Contact David

Telephone: 613.749.4700 ext. 201

Fax: 613.749.4703

Email: dbertschi@boslaw.ca

v-card

Education

  • B.A., Carleton University
    Ottawa, Ontario (1980)
  • LL.B., University of Windsor
    Windsor, Ontario (1983)
  • Called to the Bar 1985

Languages

  • English
  • French

areas of practice

Insurance and Commercial Litigation – Product Liability, Property and Casualty, Catastrophic Personal Injury, Construction Liability, Life and Disability, Coverage, Employment and Professional Liability Litigation

Practice Summary

For over 33 years David has restricted his practice to insurance disputes and related litigation. He advises insurers, self- insured corporations, non-profit organizations, small and medium businesses and individuals on insurance, commercial, employment and human rights litigation.

David has acted as Counsel at Trial on coverage issues and in personal injury, accident benefits, property and casualty, commercial general liability, fire , fidelity, excess and reinsurance as well as in life and disability claims.

He continues to act as trial and coverage counsel on complex multi-party, multijurisdictional catastrophic losses.

David has the expertise to quickly identify key issues and fully develop appropriate strategies to successfully advance our client’s position on any insurance, inter-jurisdictional, commercial or civil litigation related dispute.

Fluently bilingual, David is also an Accredited Mediator which he uses daily in negotiating on behalf of the firm’s clients in court connected or private mediations, arbitrations and neutral evaluations. David is committed to finding the most cost-effective resolution for our clients which include local, national, and international insurance and reinsurance carriers and self insured companies.

An experienced advocate, David has appeared before a variety of judicial and administrative Boards, Tribunals, and Arbitration Panels.

David is a former part-time Assistant Crown Attorney and Ontario Human Rights Tribunal Prosecutor.

David has appeared before all levels of the Trial and Appellate Courts in Ontario and at the Federal Court of Appeal.

Reflecting on his substantial experience in insurance litigation, David has been invited to write and speak on complex issues of interest to insurers and self-insured corporate clients. He has spoken on cutting edge topics as the use of DNA in the Insurance Industry, Catastrophic Impairment and the AMA Guides, Aggravated and Punitive Damages, Employer and Commercial Host Liability, Uninsured and Underinsured Liability, Forum Non-Conveniens, and on Spoilation in the Trucking Industry.

David has spoken at the request of the Advocate’s Society on the Art of Cross-Examination and on several Insurance matters by: The Law Society of Upper Canada , The Ontario Bar Association, the Canadian Society of Medical Evaluators, The Canadian Academy of Psychologists and Disability Assessors, The Canadian Chamber of Commerce, Canadian Defence Lawyers, The Federation of Defense & Corporate Counsel, the Canadian and the International Association of Life Care Planners. David has also spoken at a number of higher learning institutions including at Carleton University, the University of Ottawa, the University of Windsor, the Richard Ivey School of Business at the University of Western Ontario, Memorial University and at Dalhousie University

David has also taught Business Law at Carleton University, Civil Procedure at the Bar Admission Course for  the Law Society of Upper Canada, at the International Institute for Research and at the Advocates Society.

Advocacy Affiliations

  • Canadian Defence Lawyers (President, 2015-2016)/Past Chair and current member of the Intervener committee (Amicus Curiae))
  • Federation of Defense & Corporate Counsel (Chair of the International Substantive & Law Group 2006-2012)
  • Ontario Bar Association (Board of Directors for the Insurance Section, 2010-2012)
  • Advocates Society

  • Association of Defense and Trial Attorneys
  • Carleton County Law Association
  • l’Association des juristes d’expression française de l’Ontario
  • Defence Research Institute (U.S.) – Insurance & International Law Committees
  • Insurance Institute (Ontario)
  • Canadian Society of Medical Evaluators

