Practice Profile
Larry practices commercial litigation, insurance and product liability (including class proceedings), and has appeared before all levels of the Ontario and Federal courts, as well as the superior courts of Manitoba and Alberta. He is honoured to have been selected again by his peers for inclusion in Best Lawyers 2016 for Insurance, as well as Expert Guides in the areas of Litigation, Product Liability, Insurance and Reinsurance.

Larry has acted as lead counsel in over 70 trials and hearings, all of which went to a final decision or verdict. He has extensive experience with interlocutory proceedings, including being lead counsel on more than 15 injunctions, a number of which involved Anton Pillar Orders and Mareva Injunctions.

Larry is the co-author of a leading Canadian product liability text: Product Liability: Canadian Law and Practice, published by Canada Law Book. He acts as insurance coverage counsel for the Attorney General of Ontario and regularly represents auto manufacturers, aircraft manufacturers and other fortune 500 companies with respect to insurance, product litigation and regulatory issues. We are proud to include Hyundai, Cessna, Toyota, Celanese, and Volkswagen, as current clients.

Larry was Hyundai's Assistant General Counsel, responsible for all litigation and risk management for eight years. He has been Hyundai’s National Trial Counsel since 1995. While at Hyundai, he was a member of the legal subcommittee of the Association of International Automobile Manufacturers (“AIAMC”), and worked on various ad hoc committees relating to safety and alternative dispute resolution.

In addition to our primary coverage litigation practice for policy holders, Larry has participated in a number of inter-disciplinary projects involving both risk analysis and alternative risk management structures, and assisted clients on a broad range of complex insurance issues, in a variety of capacities, which include:

Underwriting submissions.
Policy drafting.
Risk profiling and management reviews.
Coordinating insurance and contractual allocations of risk.
Captive insurance programs.
Reinsurance coverage.
Claim submissions.

Auto Industry Experience
Larry has worked extensively in the auto industry, primarily in the areas of product liability, dealer disputes, risk management and commercial insurance. Some of his most significant accomplishments include:

Original draftsman, National Automobile Dealer Arbitration Program (“NADAP”)
Member, legal subcommittee for AIAMC (7 years)
Obtained Anton Pillar orders in three cases. One involved the sale of grey market goods by jobbers. Another involved substantial warranty fraud.
Acted as counsel for Hyundai and Toyota in $75 million Receivership of International Warranty Company Limited, and advised Hyundai on development of in-house extended warranty programs.
Developed and implemented field staff training seminars for legal issues such as effective dealer communications and product liability investigations.
Participated in development of various policy and procedure manuals, particularly in the parts, warranty and service areas.

Through this work, Larry continually expanded his industry knowledge and understanding of the business issues faced by a Canadian motor vehicle distributor. Since leaving Hyundai, he has continued his work in the industry.

Publications

He is a co-author of the loose-leaf text, Product Liability: Canadian Law and Practice (Canada Law Book, 2001).

He is the Editor of Covered and The Goods newsletters

“Broad exclusions do not apply simply because peril is in chain of causation” (Article in Covered, Fall 2014)

“Supreme Court of Canada expands scope of “willful misconduct” marine exclusion – no intent required” (Article in Covered, Summer 2014)

“Product Liability Coverage Issues: The Policyholder’s Perspective” Insurance Coverage and Practice: The Year Past/The Year to Come Professional Development Program, Osgoode Hall Law School
(March 4, 2004)

“Trends & Emerging Issues in the Automotive Sector” Insight Product Liability Seminar
(September, 2003)

“The Duty to Warn: Critical Issues You Need to Know”, Litigating Product Liability Cases: Essential Principles and Effective Techniques, Professional Development Program, Osgoode Hall Law School
(May 8, 2001)

“Uncommon Motions in 6 Minutes” Common & Uncommon Motions, (October 20, 1999), Law Society of Upper Canada

“Might Canadian Law Apply to that $10M Claim? If so, it may be Worth Only $50,000.00” The Defense (April, 1998)

“Concurrent Liability in Contract and Tort” Fernandes Hearn Theall Firm Seminar (March 9, 1999)

“The Duty of Care and Intermediate Examination: A Restatement” Fernandes Hearn Theall Firm Seminar (February 24, 1998)

“Emerging Trends” Product Liability Seminar (May 22, 1996)

“Exotic Motions” Common & Uncommon Motions, (December 1, 1995), Law Society of Upper Canada

“Up to the Minute Legal Developments of Interest for Product Liability Litigation”, Orims Conference (Spoliation) (November 10, 1995)

“Sanctions For the Destruction of Evidence”, Product Liability Seminar (October 26, 1995)

“Product Liability and Innovation: A Canadian Perspective”, Canadian-U.S. Journal, Vol.21 (October, 1995)

“Product Liability: The Value of Proactive Risk Management”, The CTMA Insider (April, 1995), published by the Canadian Toy Manufacturers Association

Academic Anneals at the University of Toronto: How the System Works, May, 1985.

Annotation for Reichmann v. Toronto Life (1991) 42 C.P.C. (2d) 17 (Validity of notice of examination and the right to examine first).

Annotation for Manufacturer’s Life v. Dofasco Inc. (1989) 38 C.P.C. (2d) 47 (Editing productions).

Annotation for Schultz v. Galvin (1988) 27 C.P.C. (2d) 253 (Obligation to seek medical notes and records, liability for related costs).

Annotation for Fekete v. 415585 Ont. Ltd. (1988) 27 C.P.C. (2d) 124 (Obtaining costs against former solicitor personally).

Annotation for Furlano v. Calarco (1987) 20 C.P.C. (2d) 279 (Production of medical notes and records).

“Indemnity and Insurance: False Security?” in Duties and Liabilities of Officers and Directors, The
Canadian Institute (November, 1992).

Contributing Editor, Carswell’s Practice Cases (1987 - 1996).