Commercial and general liability
Bodily injury and property damage claims under commercial general liability policies, defending insureds across a wide range of industries.
Toronto · Huntsville · Bowmanville
Toronto · Huntsville · Bowmanville
Practice Areas · Insurance Law
The Practice
My strength is finding the shortest path to the best possible outcome for my clients. Jim Davidson, Partner and Head of the Insurance Group
Insurers do not retain outside counsel for routine files. They retain counsel when a matter carries real exposure: a serious bodily-injury claim, a multi-party construction or fire loss, a coverage question that decides whether the policy responds at all, or a class proceeding that puts an entire line of business in issue. Those are the files this group is built for.
The insurance group is led by partners Jim Davidson and Chris Morrison, supported by a defence and coverage bench that includes Joel Cormier, Tiffany Usher, Hudson Chalmers, Kathleen Lefebvre and Margaret Klassen. We act for insurers and for the insureds they appoint us to defend, and we advise insurers directly on coverage.
What distinguishes the practice is its courtroom and appellate depth. Many claims resolve on paper. The ones that do not are resolved on the strength of counsel who try cases and argue appeals, and our results at first instance are backed by an appellate practice that has shaped Canadian law in both tort liability and insurance.
Who We Act For
Our clients are institutions and the professionals who run their files. We are retained to defend claims, to resolve them efficiently, and to advise on the coverage questions that sit behind them. The common thread is exposure that justifies experienced counsel.
We act for insurers across personal and commercial lines, defending the claims they assign and advising on the ones they question.
We work the way a claims department does: early assessment, a defence plan and budget you approve, and reporting that lets you set reserves with confidence.
When an insurer appoints us to defend its insured, that policyholder receives a trial-ready defence, with the duty owed to the insured fully respected.
We are retained as counsel by other defence lawyers on coverage questions, complex defences and appeals, including matters referred from firms without an in-house appellate group.
Lines We Defend
Our defence work spans personal and commercial lines. The matters we are most often retained on include the following. If a line is not listed, it does not mean we cannot assist, so please ask.
Bodily injury and property damage claims under commercial general liability policies, defending insureds across a wide range of industries.
Efficient, cost-effective defence of bodily-injury claims arising from motor vehicle accidents, including the interplay between tort claims and statutory accident benefits.
Defence of slip, trip and fall claims on behalf of general liability policyholders and the institutional clients who insure them.
Defence of commercial and residential fire and property loss claims, where insurers and adjusters apply close scrutiny to cause, origin and quantum.
Course-of-construction, defective work and related claims, including the coordination of multiple trades, sureties and insurers.
Wrap-up liability and builders risk exposures on large construction and development projects.
Defence of product liability and product-related property damage claims, including multi-defendant supply-chain disputes.
Defence of professional negligence and errors and omissions claims brought against insured professionals.
Environmental loss and contamination claims, including historical exposures and disputes that turn on pollution wording.
Cyber, data-breach and privacy claims, an area of growing exposure for insurers across every line.
Defence of class proceedings, including environmental losses, large property claims and product liability.
Prosecution of subrogated claims on behalf of insurers seeking to recover from at-fault third parties after a significant loss.
Coverage
Before a defence is ever mounted, the first question is often whether the policy responds at all. Jim Davidson is regularly consulted by insurers and by other lawyers on exactly that question, including coverage for uninsured and underinsured losses. We give coverage opinions that are practical and timely, written so a claims professional can act on them.
Where coverage is genuinely in issue, we advise on the duty to defend and the duty to indemnify, on reservation of rights and non-waiver, and we litigate coverage and priority disputes when they cannot be resolved any other way. Because we also run the underlying defence, our coverage advice is grounded in how the claim is actually likely to unfold.
Coverage turns on the specific policy wording and the facts of the loss. The analysis is file-specific, and we say so plainly when a question is genuinely unsettled.
Working With Insurers
Outside counsel earns its place by making a file easier to manage, not harder. That means an honest read early, a defence run in proportion to the exposure, and no surprises along the way.
A candid view of liability, exposure and likely cost at the outset, so reserves are set on real information rather than optimism.
We staff and run files to the exposure in front of us. Efficiency here is not a slogan; it is how the cost of defence is kept proportionate to what is genuinely at stake.
Clear, timely reporting aligned to your file-handling guidelines, with a defence plan and budget you approve and no gaps between updates.
Files resolve on terms that reflect how they would end at trial. Counsel genuinely prepared to try the case, and to argue the appeal, change that calculus in your favour.
Appeals
Insurance disputes do not always end at trial. An adverse judgment, a novel coverage ruling or a certification decision can put far more at stake on appeal than the original claim did. Davidson Cahill Morrison LLP runs its appeals in-house, and the same group that defends a file can carry it through the Divisional Court, the Court of Appeal for Ontario and, where it goes that far, the Supreme Court of Canada.
Chris Morrison has more than sixty reported decisions and has argued multi-million-dollar civil appeals, including the largest award of general damages for wrongful death in Canadian history. His work in the Court of Appeal and the Supreme Court of Canada has become part of the established law of tort liability and insurance. For an insurer, that means an appeal can be assessed honestly and argued by counsel who has been there before.
From Instruction to Resolution
Every matter is different, but a defence file tends to move through the same stages. We tell you what to expect at each one, and where the cost and the exposure actually sit.
We open the file quickly, clear conflicts, and confirm the scope of the retainer and exactly who we are instructed to act for.
A candid early view of liability, exposure and likely cost, so you can set reserves on real information from the start.
