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Philippa G. Samworth, ASM

Senior Partner

Philippa G. Samworth is a partner at Dutton Brock and her area of practice is in insurance defence (Accident Benefits), as well as providing Mediation and Arbitration services. Miss Samworth has a number of achievements and was retained by the Ministry of Finance of Ontario as a consultant to provide analysis and technical advice to the Ministry on its preparation and drafting of the new Automobile Insurance Legislation: Bill 59 and its regulations.

In May 1997, Philippa was appointed to the Minister’s Committee for Designated Assessment Centres and chaired that Committee in 1998, 2000 and 2001-2004.

In March of 2004 Miss Samworth was again retained by the Minister of Finance to conduct stakeholder consultations and provide advice and recommendation on proposals to replace the DAC system.

Philippa is the recipient of numerous awards including:

  • First recipient of the Lee Samis Award for Excellence (Canadian Defence Lawyers);
  • First recipient of the Ontario Bar Association Award for Excellence in Insurance Law;
  • The Medical-Legal Society Award;
  • The Advocate’s Society Medal.

In October of 2007 Philippa was inducted into the American College of Trial Lawyers, and in 2020 Philippa was inducted into the Canadian Academy of Distinguished Neutrals (mediators.ca).

Philippa received her B.A. and LL.B. from Queen’s University and was called to the Bar of Ontario in 1979. In 1990, she was certified by the Law Society of Upper Canada as a Specialist in Civil Litigation. In October of 2007, Miss Samworth was inducted into the AmericanCollege of Trial Lawyers.

Awards
In 2002 Philippa was the first recipient of the prestigious Canadian Defence Lawyers’ Lee Samis award for excellence.

On April 27, 2006 she became the first recipient of the OBA Award of Excellence in Insurance Law. Philippa has also been recognized in “Best Lawyers in Canada” annually since 2008.

In September, 2014 she received The Advocates’ Society Medal, which is the highest expression of esteem that the Society can convey to one of our members. It is intended to honour those who have demonstrated clearly their pre-eminence as counsel and who are acknowledged unequivocally as leaders of the bar; who have been dedicated and active members of the Society, and who have made a significant contribution to the profession of law and to the wellbeing of the community at large.

In 2016 Philippa was awarded the Medico-Legal Society of Toronto Award.

Lectures
Philippa has lectured for the Law Society of Ontario, Canadian Bar Association-Ontario, Advocates’ Society, Canadian Defence Lawyers, and the Ontario Trial Lawyers Association to name a few.

Publications
Philippa is the author of numerous papers in the personal injury/MVA field.

Philippa is a member of:

  • The Canadian Bar Association
  • The Metropolitan Toronto Lawyers Association
  • The Advocates Society – Past President and Chair of the Insurance Committee
  • The Medico-Legal Society – Past President and on council since 1995
  • The Canadian Defence Lawyers Association – Founding Member
  • The American College of Trial Lawyers

For information regarding Ms. Samworth’s rates for Mediation and Arbitration, please click: Mediation and Arbitration Rates

Decisions:

Co-operators & Definity – Decision re Priority Dispute dated October 17, 2024

Economical & Echelon – Award Priority Dispute dated July 30, 2024

Pembridge & MVACF – Award Priority Dispute dated July 19, 2024

Intact & Security National – Award Priority Dispute dated July 15, 2024

Intact & TD – Decision Priority Dispute dated June 10, 2024

Aviva & RSA – Award Priority Dispute dated May 2, 2024

Co-op & Chub – Decision Priority Dispute dated April 8, 2024

Aviva & Economical – Award Loss Transfer dated April 5, 2024

Echelon & Aviva – Award Loss Transfer dated March 8, 2024

MVACF & The Personal – Award Priority Dispute dated February 5, 2024

Portage Mutual & Certas – Decision Priority Dispute dated January 5, 2024

Commonwell Mutual & Optimum – Decision Priority Dispute dated December 12, 2023

Echelon & Gore – Award dated August 23, 2023

ICBC & Wawanesa – Decision re Production Motion dated August 17, 2023

Aviva & Repwest – Award re: loss transfer of single heavy commercial vehicle accident with two policies dated July 13, 2023

Justice A.P. Ramsay Appeal Court decision dated July 13, 2023 upholding Arbitrator Samworth’s decision of MPI & ICBC – January 21, 2022 –Award re: loss transfer

Pembridge & Economical – Award re Priority Dispute – February 15, 2023

Co-op & Security – Award with respect to preliminary issue – February 7, 2023

Echelon & Gore – Decision re preliminary issue – December 21, 2022

The Co-Operators & Economical – Award – September 9, 2022

Primmum & Allstate – Award re financial dependnecy – September 7, 2022

Security National & Intact – Award – August 15, 2022

Wawanesa & Commonwell – July 6, 2022 – Decision re Reimbursement

Certas Direct & Wawanesa Mutual – May 24, 2022 – Award re Priority Dispute

Allstate & Traders and Unifund – February 24, 2022 – Decision re Transmission of force

Echelon & Dominion – January 31, 2022 – Award

Coseco & Liberty and GMAC – January 31, 2022 – Decision

Waterloo & Security – January 26, 2022 – Decision re Costs

Caradoc & Economical – January 26, 2022 – Costs Decision

MPI & ICBC – January 21, 2022 – Award re: loss transfer (Please see above Justice A.P. Ramsay’s Appeal Court decision dated July 13, 2023 upholding Arbitrator Samworth’s decision in this matter)

Heartland & Wawanesa – January 19, 2022 – Award re: policy cancellation

The Co-Operators & Aviva – December 14, 2021 – Award re: policy cancellation

TD & Wawanesa et al – September 29, 2021 – Decision re: Preliminary Issues

Caradoc & Economical – September 8, 2021 – Award re: Fault

Dufferin & Aviva – August 12, 2021 – Award re: adjusting fees

Economical & Intact Insurance – July 19, 2021

Decision re Dependency – March 24, 2021.

