Ian Rose

Partner / Montréal
Telephone 514 877-2947
Fax 514 871-8977
[email protected]

Profile

Partner

Ian Rose is a senior litigator with a focus in the areas of civil and commercial litigation, insurance law, and class actions. Mr. Rose specializes in complex disputes involving multiple parties in the fields of product liability, professional liability, directors' and officers' liability, and insurance coverage. He also acts as monitoring counsel in litigation involving multiple jurisdictions.

Mr. Rose is a certified mediator with mediation and arbitration experience in various fields including insurance, construction, and intellectual property. He has also acted as an expert before the Superior Court of Justice (Ontario) and the High Court of Justice in London, England.

Representative Mandates

  • Lead counsel for an industrial chemical products supplier sued in a class action filed on behalf of the victims of a legionella outbreak in Quebec City
  • Lead counsel for several insurers involved in litigation concerning the application of Quebec law to the worldwide professional liability insurance program of Coopers & Lybrand in the context of the Castor Holdings litigation
  • Lead coverage counsel for the liability insurer of one of the main parties in litigation involving hundreds of claims totalling some half a billion dollars involving defective concrete
  • Lead counsel for a D&O insurer sued directly as defendant in a class action along with the directors and accountants of a company allegedly having included misleading information in its IPO prospectus
  • Lead counsel for Chubb Insurance Company of Canada before the Quebec Court of Appeal and the Supreme Court of Canada in a landmark decision concerning duties of directors and officers in Canada, Peoples Department Stores v. Wise
  • Lead counsel before the Quebec Superior Court and the Quebec Court of Appeal defending a multinational industrial products manufacturer in a multimillion dollar lawsuit involving an allegedly defective recovery boiler
  • Counsel for a leading Canadian directors and officers insurer in a coverage dispute involving several million dollars in defence costs in the context of lawsuits instituted in the U.S. involving claims of hundreds of millions of U.S. dollars
  • Lead negotiator in achieving landmark agreement between Quebec authors and book publishers leading to the creation of the Quebec copyright collective COPIBEC – Société québecoise de gestion collective des droits de reproduction

Publications

  • DRI Compendium Writing a Reservation ofRights (co-author, Quebec section)
  • "Legal Developments for Directors and Officers in Canada" (co-authored) in Executive Risks: A Boardroom Guide 2012/13, by White Page in collaboration with Willis Finex Global
  • "Quelques réflexions sur la responsabilité du fabricant au Québec à la lumière de l’arrêt Domtar", AGRAQ, January 22, 2009
  • "Recent Developments in the Securities Class Action Field in Canada" in PLUS Magazine, February 2006
  • "Canada (& Quebec)" (co-authored with André Laurin & Isabelle Lamarre) in The Willis Worldwide Directory of Directors' and Officers' Liability, 3rd ed., London, 2005 

Conferences

  • "Statutory civil liability remedies for investors in the secondary securities markets", F.P. publication, 4th Conference on the liability of directors and officers, February 2013
  • "Exploring Trends in D&O Liability – Certain Canadian Trends", Canadian Institute’s 12th Annual Forum of Directors’, Officers’ and Fiduciary Liability, Montreal, October 22-23, 2009
  • "The Canadian ABCP Experience: The Montreal Accord of 2007 and the Metcalfe & Mansfield CCAA Plan of Arrangement" as part of the PLUS conference "La crise mondiale du crédit : où en sommes-nous ? Où allons-nous?; D&O, E&O et autres types de responsabilité", PLUS Seminar, Montreal, May 6, 2009
  • "Directors' Duties: The Supreme Court Confirms that Directors Owe No Fiduciary Duty to the Company's Creditors", McGill University, Faculty of law, Montreal, February 8, 2006
  • "Current Developments in D & O Litigation: What You Need to Know in Light of Peoples v. Wise and other Recent Court Decisions", Canadian Institute, October 25, 2005
  • "When They Sneeze... Emerging Trends in Canadian Directors' & Officers' Claims", RIMS Canada, Montreal, September 19, 2005
  • "Peoples Department Stores Inc. v. Wise: Directors' Duties Defined", QRIMA, November 2004
  • "The Liability of Pension Plan Administrators in the Quebec and Canadian Context", QRIMA, Montreal, February 26, 2004
  • "Barbarians at the Gate? Corporate Disclosure and Securities Class Action Litigation in Canada", QRIMA, Montreal, February 15, 2001

Distinctions

  • The Best Lawyers in Canada in the fields of Director and Officer Liability, as well as Insurance Law, 2018
  • The Canadian Legal LEXPERT® Directory in the field of Director and Officer Liability, 2016
  • Who’s Who Legal in the field of Insurance & Reinsurance, 2017
  • Practical Law Company (PLC) Cross-Border Insurance Handbook
Lexpert 2016 Best Lawyer 2018

Education

  • B.C.L., McGill University, 1971
  • B.A., McGill University, 1968
  • Member of the Barreau du Québec since 1973
  • Certified mediator (Quebec Bar, Arbitration and Mediation Institute of Quebec and ADR Institute of Canada)

Boards and Professional Affiliations

  • Canadian Bar Association
  • American Bar Association
  • International Bar Association
  • Professional Liability Underwriting Society (PLUS)
  • Defense Research Institute
  • Canadian Defence Lawyers
  • Arbitration and Mediation Institute of Quebec (IMAQ)
  • ADR Institute of Canada
  • Founding member of the Quebec section of the Canadian Chapter of the Professional Liability Underwriting Society (PLUS), 2002-2014
  • Member of the Board of Directors and the Editorial Board of the Cahiers de propriété intellectuelle, 1998 - 2008
  • Member of the National Steering Committee of the Canadian Chapter of PLUS, 1996 - 2007

Specialities

  • Certified mediator

Publications by Ian Rose

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