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In the 24 months since Canadian Lawyer’s previous Top Insurance Defence Law firms report, the demands have heightened on the sector’s leading lawyers.
Those working in the industry note that clients expect greater levels of knowledge as cases have become increasingly specialised, meaning the best firms have transformed into strategic partners, rather than being regarded as the external service providers as they have been in past times.
In addition, they’ve had to meet an expectation of more efficient legal solutions as cost pressures have ramped up significantly, not only from clients but also internally.
The top performing lawyers in the sector stand out for being able to chart a decisive course for clients from the beginning of the case, both from a business and legal perspective, and do not deviate or waste resources.
CL’s Top Insurance Defence Law Boutiques 2025–26 are not only experts in their field but have a well-rounded industry appreciation beyond legal expertise including an understanding of the practices, trends, and nuances.
The prestigious winners list was determined by a comprehensive survey of lawyers, in-house counsel, and clients. To qualify, firms needed to have the majority of their work focused on insurance defence. The final rankings were based on a points system that factored in the votes received, combined with insights from the Lexpert peer survey and feedback from senior members of the bar.
Among the industry developments are:
Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 as a landmark ruling, encompassing issues regarding the allocation of defence costs among serial insurers, time-on-risk in contract and equity, questions regarding relief from forfeiture and pre-tender defence costs, and conflicts of interest and defence reporting agreements.
A focus on genetic discrimination (GD), meaning differential treatment of an individual compared to others based on actual or presumed genetic information. The Genetic Non-Discrimination Act (GNDA) was passed in 2017 to protect Canadians, but a team at the Centre of Genomics and Policy of McGill University has found that many life insurance companies have found ways to circumvent the rules.
Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 is another landmark case that provides clarity on the extent of an insurer’s duty to defend in relation to covered and uncovered claims brought against an insured in an underlying action. It confirmed a self-insured retention is not akin to a policy when considering whether a concurrent policy exists for coverage.
Lax e-scooter insurance is casing issues notable for Canadian municipalities.
Ontario’s Court of Appeal affirmed a Toronto jury’s punitive damages award of $1.5 million, the largest known punitive damages award in a Long-Term Disability (LTD) claim in Canada, according to the plaintiff’s counsel. The Court ruled in favour of a former employee of Humber River Hospital in her dispute with Blue Cross Life Insurance Company of Canada over disability benefits.
The Insurance Bureau of Canada (IBC) launched a campaign to inform the public of the impact that runaway legal costs and litigation fees are having on the auto insurance premiums of Alberta drivers.
The nation’s best insurance defence law firms continue to offer specialized expertise and industry knowledge while setting new standards.
One key and growing line of insurance defence work is handling cyber insurance claims.
The skyrocketing cost of a data breach jumped 10 percent globally in 2024 to USD $4.88 million due mainly to business disruption and post-breach response activities, and the value that expert defence counsel adds is clear.
Interestingly, while average data breach costs dropped to $4.66 million in 2024 from $5.13 million in the previous year in Canada, the country remains in sixth place on a list of 15 countries and regions evaluated.
The financial services industry, including insurers, is second only to healthcare, which continues to have the costliest data breaches since 2011. But data breach costs for financial sector organizations rose slightly in 2024 to $6.08 million.
As highlighted by an industry expert at one of Canada’s largest insurance and wealth management groups, insurance defence law boutiques’ success lies in understanding client processes, contributing to improved efficiency and ensuring cost-effective, high-quality outcomes.
“Knowledge of case law is important, but also the specifics of coverage and their track record in how they work,” explains iA Financial Group’s corporate director of litigation, Jacques Waite. “We usually work with individuals; if they change firms, we’ll often follow them.”
According to Waite, new legal developments can significantly impact the work of insurance defence law firms, such as:
New case law and precedents, as well as changes in regulations and laws, are factors affecting legal work across all areas, including insurance.
New areas of liability are important to monitor.
Case decisions can sometimes come out of nowhere, requiring lawyers to stay informed of developments.
“These changes are often one-offs that don’t become trends. It hits us unexpectedly, so we need people to stay informed, but we’ve had a few in the last few years particularly concerning costs,” he adds. “That’s certainly a concern for us on the life side.”
Underlining the importance of vigilance and awareness, Waite emphasizes that top insurance defence law firms proactively address emerging issues to avoid inadvertently reinforcing bad precedents.
Waite points out that the expectation for efficient and effective legal solutions has intensified significantly since the pandemic, with greater pressure to save costs now passed to boutique firms.
These changing demands also reflect clients’ desire for a strategic partner rather than just an external service legal services provider, a critical driver of success when one considers that iA Financial Group doesn’t work with firms unwilling to work in this manner.
The top insurance defence law firms understand this demand, prioritizing streamlined processes and cost-effective solutions in partnership with clients.
“We don’t want lengthy 10-page summaries of cases when we can handle that in-house for a fraction of the price they would charge us,” Waite says. “We have more flexibility with boutiques because we can do some of the work in-house and let them handle the rest at the outset.”
To succeed, the top insurance defence law firms must align their strategies with client expectations for efficiency and business focus.