Selected Cases

  • Scaffidi-Argentina v. Tega Homes Developments Inc., 2017 ONSC 6530 (CanLII) and 2016 ONSC 5444 (CanLII).  Successfully represented a builder by significantly reducing the plaintiffs’ award of damages and recovered trial costs in favour of our client.
  • Crooks v. Geist et al, Crookes v. Newton et al, [2011] 3 SCR 269, 2011 SCC 47 (CanLII). Successfully represented defendant host in one of the first hyperlink/publication/Internet defamation cases in Canada. Was able to obtain dismissal without incurring trial and appellate costs.
  • State Farm Insurance v. Royal Sun Alliance,  Arbitration award upheld on appeal by the Ontario Divisional Court in which BOS Law successfully recovered approximately $750,000  in a loss transfer dispute for our clients’ costs for medical, attendant care and rehabilitation  benefits incurred by their severely injured insured.
  • Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835 (ON CA) 62 OR (3d) 345; 222 DLR (4th) 687; [2002] OJ No 4697 (QL); [2003] ILR 1; 119 ACWS (3d) 129; 167 OAC 20; 26 CLR (3d) 5; Successfully defended 4 small business owners  for over 7 months of trial and extricated clients from the $20,000,000 law suit with a dismissal order. After extricating our client, the consolidated law suit was appealed twice to the Ontario Court of Appeal and on coverage issues to the Supreme the Court of Canada.

