Lexpert Special Editions

4 | Editorial fortuna favet fortibus DECEMBER 2013 Special Edition Editor-in-Chief: Jean Cumming Competitive Litigation Spend Project Editor: Gina Fusco Product Process Lead: Jill Grove Managing Editor: Tim Wilbur THE US CHAMBER Institute for Legal Reform (ILR) is an organization with a clear point of view: "America's legal crisis is putting employees out of work, raising consumer prices, driving down shareholder value and bankrupting companies." To quantify that viewpoint, it released a study this year, International Comparisons of Litigation Costs: Europe, the United States and Canada. Particularly, they charted the "2011 Liability Costs as a Fraction of GDP" by analyzing liability insurance data — both aggregate insurance premium and loss data as well as individual companies' purchases of general liability insurance policies. It's not surprising that liability insurance coverage is sufficiently similar in European countries, the US and Canada to make for stable benchmarking — problems that give rise to litigation have become global after all. And it will surprise no one that the US has the highest cost: 1.66 per cent of GDP. Yet does it surprise you that Canada comes second at 1.19 per cent, ahead of third-place UK at 1.05 per cent? They are followed by European countries (with generally similar systemic legal protections in place) ranging from Ireland at 0.78 per cent down to the Netherlands at 0.40 per cent. The ILR concludes that "absent any offsetting benefit from differences in legal protections, higher liability costs in these countries reduce their international competitiveness." Accepting the ILR's thesis for a moment, is there an opportunity here for Canadian litigation firms and departments to move Canada's position on this chart? The Lexpert-ranked lawyers on these pages are adapting with their clients to new business realities. If anyone can improve, i.e., reduce this score, it will be with their leadership and continued excellence. Art Directors: Brianna Freitag John Kieffer Cover Photography: Don Dixon Director, Strategic Partnerships: David Bienstock Client Development: Grace So Account Manager: Joseph Galea Marketing & Circulation: Mohammad Ali Administrative Assistant: Patricia Ramsey This Lexpert Insert is published two to four times a year by Carswell, a division of Thomson Reuters Canada Limited. One Corporate Plaza 2075 Kennedy Road Toronto, ON M1T 3V4 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. This Lexpert Insert is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 40065782. ISSN1488-6553 Copyright © Thomson Reuters Canada Limited. All rights reserved. G.S.T. Registration # 897176350RT0002 Jean Cumming Editor-in-Chief LEXPERT®Ranked Lawyers Belmore, Neil R. Bernstein, Andrew E. Belmore Neidrauer LLP Torys LLP (416) 863-1771 neil.belmore@ belmorelaw.com (416) 865-7678 abernstein@torys.com Mr. Belmore is a founding partner of Belmore Neidrauer LLP. His practice relates to the litigation of intellectual property disputes. He has particular expertise in pharmaceutical patent litigation. Practises corporate/ commercial litigation with a focus on intellectual property matters involving patents, copyright, trade-marks, domain names, trade secrets and privacy disputes arising in the life sciences, IT, media and other industries. Bertrand, AdE, Jean G. Bienvenu, AdE, Pierre Norton Rose Fulbright Canada LLP Norton Rose Fulbright Canada LLP (514) 847-4401 jean.bertrand@ nortonrosefulbright.com (514) 847-4452 pierre.bienvenu@ nortonrosefulbright.com Mr. Bertrand focuses on corporate and commercial litigation, class actions, arbitration and administrative law including competition, transportation, international trade and energy. He is a Fellow of the American College of Trial Lawyers. Mr. Bienvenu practises international arbitration, commercial litigation and constitutional law. His international arbitration experience includes cases in telecommunications, aeronautics, construction, joint ventures, M&A and foreign investment. Bisson, Donald Block, QC, Randall W. McCarthy Tétrault LLP Borden Ladner Gervais LLP (514) 397-4261 dbisson@mccarthy.ca Mr. Bisson focuses on commercial and public law litigation, as well as local and national class actions involving securities, banking, contracts, consumer protection, misrepresentation and product liability matters. (403) 232-9572 rblock@blg.com Mr. Block's practice emphasizes energy litigation, commercial litigation and arbitration and regulatory proceedings. Representative matters include joint venture disputes, resource ownership challenges and shareholder actions. Fellow of the ACTL.

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