Paul S. Prosterman

Senior Partner
Norton Rose Fulbright Canada LLP

Paul S. Prosterman

Paul S. Prosterman

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Biography

Paul Prosterman practises mainly in the areas of  insurance law, class actions, pharmaceutical and consumer product liability.

On the insurance front, he has considerable experience respecting insurance coverage, providing opinions and defending insurers' coverage positions; insurance defence; policy interpretation and drafting; "Canadianizing" policy wordings; professional liability insurance; technology errors and omissions; cyber liability; commercial general liability and property claims. He has considerable experience managing books of insurance business and working with insurers on primary, excess and run-off claims

On the class actions front, he has considerable experience in respect of product liability and recalls of drug, consumer and commercial products, and in defending life science companies in relation to prescription and over-the-counter drug products and consumer goods and industrial companies.

Licensed to practise law in Quebec, and Ontario and Saskatchewan, his class action expertise spans the country.

Mr. Prosterman regularly works with clients based in Canada, the United States and Europe on matters requiring the collaboration and coordination of counsel in different jurisdictions. He has extensive experience in multijurisdictional litigation involving insurance and product liability issues.


Professional experience

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B.C.L., McGill University, 1989
LL.B., McGill University, 1989
B.A., Western University, 1985

  • Ontario 2006
  • Quebec 1990
  • Saskatchewan 2016

Mr. Prosterman has been extensively involved in matters relating to:

Insurance

  • Acting as coverage counsel with respect to several accountants liability programs for accounting firms and CPAs throughout Canada
  • Acting as coverage and defence counsel for Lloyd's and domestic insurers on CGL, property, D&O and errors and omissions policies, and including the defence of denials of coverage
  • Acting as coverage counsel to an insurer in relation to two major proposed class actions against its insureds, who are various major junior hockey teams and leagues. The first proposed class action arises out of alleged sexual, physical and verbal abuse and misconduct by teammates and coaching staff (in the guise of "hazing"). The second proposed class action remains a confidential matter. It alleges physical injuries arising out of the long-term effects of a team sport, and the alleged failure of the teams and leagues to prevent or properly treat those injuries
  • Canadianization of policy forms to ensure compliance throughout a pharmaceutical commercial general liability Insurance policy  to make it compliant in Canada (in all the common law and civil law province of Quebec)

Class action

  • Acting for several international conglomerate pharmaceutical companies in the defence of numerous class actions respecting  drug products, including hormone replacement therapy, a female contraceptive, a cholesterol-lowering medication, children's cough and cold medications, acid reflux medication and HIV treatment and prevention medications. In particular, playing a key role as the senior class action litigation partner for the Quebec-based litigation
  • Acting for a consumer products conglomerate in defence of numerous putative class actions across Canada, and product liability actions commenced against the client respecting such products as denture cream adhesives, children's cough and cold medications, baby soap, shave foam

Product liability

  • Acting for an international pharmaceutical company in litigation claiming damages from the supplier of a defective ingredient which lead to a national recall of the finished over the counter drug product.
  • Acting for a water heater supplier in respect of a national recall and in the claim against the supplier of a defective component.
  • Acting as defence counsel in relation to an action commenced in Montreal against a floor-covering distributor and manufacturer with respect to an alleged faulty product

Cyber

  • Acting as coverage and defence counsel on various cyber and tech Liability policies for London-based insurers, in respect of breaches of personal information experienced by the insureds. Includes providing information sessions to insurers' claims teams on such issues as developments in privacy legislation and reporting requirements throughout Canada, identifying the key privacy legislation in the various provinces, identifying the threshold criteria for reporting to the various privacy commissioners and individuals in the various provinces, the state of privacy litigation (in particular class proceedings for data breaches) across Canada
  • Best Lawyers in Canada: Class action litigation, director and officer liability law, product liability law, 2018-2022
  • Canadian Legal Lexpert Directory, 2016: recommended in Professional Liability
  • Canadian Legal Lexpert Directory, 2015-2016: recommended in Litigation – Directors’ and Officers’ Liability
  • Who’s Who Legal, Canada, 2015: Life Sciences
  • “Cyber risk – What can we learn from the experience of North America?” conference, Norton Rose Fulbright LLP, London, England, March 2015.
  • Pharmaceutical and Life Sciences Law Conference (Pharmaceutical Product Liability), Norton Rose Fulbright Canada LLP, Montreal, June 17, 2014.
  • “Cyber Liability, Employment Practices Liability, and Crime: Underwriting, Claims and Legal Perspectives” (moderator), Professional Liability Society [PLUS] Canadian Western Chapter, Calgary, November 20, 2013.
  • “Cyber Liability: Emerging Trends, Legislation, Breach Prevention & Response” (moderator), Professional Liability Society [PLUS] Canadian Chapter, Montreal, November 14, 2013.
  • “The Issues Related to CPA’s Professional Liability Insurance,” Quebec order of chartered professional accountants, Montreal, October 21, 2013.
  • “Life Sciences and Pharmaceutical Law Conference (Pharmaceutical and Medical Devices, Regulatory and Product Liability Update),” Norton Rose Canada LLP, April 16, 2013.
  • “CLAIMS, CLAIMS, CLAIMS in the world of D&O/E&O” (moderator), Professional Liability Society [PLUS] Canadian Chapter, Montreal, November 22, 2012.
  • “Les enjeux pour les CPA en matière de responsabilité professionnelle,” Quebec order of chartered professional accountants, Montreal, October 16, 2012.
  • Moderator and speaker, “LGBTA Network Launch in Montreal,” Norton Rose Canada LLP, Montreal, October 11, 2012.
  • “Life Sciences and Pharmaceutical Law Conference (Pharmaceutical Product Liability Litigation In Canada),” Norton Rose Canada LLP, Montreal, June 13, 2012.

·       Bar of Montreal: LGBTQ2+ Committee (2019-)

·       GRIS (Groupe de Recherche et d'Intervention Sociale): Fundraising Committee (2012-2018)

·       Pride At Work: Governor (current)Professional Liability Underwriting Society (PLUS): US Head Office Chapter: Education Committee (2013-current)

·       PLUS Canadian Chapter: Chair (2011-2013); Vice Chair (2009-2011); Board member (2013-2015)

·       PLUS Quebec Chapter: Chair (2009-2013); Board member (2013-current)

·       Bar of Montreal: Secretary (1999)

·       Lord Reading Law Society: Past member of Executive and Board of Directors

·       Junior Bar Association of Montreal: Past Director; Treasurer ; Vice-President

 

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