Selected Papers and Seminars Delivered

  • Speaker and Moderator, “To Produce or Not to Produce… That is the Question”, “Litigating Production Issues from an Intercontinental Perspective: Europe: North America and Southeast Asia”, Federation of Defense and Corporate Counsel, (FDCC), Amelia Island, Florida, February 28, 2018
  • Speaker and Panelist, 2nd Annual Economic Symposium, Orleans Chambers of Commerce, Ottawa, November 21, 2017
  • Speaker and Panelist, “Cross Examination of a Mental Health Expert”, CSME, Program on “Concussions in the Medical-Legal Forum, the Pearls and Pitfalls”, Toronto, May 12, 2017
  • Speaker and Panelist, “How Experts Should Prepare, Report and Testify at Trial”, CSME, Program on “Concussions in the Medical-Legal Forum”, Toronto, May 11, 2017
  • Speaker and Panelist, “The CAT Came Back – A Definitive Workshop on Catastrophic Impairment Evaluation” and “Emerging Trends in The Law of Expert Evidence”, Presented to the CSME and The CAPDA, Toronto, March 31, 2017 and April 1, 2017
  • Guest Speaker, Risk Managers Association Meeting (RIMS), Ottawa, February 15, 2017
  • Speaker and Panelist, Winter Meeting, FDCC, Charleston, South Carolina, February 6, 2017
  • Representations before Mr. Justice Goudge, at the Civil Review Committee, Canadian Defence Lawyers (CDL), December 14, 2016
  • Speaker, “Litigating Chronic Pain – Defence and Plaintiff Perspective”, The Canadian Society of Medical Evaluators Symposium on Chronic Pain, Toronto, September, 2016
  • Speaker, “Welcome to Canada (Again!)”, “Winners, Losers and Lawyers, The Importance of Canadian Law to US and Canadian Manufacturers, Insurers and Corporations”, FDCC, 2016 AGM, Charlevoix, Quebec, July 26, 2016
  • Speaker , “The Butterfly effect of Chronic Pain on Life Care Plans in Canada.” Canadian Society of Medical Evaluators Conference on Canadian Life Care Planning: Addressing Damages in 2016.Toronto, June 3, 2016
  • Speaker, “Mitigating Liability Exposure and Risk Management for Small and Medium Business Owners in Today’s Toxic Litigation Environment”, Chamber of Commerce, Ottawa, June 23, 2016
  • Speaker, “Procedural and Substantive Changes to the Statutory Accident Benefits Schedule and their Application to Tort Claims”, Gore Mutual Insurance Company, April 22, 2016
  • Representation before Mr. Justice Goudge on his Review of Medical Malpractice, April 11, 2016
  • Speaker and Moderator, “Changes to the Statutory Accident Benefits Schedule (SABS) and their Effect on Catastrophic Personal Injury Awards”, Old Republic Insurance Company, March 18, 2016
  • Speaker, “Amendments to the Ontario Insurance Act: The significant impact which these changes will have on the valuation and processing of Catastrophic Personal Injury and Statutory Accident Benefit claims in Ontario.” Presentation to Head Office Claims for Canada, Old Republic Insurance Company, Hamilton, March, 2016
  • Speaker, “Making The Best of A Bad Situation-Understanding and Preparing to Avoid Litigation and How to Make the Current Insurance Regime in Ontario Benefit Your Clients”, London Life, February 24, 2016
  • Speaker, “The Quagmire of Collateral Benefits”, The Insurance Corporation of British Columbia, February 23, 2016
  • Speaker, “Changes to the Insurance Act of Ontario: The significant impact that the upcoming changes will have on Ontario motorists, injured parties and the Insurance Industry”,  London Life, Eastern Regional Head Office, Ottawa. February, 2016
  • Speaker and Presenter, “A Primer on the Ontario Automobile Insurance Regime” Insurance Corporation of British Columbia, Vancouver, October 1, 2015
  • Speaker, “Inter-jurisdictional issues in Tort” Canadian Defence Lawyers, Annual “Best Defence Symposium” at The Terminal City Club, Vancouver, September, 2015
  • Speaker and Panelist, “ Legal and Medical update and the impact of FSCO’s recently released report “Enabling Recovery from Common Traffic Injuries: A focus on the Injured Person” on Personal Injury and Statutory Accident Benefit claimants.” SCM Health Solutions, 3rd Annual Industry Leadership Seminar, Toronto, August, 2015
  • CDL Spokesperson, Ministry of Finance of Ontario “Changes to the Insurance Act”, Toronto, June 2015
  • Program Chair and Speaker, “The Top 10 Canadian Insurance Cases of 2015”, Canadian Defence Lawyers AGM, Toronto, June 2015
  • Speaker, “2014 Ontario Higher Education Risk Management Symposium”, Algonquin College, Ottawa, May, 2014
  • Guest Speaker, “Protecting your dental practice and reputation from disgruntled patients in the 21st Century”, Ottawa Dental Association, Ottawa, February, 2014
  • Speaker & Co-Host, “A Primer for Litigating Cross-Border Insurance and Product Liability Disputes”, Toronto, November, 2013
  • Chair and Moderator, “Preparing and Eliciting Expert Testimony at Trial”, Canadian Defence Lawyers Symposium, Ottawa, May, 2013
