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A winning slice of Canadian PII

30 July 2010 / Phillip Oldcorn
Issue: 7428 / Categories: Features , Profession , Insurance / reinsurance
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Phillip Oldcorn looks west for PII inspiration

Earlier this month, Canadian Gordon Nixon, CEO of Royal Bank of Canada, addressed the British Bankers Association annual conference and talked through the reasons why Canadian banks have weathered the worldwide financial crisis relatively unscathed. He summarised why and how Canada had got it right during the boom years. Simple concepts are the key; sound macro economic policy, well capitalised, well-managed banks, geographic and portfolio risk spreading, strong, common sense regulation; and most importantly the structure of the Canadian housing and mortgage markets, which feature strong risk management strategies.

Canadian practices and the regulation of solicitors mirror the English system in most respects. Solicitors have always controlled conveyancing, complying with a set of professional conduct rules that would be instantly recognisable in this country.

Disproportionate losses

In 1995, the profession in Ontario, governed by the Law Society of Upper Canada (LSUC), faced similar problems with its professional indemnity insurance (PII) market to those we’re currently facing in England & Wales. Canadian

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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