Wawanesa & Commonwell – February 9, 2021 Decision re: Motion for EUO

RSA & Co-Operators – February 5, 2021 Decision re: Motion for Production

Certas & Allstate – November 2, 2020 Award re: Priority Dispute

The Co-Operators & Intact – December 22, 2020 Award re: Priority Dispute

Aviva and Unica – August 18,2020 Decision re Dependency Issue

CHUBB and The Personal – July 6, 2020 Preliminary Decision re: Production Issue

CHUBB and Allstate – June 26, 2020  Award re: Preliminary Issue

ACE INA and I.C.B.C. – June 19, 2020 Awards re: Preliminary Issue

Echelon General Insurance and Hay Mutual Insurance – October 18, 2019 – Decision on “ordinarily present/resident in Ontario”

The Dominion and Intact Insurance – September 10, 2019 Decision

Echelon Insurance and AIG Insurance – September 10, 2019

Intact & The Dominion of Canada General Insurance and Wawanesa – September 4, 2019 Decision regarding Priority Dispute September 4, 2019

The Co-Operators & Insurance Corporation of British Columbia – August 1, 2019 Decision regarding Priority Dispute

Aviva Insurance and Wawanesa Insurance – July 24, 2019 Decision regarding Financial Dependency

The Co-Operators & Intact – May 4, 2019 Decision regarding Financial Dependency

The Co-Operators & ACE INA & The Dominion of Canada General Insurance – May 8, 2019 Award regarding Financial Dependency

Wawanesa and The Commonwealth Mutual Insurance – May 8, 2019 Award regarding Financial Dependency

Aviva and Economical – April 11, 2019 Decision re Interpretation of the OPCF-28A/Excluded Driver Endorsement

Certas and Economical – April 10, 2019 Decision, Priority and Loss Transfer

Coseco & Liberty Mutual and GMAC – December 21, 2018 Award Decision

Security National & Unica – December 18, 2019 Decision re Costs Award

Intact & Dominion & Wawanesa – February 21, 2019 Reasons and Order re: productions as well as the Decision re: Preliminary Issue

Jevco and Economical – June 29, 2018 loss transfer

Wawanesa and North Bridge Commercial Insurance Corp – May 4, 2018 Priority Dispute

Unica and State Farm – April 10, 2018 Loss Transfer

Unica and Wawanesa – May 9, 2018 Priority Dispute

Wawanesa and AXA – October 2010 (Sec 42 assessments under loss transfer)

RBC General Insurance and Geico – March 2010 (Priority / Effect of a PAU)

Lambton Mutual and ING – June 2009 (Priority / Dependancy)

Motors Insurance and York Fire & Casualty – December 2009 (Priority / Dependancy)

ING and Primmum – August 2006 (Jurisdiction of an Arbitrator under Reg. 283/95)

Unifund and St. Paul Fire & Marine – August 2000 (Priority / Regular Use)

Commercial Union and Boreal – December 1998 (Loss Transfer Production issue)

Economical Mutual Insurance Company and York Fire & Casualty Insurance Company —January, 2013 (Priority/Dependency)

The Economical Mutual Insurance Company and Zurich Insurance Company — March, 2013 (Loss Transfer)

St. Paul Fire and Marine Insurance Company/Travelers Insurance Company of Canada and Wawanesa Mutual Insurance Company —January, 2014 (Priority)

Certas Direct Insurance Company and Royal & SunAlliance Insurance Company of Canada — May, 2014 (Loss Transfer)

Chartis Insurance Company of Canada and The Motor Vehicle Accident Claims Fund — August, 2014 (Priority)

TD General Insurance Company and Sovereign General Insurance Company — 2015 (Priority)

The Dominion of Canada General Insurance Company and Aviva Canada Inc., Guarantee Company of North America and Zurich Insurance Company Ltd — February, 2015 (Loss Transfer)

Optimum Insurance Company and Royal & SunAlliance Insurance Company and The Dominion of Canada Insurance Company — February, 2015 (Priority)

Economical Mutual Insurance Company and Intact Insurance Company — May, 2015 (Loss Transfer)

Hay Mutual Insurance Company and West Wawanosh Mutual Insurance Company — November, 2015 (Priority)

The Dominion of Canada General Insurance Company and Certas Direct Insurance Company — December, 2015 (Priority)

Intact Insurance Company of Canada and Economical Mutual Insurance Company — December, 2015 (Priority/Dependency)

The Dominion of Canada General Insurance Company and TD General Insurance Company — December, 2015 (Priority)

Jevco Insurance Company and Chieftain Insurance Company — March, 2016 (Priority)

Wawanesa Mutual Insurance Company and Northbridge Insurance — September, 2016 (Costs and Interest Hearing)

Security National Insurance Company and Unica Insurance Company — October, 2016 (Priority/Notice)

State Farm Mutual Automobile Insurance Company and Belair Insurance Company —October, 2016 (Loss Transfer)

Coseco Insurance Company and Liberty Mutual General Insurance Company and GMAC Insurance Company —December, 2016 (Priority Dispute/Jurisdiction)

Wawanesa Mutual Insurance Company and ACE INA Insurance — December, 2016 (Loss Transfer)

The Dominion of Canada General Insurance Company and TD General Insurance Company — April, 2017 (Priority)

Economical Mutual Insurance Company and Echelon Insurance Company — December, 2017 (Priority/Reimbursement)

Economical Mutual Insurance Company and Echelon General Insurance Company — December, 2017 (Priority/Dependency)

Assistants

Halina Paluch

Law Clerks

Nancy Coppola