As Waite has noted, some of those key strategies include:
Flexibility and collaboration: Firms need to be willing to handle cases halfway, if required, stepping in to support internal teams during trials or capacity issues after an Ontario or Quebec client has done part of the work, such as discoveries or mediation.
Efficiency over overworking: Successful firms focus on the most effective solution right from the start, avoiding unnecessary work or drawn-out processes that waste time and resources.
Business-minded legal solutions: Firms must understand their clients’ business concerns and processes to provide recommendations that align with organizational values and goals.
Strong relationships: Firms that nurture long-standing relationships and demonstrate a deep understanding of client philosophies are most valued.
For Waite, effective insurance defence counsel needs more than just legal know-how. Excellence in the field comes from an in-depth understanding of all mitigating factors, such as analyzing medical reports in disability claims and choosing credible and objective experts.
“Typically, the people we work with have this industry knowledge, which goes beyond legal expertise,” Waite adds. “It includes understanding the industry’s practices, trends, and nuances.”
Canadian Lawyer’s Top Insurance Defence Law Boutiques 2025–26 represent the best in class across the country, as determined by a comprehensive survey of lawyers, in-house counsel, and clients.
To qualify, firms needed to have the majority of their work focused on insurance defence. The final rankings were based on a points system that factored in the votes received, combined with insights from the Lexpert peer survey and feedback from senior members of the bar.
The Top Insurance Defence Law Boutiques survey spotlights the exceptional expertise and dedication shaping Canada’s insurance defence law space. While all the winners’ outstanding reputations have earned the trust of their clients and referral partners, three standout firms profiled are pushing boundaries and setting benchmarks for excellence, affirming the collective achievement of the entire Top 10 list.
With over 60 years in the insurance defence space, the long-time top firm has built a reputation for excellence that continues to earn accolades year after year.
Benson Percival Brown’s 13th win in Canadian Lawyer’s prestigious recognition program is a testament to the strength of the team’s legal expertise, client service, and satisfaction.
“Our clients’ ongoing success is our ongoing success; it’s a symbiotic relationship,” partner Eli Lipetz explains. “We reject a one-size-fits-all approach and pride ourselves on understanding our clients’ needs and wants, allowing us to offer more customized, tailored solutions to meet their specific goals.”
Canadian Lawyer’s survey respondents highlighted where the firm stands out:
“Friendly and personalized service.”
“Excellent relationship with its clients, knowledge base, and work ethic. It is a hardworking yet deeply personal space where each member is valued.”
“More personal relationship with all members of the firm.”
Several core strategies underpin the firm’s success in serving a diverse range of clients, from multinational insurers to large national insurers:
A client-centric approach prioritizing an understanding of clients’ unique priorities and objectives, with a focus on transparent and effective communication to deliver cost-efficient, responsive solutions tailored to their needs.
Proven experience and expertise in handling a broad range of matters, from emerging areas in the insurance space to legacy issues.
Investment in the team’s ongoing development to stay current on legal trends, case law, industry practices, and changing legislation.
Insurance law is evolving rapidly, driven by technological advancements and the introduction of new insurance products, such as cyber and environmental policies, notes Lipetz.
This compels the firm stay to stay ahead of developments to provide informed and effective counsel. To achieve this, the firm promotes ad hoc case law discussions, formal lunch-and-learns, and guest speakers who share insights into the latest trends.
“All these steps ensure, to the best of our ability, that we are one step ahead of where we should be, allowing us to service our clients the best we can,” Lipetz remarks.
Benson Percival Brown highlights how technology is a major driver of change in the insurance sector, noting that clients increasingly rely upon it to enhance productivity, streamline operations, and drive revenue and profitability.
“As insurers adopt advanced technological solutions – and they are often at the cutting edge – they expect their business partners, including ourselves as legal counsel, to follow suit by leveraging similar tools to improve our own efficiencies and outcomes,” Lipetz adds.
The firm continuously assesses how it incorporates technology into its processes, focusing on tools that enhance efficiency without compromising quality. Some of those tools include data analytics to make faster, more reasoned decisions, helping to deliver better client results.
“We’re not using a blunt sword with the use of technology,” Lipetz reflects. “We’re being very cautious with it, evaluating where it can advance our clients’ objectives.”
One such noteworthy example includes partnering with Armour Cybersecurity to enhance the firm’s cyber resilience.
Benson Percival Brown is equally dedicated to nurturing its internal talent, exemplified by the fact that 90 percent of its partners began as articling students, some dating back to the 1970s.
“We’re committed to attracting, developing, and retaining top-tier talent,” he says. “This approach ensures professional development, long-term career satisfaction, and a strong internal culture.”
The top insurance defence law firm has been a staple on Canadian Lawyer’s prestigious list, affirming its status among the best in the country for the ninth time due to its legal and client service excellence.
The following approaches underpin Stieber Berlach’s success over nearly three decades:
Recognition for handling some of the most high-profile and complex cases, consistently delivering outstanding results at both the trial and appellate levels.
A client-first approach that prioritizes listening and understanding the unique needs of insurers and their insureds to develop tailored solutions, whether through aggressive litigation or practical resolutions.