  • Author, “Contributor to the A.S.K. – Advisors Seeking Knowledge – A Comprehensive Guide to Succession and Estate Planning” (LexisNexis, 2013). Referred to as “The Dr Spock” reference for succession planning experts, public accountants and the wealth management communities, David wrote and edited the A.S.K’s chapter on Insurance Law [2013]
  • Speaker, “Preparing for Expert Testimony”, CSME, Ottawa, November, 2012
  • Speaker and Panelist, “Traumatic Brain and Other Related Sports Injuries: the Canadian Legal Perspective.” The FDCC, Summer Conference, Plenary session, British Columbia, August, 2012
  • Speaker and Moderator and Panelist, ”Conflict of Laws: An Update on Forum non Conveniens” FDCC, British Columbia, July, 2012
  • Speaker and Panelist, “The Virtual Cocktail Party-Marketing your Practice”, ADR & International and Substantial Law Practice Section Meetings, Phoenix, Arizona, February, 2012
  • Speaker and Panelist, “The Evolution of the Statutory Accident Benefit Schedule-First Party Benefits in Motor Vehicle Accident Claims”, CSME, Toronto, November, 2011
  • Speaker, “How to succeed when applying Ontario’s new Rules of Civil Procedure to Expert Evidence [and other miscellany].” CDL, Annual Continuing Legal Education Symposium, Vancouver, September, 2011
  • Speaker, Moderator and Panelist, “International Commercial Arbitration”. FDCC, International Practice and Substantial Law Section, Williamsburg, Virginia, July, 2011
  • Speaker and Moderator, “Update on Forum Non-Conveniens” FDCC, International Practice and Substantial Law section, Williamsburg, Virginia, July, 2011
  • Speaker, “Canadian Law and NAFTA; Can Oil, Gas and Water in Canada and the United States Really Mix?” FDCC, Plenary session, Indian Wells, California, March 3, 2011
  • Speaker, ”Understanding the Myths and the Realities of the business of the practice of law”, Ontario Bar Association – Young lawyers division, Ottawa, February, 2011
  • Speaker, “Subrogation and Spoilation” ASAP, Education and Training Resources Session, Ottawa, December, 2010
  • Program Chair and Moderator “Insurance Law: A practical guide to Expert Opinion under the new Rules of Civil Procedure”, Ontario Bar Association, Toronto, November, 2010
  • Keynote speaker, “The need for National IME standards”. 2010 An Authoritative Insurance Update. Canadian Society of Medical Evaluators (CSME), Toronto, November, 2010
  • Paper, “The new Rules of Civil Procedure in Ontario and their applicability to Life Care Planners testifying in Canada – Advice for the Life Care Planners who prepare reports and testify at Trial or Arbitration”. 2010 International Symposium for Life care planning, Orlando, Florida, September, 2010
  • Speaker and Panelist, “Sex Lies and Videotapes – Cyber Liability in a Digital World” -FDCC, Summer Meeting – Plenary session, Munich, Germany, July, 2010
  • Speaker, “A Look at the Top Ten Cases in Canada; Foretelling Things to Come”, Annual General Meeting and Conference, Canadian Defence Lawyers, Toronto, June, 2010
  • Speaker and Panelist, “The New Rules of Civil Procedure and the Proposed Changes to the Statutory Accident Benefits Schedule”, Gore Mutual Insurance Company, Seminar for claims management and claims personnel, Cambridge, Ontario, March, 2010
  • Speaker and Panelist, “Bodily Injury Claims and the Current Automobile Scheme in Ontario, the Duty of Insurers, Advanced Payments, Litigation, Mediation, Joint and Several Liability, Protected Defendants and the Statutory Accident Benefits Schedule”, Mutual Insurers Association of Canada AGM, Cambridge, Ontario, March, 2010
  • Speaker and Panelist, “Protecting the Corporate defendant north of the 49th parallel”, FDCC – Trial tactics, International Practice and Substantive Law Section meeting, Orlando, Florida, February, 2010
  • Speaker, “Testifying as an expert in the Canadian legal system”- International Symposium on Life Care Planning, Chicago, September, 2009
  • Speaker and Moderator, “Forum Non- Conveniens around the World.” Substantive Law Section meetings of the FDCC, Virginia, July, 2009
  • Author, “Insurance Law Primer”- The T.A.S.K. – The Trusted Advisor’s Survival Kit – published by Lexis Nexis 2009. Referred to as an authorative reference for succession planning experts, public accountants and wealth management communities, David wrote and edited the T.A.S.K’s chapter on Insurance Law (2009)
  • Speaker and Panelist, “Revision to the Rule of Civil Procedure in Ontario and their impact on Productions and Privilege and Collateral Benefit Deductibility.” – Belair Insurance – Seminar for claims management and claims personnel, Ottawa, April, 2009
  • Speaker and Panelist, “Current trends and pitfalls in Canadian Transportation Cases”, FDCC, Hawaii, February, 2009
  • Speaker, “Commercial General Liability Policies” – Ottawa Valley Adjusters Association, Mid-Winter Meeting, Ottawa, February, 2009
  • Speaker, “Managing Litigation and Risk Exposure”, Carleton University, Ottawa, Ontario, November, 2008
  • Speaker and Panelist with Dr. Arthur Amies, Dr. Ken Reesor and J. Simmons at the “Catastrophic Impairment Determination and the AMA Guides Conference”, Sudbury, Ontario, October 2008
