Nova Scotia v. Liberty Mutual Insurance Company (2003), 67 O.R. (3d) 699 (Div. Ct.)

Legal issues – plaintiff financial institution claimed indemnification under a policy of residual value insurance issued by the defendant
– legal issues included standard of review to be applied on appeal from a Case Management Master

Federated Insurance Co. of Canada v. Reliance Insurance Co., [2001] O.J. No. 4676 (Gen. Div.)

Legal issues – primary insurer sought a declaration that the excess insurer was obligated to share in funding of insured’s defence costs
– legal issues included apportionment of defence costs and expenses between primary and excess insurer, duty to defend and appropriateness of summary judgment

jjBarnicke Limited v. Commercial Union Assurance Company (1998), 40 O.R. (3d) 726 (Gen. Div.), affirmed on appeal [2000] I.L.R 1-3865

Legal issues – plaintiff sought indemnification under a fidelity bond issued by the defendant in response to losses suffered due to employee fraud
– legal issues included vicarious liability, misrepresentation on an application for insurance and insurance agency law

Spintex Yarns v. Liberty International Canada, [1999] O.J. No. 4545 (S.C.J.)

Legal Issues – appeal on the issue of the propriety of questions on an examination for discovery
– legal issues included propriety of questions calling for legal conclusions and touching on issues of solicitor-client privilege

Liberty Mutual Insurance Co. v. Hollinger Inc., [2002] O.J. No. 5419 (S.C.J.), affirmed on appeal [2004] O.J. No. 481 (C.A.)

Bank of Nova Scotia v. Liberty Mutual Insurance Company (2003), 67 O.R. (3d) 699 (Div. Ct.)

Federated Insurance Co. of Canada v. Reliance Insurance Co., [2001] O.J. No. 4676 (Gen. Div.)

Olmstead v. Greenberg, [2001] O.J. No. 4545 (Gen. Div.)

jjBarnicke Limited v. Commercial Union Assurance Company (1998), 40 O.R. (3d) 726 (Gen. Div.), affirmed on appeal [2000] I.L.R 1-3865

Bywater v. Toronto Transit Commission (1999), 43 O.R. (3d) 367 (Gen. Div.)

Taub v. Manufacturer’s Life Insurance Co., [1999] O.J. No. 2658 (Gen. Div.)

Claus v. Wolfman (1999), 52 O.R. (3d) 673 (Gen. Div.)

Economical Mutual Insurance Co. v. 1072871 Ontario Ltd. (c.o.b. Lakeview Lunch), [1998] O.J. No. 4180 (Gen. Div.), affirmed on appeal

Canadian Gas Association v. Guardian Insurance Co. of Canada, [1998] O.J. No. 5260 (Gen. Div.)

Assistants

Kathleen Logan
Kelly Brooks

Law Clerks

Justin Loveland