Clear and consistent communication with timely reporting and ongoing dialogue to ensure clients feel fully supported.
“We have a reputation for doing complex work on high-profile files, and we place a high priority on client service and doing the best legal work we can,” says Elizabeth Bowker, an experienced trial and appellate lawyer known for her expertise in insurance law and class action litigation. “I think that’s being recognized with our success at various appellate levels as well as in trial decisions.”
Respondents praised the top insurance defence law firm for its:
“Individualized service with a focus on client needs.”
“High-quality work and lawyers.”
“Value for money; experienced lawyers.”
Like other top law firms recognized in this edition, Stieber Berlach’s insurance sector clients are becoming increasingly sophisticated and specialized.
“They know the law and what cases are worth, so we have to consistently deliver excellent service and legal work to these sophisticated and knowledgeable clients,” Bowker remarks.
She also highlights the growing complexity of reporting requirements, as many of the firm’s clients operate internationally, making the ability to meet strict deadlines and provide timely updates essential.
“We have to be proactive to help our clients meet their own internal needs while ensuring their cases are handled effectively,” she says.
At the same time, Bowker emphasizes the enduring importance of personal relationships, where trust is paramount, and there’s no replacement for picking up the phone to talk to clients and strengthening relationships.
While Stieber Berlach embraces technology to manage the increasing complexity of litigation, its lawyers use these tools cautiously. For example, iManage is used for document management, along with various eDiscovery platforms such as Relativity, Reveal, Nuix, and DISCO for reviewing large data sets and productions. AI is also utilized in particularly voluminous cases, along with optical character recognition tools like Adobe Pro and Kofax Power PDF.
“We focus on e-discovery tools that enhance efficiency without compromising quality,” Bowker explains. “It’s about finding the right balance between using technology effectively and maintaining the high standards our clients expect.”
The firm’s collaborative, non-hierarchical culture is another key factor in its success.
“We have a close connection among colleagues, with partners working closely with junior associates,” Bowker says. “It’s a supportive environment that fosters teamwork and mentorship.”
This culture has proven instrumental in attracting and retaining top-tier talent. Bowker’s tenure with the firm, which began in 2006, reflects the loyalty and satisfaction Stieber Berlach inspires in its lawyers.
“We focus on being practical, determining what truly needs litigation, identifying opportunities for early resolution, and using the court system or alternatives to achieve the best outcomes, even if that means we resolve files quite quickly,” she adds.
Another stalwart of Canadian Lawyer’s prestigious top insurance defence firms list earned recognition for the ninth time, driven by strong client relationships and a service-oriented culture.
Since its founding in 1997, the firm has grown to nearly 50 lawyers, reflecting its wide breadth of insurer clients and the legal might needed to serve their needs.
The survey participants pointed out the law firm’s close-knit environment:
“The work-life balance is acknowledged and appreciated.”
“We know everyone, and it is like family.”
“Better quality work.”
“Access to mentorship and less bureaucracy.”
“We’re all about service,” partner Eric Grossman says. “We pride ourselves on being responsive, proactive, and invested in helping our clients achieve their goals in a timely way.”
The firm’s sustained excellence is attributed to several strategies and approaches:
Giving clients what they need to know, not necessarily what they want to hear, honestly and straightforwardly, particularly during difficult conversations.
Committed to being timely, cost-effective, and responsible in everything it does, focusing on meeting deadlines, being sensitive to court and tribunal constraints, and staying ahead of issues.
Resolving matters efficiently and effectively, eschewing a cookie-cutter approach or keeping files in a holding pattern.
“Our overarching philosophy is to be proactive and resolve files quickly, knowing they will be replaced by new ones and leave behind very happy clients,” notes Grossman.
One of the most significant developments for the firm has been the increasing focus on cybersecurity and cyber awareness, especially for its major insurer and financial institution clients.
“They have rigorous standards, and we’ve adapted by maintaining a high level of security and awareness to meet their expectations,” he reflects. “It’s a significant responsibility and often costly, but it’s essential to our clients’ trust.”
Additionally, the firm has embraced technology to improve file management and case tracking.
“We don’t necessarily jump into every piece of new software that’s out there, but by the same token, we continue to adapt as a firm and do a good job of recognizing ways to be more efficient through technology, and we’re firm believers in that,” Grossman explains.
To sustain its competitive edge, the top insurance defence law firm prioritizes investing in its people. That commitment is illustrated by the fact that it hired back all five articling students from 2023.
Its people-first talent approach involves developing proactive, anticipatory, and service-minded lawyers who respond quickly to clients, resolve issues efficiently, and think creatively.
“We’ve made great strides in investing in our people, and we want to get them early so we can train them to become leaders of the profession,” Grossman adds.
Canadian Lawyer’s eighth bi-annual Top Insurance Defence Law Boutiques survey asked lawyers, in-house counsel, and clients across the country to select insurance defence firms that represented the best in class in 2025.
To be considered in the vote, firms were required to have the majority of their business come from insurance defence work. The final rankings were determined through a points system in which firms were rewarded on a sliding scale for the number of votes by ranking.
The quantitative results were combined with the Lexpert peer survey results, where applicable, along with feedback from respected senior members of the bar.