  • Speaker, “Expert Witness, Direct Examination and the Wave of the Future”, Canadian Defense Lawyers, Trial Tactics Conference, “What you must know to win from Ontario’s Top Defence Counsel”, Toronto, Canada, October, 2008
  • Speaker, “Condominium Corporation Liability”, Presentation on Practical and Legal Strategies for Condominium Corporations, Directors and Managers, Ottawa, September, 2008
  • Speaker and Panelist, “Crafting winning responses to RFP’s.” Management, Economics and International Law Practice Section”, FDCC, Banff, August, 2008
  • Speaker, “How to Avoid Bad Faith Exposure”- Ontario Insurance Adjusters Association -Annual General Meeting, Ottawa, June, 2008
  • Speaker and Panelist, “Emerging Issues in Damages”, Hot topics in Motor Vehicle Insurance Law, hosted by the Law Society of Upper Canada, the Ontario Bar Association, the University of Ottawa and The Carleton County Law Association, Ottawa, May 2008
  • Speaker, “Review of Current Case Law” Catastrophic Impairment, Determination and the AMA Guides Conference, CSME, Ottawa, December, 2007
  • Speaker, “Preparing the Expert for Trial”, Chiropractic Association, Annual General Meeting, Ottawa, November, 2007
  • Speaker, “Developments in Extra-Contractual liability”, Property and Casualty Insurer, Ottawa, August, 2007
  • Speaker and Moderator, “How to avoid Bad Faith exposure for Adjusters and Insurers while working in the Insurance industry”. Ontario Insurance Adjusters Association, Annual Out-of-town meeting, Ottawa, June, 2007
  • Speaker, “Alcohol Liability in Ontario” Legal Talk-Radio CHIN, Ottawa, April, 2007
  • Speaker, “Punitive and Aggravated damages- adjuster liability”, Paper presented to the Ottawa Valley Adjusters Association, Ottawa, January, 2007
  • Speaker, “Social, Employment and Commercial Host Liability in the University Setting”, Paper presented to the Canadian Association of University Solicitors in Kingston, September, 2006
  • Speaker and Panelist, “Bad Faith Litigation in Canada” presented to Claims management personnel at ING, Ottawa, August, 2006
  • Speaker, “Extra-Contractual Liability is on the Horizon”, paper presented at the Out of Country Health Coverage Seminar sponsored by Optimum Re Insurance, Toronto, May, 2006
  • Speaker, “Commercial and Social Host Liability”, paper presented to the Insurance Broker Association, Ottawa, March, 2006
  • Speaker, “A Primer for Navigating the Congestion of the Uninsured, Underinsured and Unidentified Motorist Cover”, paper presented at the Ontario Bar Association, Hot Topics in Motor Vehicle Insurance Law Conference, Toronto, November, 2005
  • Speaker, “Problems with Reinsurance in the Canadian context” EU-LEX Conference, Toronto, October, 2005
  • Speaker and Panelist, “Aggravated and Punitive Damages” Canadian Defence Lawyers Symposium “A Primer for Litigating Disability Claims”, Toronto, February 2005
  • Speaker and Panelist, “Canada’s new privacy law – PIPEDA, Commercial and Social Host Liability”, paper presented at the Canadian University Reciprocal Insurance Exchange Conference, Carleton University, Ottawa, November, 2004
  • Speaker and Panelist, “Legal Issues for Life Care Planners”, paper presented to the Canadian Institute of Life Care Planners at the Sprott School of Business, Carleton University, Ottawa, September, 2004
  • Speaker and Panelist, “Canada’s New Privacy Act, PIPEDA”, Ottawa Valley Adjusters Association, Ottawa, April, 2004
  • Speaker, “PIPEDA and the Insurance Industry”, Royal Sun Alliance claims management and personnel, Ottawa, Canada, February, 2004
  • Speaker and Panelist, “Bill 198: Ontario’s Amendments to the Insurance Act: the next Mutation- Challenges and Pitfalls” Carleton County Law Association – Civil Litigation Symposium – Practical Skills for the litigator, Montebello, Quebec, November, 2003
  • Speaker, “Risk Management and Ontario Universities”, Ontario University Risk Management Workshop, Canadian University Reciprocal Insurance Exchange, Ottawa, November, 2003
  • Presenter, ‘Commercial and Social Host Liability”, Transportation Association of Canada, Ottawa, November, 2003
  • Presenter, “Stock Broker Liability”, National Bank Financial, Ottawa, August and October, 2003
  • Speaker, “Alcohol Liability in Ontario” – current issues relating to Social Hosts and Occupier’s Liability” – Insight Professional Seminars for Risk Managers, Claims personnel and lawyers, Toronto, November, 2002
  • Speaker, “Social Host and Ontario Motor Vehicle Law”, paper presented to claims representatives of the Insurance Corporation of British Columbia, September, 2002
  • Guest Speaker, Bad Faith Claims: The Development of a Distinctive Canadian Approach or California North”, Commercial Litigation Conference, Insight Publications, Hyatt Regency in Vancouver, September, 2002
  • Speaker, “Practical legal considerations for Rehabilitation practitioners in the 21st Century”, Canadian Association Rehabilitation Professionals, Ottawa, March, 2001