A defence strategy and a budget you approve up front, staffed to the exposure and aligned to your file-handling guidelines.
Documentary and oral discovery, and the right experts, to test the claim and narrow what is genuinely in issue.
Most files resolve on terms that reflect their trial value. When a reasonable resolution is not available, we try them.
If the result warrants it, the same group assesses and argues the appeal, without handing the file to anyone else.
Engagement
We are used to working within the structures insurers and claims departments already use. Fee arrangements are flexible and agreed at the outset, whether that means a panel or instructed rate, a litigation budget, or task-based billing, and the defence is staffed and run in proportion to what is actually at stake.
We act from offices in Toronto, Huntsville and Bowmanville, and appear in courts and tribunals throughout Ontario.
The Group
Insurers and the lawyers who refer to us work with senior counsel who try cases and argue appeals, supported by a defence and coverage bench across our offices.
My strength is finding the shortest path to the best possible outcome for my clients.
Jim heads the firm's insurance group and is a Law Society of Ontario Certified Specialist in Civil Litigation. He has been recognized by Best Lawyers in Canada for both insurance law and personal injury litigation since 2018, and is regularly consulted by insurers and other lawyers on coverage, including uninsured and underinsured losses. He began practising in 1993 and holds a Master of Laws in Dispute Resolution from the University of Sydney.
Full profileTrial verdicts boldly proclaim "It's over!" Appeals whisper "Not quite."
Chris co-leads the firm's defence practice and brings a 25-year career in appeals and civil litigation. He has argued multi-million-dollar civil appeals, including the largest award of general damages for wrongful death in Canadian history, and has more than sixty reported decisions in tort liability and insurance. His insurance experience spans general liability, cyber, environmental, builders risk, wrap-up liability and professional negligence, for national institutional and international clients.
Full profileThe most essential trait of a good litigator is not a readiness to fight, but a willingness to listen.
Joel's practice centres on subrogation, insurance defence, construction and personal injury litigation, with considerable experience at trial and on appeal. He has been recognized by Best Lawyers in Canada for personal injury litigation since 2023. He earned his law degree from Queen's University and was called to the Ontario bar in 2006.
Full profileWith diligent analysis I strive to obtain the best possible legal results for my clients.
Tiffany acts for insurance and individual clients across a broad range of civil litigation, including subrogation, coverage, occupiers' liability, property damage and product liability. Her experience on both sides of disputes gives her a tactical perspective she uses to her clients' advantage. She has appeared at every level of court in Ontario and holds her law degree from the University of Western Ontario.
Full profileAdvocating with purpose and compassion.
Hudson's practice includes personal injury and insurance litigation, and he takes pride in understanding both sides of a dispute and applying that to his clients' advantage. He completed his articles at the firm (then Will Davidson LLP) and was called to the Ontario bar in 2020. He holds a history degree from Queen's University and his law degree from the University of Windsor.
Full profileMy approach is grounded in delivering practical, effective solutions that get results.
Kathleen's practice is focused on insurance litigation and coverage, spanning property and casualty, occupiers' liability, motor vehicle, product liability and construction claims. In her coverage work she advises and litigates on commercial general liability, travel, automobile and homeowner policies, and she appears before the Superior Court of Justice and the Court of Appeal for Ontario. She holds her law degree from Queen's University.
Full profileI bring an analytical and compassionate approach with the aim to resolve my client's legal challenges efficiently and effectively.
Margaret brings a keen analytical mind to the group, with a strong foundation in the court system from seven years at the Superior Court of Justice before joining the firm. She earned her law degree from Western University and was called to the Ontario bar in 2024.
Full profileRecognition
Questions From Insurers and Counsel
We defend across personal and commercial lines: general and commercial liability, motor vehicle and bodily injury, occupiers' liability, fire and property loss, construction defects and wrap-up, product liability, professional negligence, environmental, cyber and privacy, and class proceedings. We also prosecute subrogated claims on behalf of insurers.
Yes. We are used to working within insurers' panel arrangements, litigation budgets and file-handling guidelines, and we agree fee terms at the outset of each retainer.
Yes. Jim Davidson is regularly consulted by insurers and other lawyers on coverage, including uninsured and underinsured losses. We provide practical, timely coverage opinions written so a claims professional can act on them.
Yes. Because we advise on coverage and run defences, our coverage analysis is grounded in how the claim is actually likely to unfold, and the two can be coordinated within one group. Where the duty to defend requires it, we address reservation of rights and any conflict at the outset.
We do. Appeals are run in-house by the same group, through the Divisional Court, the Court of Appeal for Ontario and, where necessary, the Supreme Court of Canada. Chris Morrison leads the firm's appellate work.
Across the firm, our lawyers act on both sides of insurance disputes, which sharpens the defence strategy we bring to an insurer's file. Conflicts are screened at intake, and the institutional clients of this group are defended by counsel retained to act for insurers.
We act from offices in Toronto, Huntsville and Bowmanville, and appear in courts and tribunals throughout the province.
Contact the insurance group directly. We will clear conflicts, confirm the scope of the retainer, and give you an early read on the file.
Work With the Insurance Group
Whether you need a coverage opinion, defence counsel on a matter with real exposure, or an appeal argued by counsel who has been there before, the insurance group at Davidson Cahill Morrison LLP is ready to act. Tell us what you are facing and we will give you a straight assessment.
Davidson Cahill Morrison LLP · 220 Bay Street, Suite 1400, Toronto · dcmlaw.ca