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 class actions, pharmaceutical and consumer product liability, and insurance law.

On the class actions front, he has considerable experience defending life science and consumer goods companies in respect of product liability, in relation to prescription and over the counter drug products and consumer goods. Licensed to practise law in Quebec and Ontario, his class action expertise spans the country.

On the insurance front, he has considerable experience respecting insurance coverage; policy interpretation and drafting; claims handling; litigation and dispute resolution; professional liability insurance for professionals such as accountants, lawyers, directors and officers; employment practices liability insurance; technology errors and omissions; cyber liability and film production claims. He also provides insurance due diligence, opinions on the type and scope of policies maintained and considered by companies and advice on the incorporation and regulation of insurance companies and captives.

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:

Product Liability

  • Acting for an international pharmaceutical company in the defence of class actions respecting diet drugs in multiple jurisdictions across Canada, including responsibility for the administration of the settlement
  • Acting for an international conglomerate pharmaceutical company in the defence of numerous class actions respecting various distinct drug products including hormone replacement therapy, a female contraceptive, a cholesterol-lowering medication, and children’s cough and cold 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
  • Acting as defence counsel in relation to an action commenced in Montréal against a floor-covering distributor and manufacturer with respect to an alleged faulty product

Insurance

  • Acting as coverage counsel with respect to an accountants liability program issued through BFL Canada for Lloyd’s of London for accounting firms Grant Thornton LLP, BDO Canada LLP and RSM Richter LLP
  • Acting as coverage counsel with respect to an accountants liability program issued through the Association of Insured Chartered Accountants throughout Canada
  • Advising a technology company client on litigation expense and directors and officers' liability insurance including drafting a bespoke policy in these regards and taking steps to have the draft policy considered by foreign and domestic insurers for issuance
  • Acting as coverage counsel with respect to defamation actions commenced against a Canadian insurer
  • Canadianization of a pharmaceutical commercial general liability Insurance policy  to make it compliant in Canada (in all the common law and civil law provinces)
  • Retained to review policy forms and documents to be used by a vision care insurer in Canada and to review the regulations applicable in Quebec, Ontario, Alberta and British Columbia pertaining to reporting requirements in relation to complaints, grievances and appeals

 

  • The Best Lawyers in Canada, 2017: recommended in Class Action Litigation
  • 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
  • Speaker, “Cyber risk – What can we learn from the experience of North America?” Conference, Norton Rose Fulbright LLP, London, England, March 2015.
  • Speaker, Pharmaceutical and Life Sciences Law Conference (Pharmaceutical Product Liability), Norton Rose Fulbright Canada LLP, Montreal, June 17, 2014.
  • Moderator, “Cyber Liability, Employment Practices Liability, and Crime: Underwriting, Claims and Legal Perspectives,” Professional Liability Society [PLUS] Canadian Western Chapter, Calgary, November 20, 2013.
  • Moderator, “Cyber Liability: Emerging Trends, Legislation, Breach Prevention & Response,” Professional Liability Society [PLUS] Canadian Chapter, Montreal, November 14, 2013.
  • Speaker, “The Issues Related to CPA’s Professional Liability Insurance,” Quebec order of chartered professional accountants, Montreal, October 21, 2013.
  • Speaker, “Life Sciences and Pharmaceutical Law Conference (Pharmaceutical and Medical Devices, Regulatory and Product Liability Update),” Norton Rose Canada LLP, April 16, 2013.
  • Moderator, “CLAIMS, CLAIMS, CLAIMS in the world of D&O/E&O,” Professional Liability Society [PLUS] Canadian Chapter, Montreal, November 22, 2012.
  • Speaker, “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.
  • Speaker, “Life Sciences and Pharmaceutical Law Conference (Pharmaceutical Product Liability Litigation In Canada),” Norton Rose Canada LLP, Montreal, June 13, 2012.

 

  • Saskatchewan Bar Association
  • Professional Liability Underwriting Society (PLUS), Canadian Chapter
    • Chair (2011-2013)
    • Vice Chair (2009-2011)
  • PLUS, Quebec Chapter
    • Chair (2009-2013)
  • 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, and Vice-President

 

  • English
  • French