Awards – Acknoeledgements

  • 2018 Business Leader of the Year. Business Excellence Award presented by the Orléans Chamber of Commerce.
  • 2017 Canada 150 Award for Community Service Award. Presented by Ontario Solicitor General. and Minister for Francophone rights, .M. F Lalonde.
  • 2017 Outstanding Community Volunteer Award. Presented by City of Ottawa Deputy Mayor and Orléans Councillor, Bob Monette.
  • 2017 Recognition for Outstanding Service. Presented by the Canadian Legion Branch No. 622.
  • 2016 Exceptional Performance Citation. Presented by DRI, The Voice of the Defense Bar, For having supported and improved the standards and education of the defense bar, and for having contributed to the improvement of the administration of Justice in the public interest.
  • 2014 Professional of the Year. Business Excellence Award presented by the Orléans Chamber of Commerce.
  • 2012 Queen Elizabeth II Diamond Jubilee Award. Presented by the Province of Ontario, to recognize those citizens who have made a significant contributions to Ontario and Canada.
  • 2011 Professional of the Year. Business Excellence Award presented by the Orléans Chamber of Commerce.
  • 2004  The Ray Hnatyshyn Volunteer Lawyer of the Year Award. Presented by Mrs. Gerda Hnatyshyn on behalf of the Resource Education Advocacy Centre for the Handicapped (REACH).
  • 1994 L’Expert Recognized Insurance Lawyer.
  • 1983 University of Windsor Faculty of Law. Gold Medal for Extracurricular and Academic Merit.

Representative Work

For a listing of the numerous cases in which Mr. Bertschi has successfully acted for clients, please contact
David Bertschi at dbertschi@boslaw.ca

For a further listing of speaking engagements and papers presented by David Bertschi, including :“Breaking new ground – the use of DNA in the Insurance Industry”, Insurance Law for Condominium Corporation’s, Director and Owners liability”: “The interplay between the Workers Safety Insurance Board and the Insurance Act”, ” Inter jurisdictional claims”, ” Extra – contractual Liability” and “The effective use of surveillance in litigation”, please contact David by email at dbertschi@boslaw.ca . or by phone at 613-749-4700.