New Decision Addressing Issue of Privilege

Since our launch in 2013, BridgePoint Indemnity Company (Canada) Inc. (“LISC”) has been routinely asked if our indemnity agreements are privileged and if a defendant can demand disclosure of the cost protection we offer.

In prior blogs, LISC noted that our indemnity agreements are subject to privilege and should not be disclosed (please see our December 31, 2015 blog on the topic). Some recent decisions on point confirm this.

In Hayes v. The City of Saint John (“Hayes“) the Court reaffirmed that an indemnity agreement was subject to “litigation privilege” as the agreement was an integral part of the plaintiff’s litigation strategy.  The Judge noted…

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LISC® helps litigation guardian in $3.5M trial award

LISC® was able to provide legal cost protection for a litigation guardian in Ontario, allowing their counsel, Graves & Richard Professional Corporation, the opportunity to achieve a significant trial victory on behalf of a catastrophically injured claimant.

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The Pros and Cons of Legal Cost Protection Webinar presented by Amanda Bafaro, Chief Risk Officer at LISC

What is legal cost protection? How can it help you? Do you need it? Are you looking for a way to level the playing field with the insurance companies and are you tired of them pushing your clients around? This one hour webcast is essential for all personal injury lawyers.

Live webinar hosted by
Wednesday, May 25 at 12:30pm

course info

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Court Precedent Confirms Indemnity Agreements are Privileged

On April 11, 2016, the New Brunswick Court of Queen’s Bench set a precedent when it held that a third party financing and indemnity agreement was protected by litigation privilege. This decision was part of a motion to approve the FIA in the putative class action, Hayes v. The City of Saint John (“Hayes”). Koskie Minsky LLP and McKiggan Hebert act as counsel for the plaintiff in Hayes.

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LISC legal cost protection helps secure $800,000 for injured man

An Ontario court has awarded $800,000 in damages — 25 times more than the defendant initially offered — to a 45-year-old injured man after his lawyer obtained LISC legal cost protection and levelled the playing field between the plaintiff and the defendant’s insurance company, says BridgePoint Indemnity Company chairman and CEO John Rossos.

“This case gives an excellent example of how a lawyer artfully used legal cost protection, or what is otherwise considered ‘new technology’ in a way that created a massive shift in the fortunes of his client,” he tells

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LISC Risk Management Successfully Launches New Legal Expense Insurance Product

TORONTO, March 8, 2017 /CNW/ – LISC Risk Management Inc., formerly BridgePoint Indemnity Company Inc. (“LISC”), is pleased to announce that LISC Legal Cost Protection™, a new legal expense insurance product underwritten by Omega General Insurance Company, is available for personal injury litigation. LISC Legal Cost Protection™ has been fully approved by Canadian federal and provincial financial regulators and is now available to new clients across the country.

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Standard of care evolving to include ATE indemnity advice

For personal injury lawyers launching a lawsuit, the standard of care is evolving to include advising clients of the availability of legal cost protection, or as European insurers operating in this market refer to it, ‘after-the-event’ (ATE) insurance, BridgePoint Indemnity Company chairman and CEO John Rossos tells Law Times.

As the article notes, Ontario courts are currently considering the treatment of ATE legal cost indemnities and insurance, which allow litigants to protect themselves from the risk of a cost order and can also be provided as a blanket guarantee for a law firm that needs protection for its disbursements.

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Indemnity and funding agreements: an issue of privilege

A recent Ontario Superior Court of Justice decision highlights important legal issues concerning privilege as it relates to indemnity and funding agreements, says BridgePoint Indemnity Company Chairman and CEO John Rossos.

“This matter is instructive because it emphasizes the need for counsel to claim privilege for these types of agreements to ensure the client’s interests are properly protected,” he tells

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The Recoverability of Indemnity Fees – The Debate is Just Beginning

Since BridgePoint Indemnity Company (Canada) Inc. (LISC) introduced LISC Legal Cost ProtectionTM to the Canadian legal market, a fundamental question posed by the personal injury bar is whether the indemnity fee charged is recoverable from the defendant. Until recently, there has been no Canadian decision addressing this issue.

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New Developments in the use of LISC Legal Cost ProtectionTM on Security for Costs Motions

One of the advantages that LISC Legal Cost ProtectionTM from BridgePoint Indemnity Company (Canada) Inc. (“LISC”) offers is that it is a useful tool in defending motions or applications for security for costs. We have previously written about the outcome of such motions and applications on this blog. A decision released by the Ontario Superior Court of Justice on July 21, 2015 reinforces the court’s acceptance of LISC Legal Cost ProtectionTM as providing adequate security for a defendant.

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