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Mindy Paskell-Mede

Ad. E.

Mindy’s practice is focused principally on liability defence and coverage. She has extensive experience in the areas of professional liability, with a particular focus on financial risk, including accountants’ liability, as well as lawyers’ and directors’ and officers’ liability, and multi-jurisdictional claims. Her experience extends to dealing with specialised insurance arrangements, including captives, reciprocals and reinsurance. She is also involved in risk management and loss prevention, providing practice advice and seminars. She was editor of the Law Department of CA Magazine for 20 years. She serves on charitable and not-for-profit Boards.

Mindy has been named Advocatus Emeritus (Ad.E.) by the Quebec Bar, which may be compared to the common law Queen’s Counsel.  The award is presented to members of the Quebec Bar who gain distinction as a result of their outstanding professional career, outstanding contribution to the profession or outstanding social and community standing that has brought honour to the legal profession.

Contact Details:

Telephone (514) 846-8691
Mobile (514) 898-4161
Address 950 - 1010, de La Gauchetière Ouest
Montréal, Québec
H3B 2N2

Unique Services

In addition to providing traditional services of coverage opinions, advice and claims monitoring, Mindy Paskell-Mede can assist in difficult situations:

1. Case Management

One too many cases?
Get it back under control with written reports on the status of procedural developments, analysis of the evidence, assessment of liability and damages, commentary on tactical and strategic options, and reserve recommendations for uninsured exposures. It may be that meeting with defence counsel and providing you with an overview of your position, with independent commentary is all that is required.

2. Complex Cases

A bet-the-firm case or particularly complex litigation?
The view of an independent person may assist you in considering the advice you receive from defence counsel. Would you benefit from a ‘partial’ mediation with your co-defendants by forging a common front, without public finger-pointing?

3. Fact-finding missions and witness issues

Litigation matters that present specific time-sensitive issues?
Do you need an internal file review or to interview/prepare witnesses, either together with or independently of defence counsel? Could you use a ‘translator’ between your technical team and defence counsel on accounting or auditing issues?

4. Selection of Defence Counsel and Experts

Unknown territory?
Is the litigation in a jurisdiction in which you have no preferred counsel, or is your preferred counsel precluded from taking on the file? Will you be engaging an expert you’ve never used before? Would it help to have someone with a practitioner’s view to assist in interviewing candidates?

5. Review of Pleadings, Expert Reports, Briefs and Facta

Have you lost the forest for the trees?
Sometimes, one becomes so close to the argument that it may not communicate your point of view to a judge who knows nothing about the matter or issues in dispute. A fresh pair of eyes can identify where explanation is required.

6. Insurance Issues

Turning the deal into words.
Do you need help drafting policy language, selecting between various insurance solutions proposed by your brokers or responding to insurer inquiries?

7. Independent Views

Is an old file presenting a new ‘surprise’?
Obtaining an independent view from someone who has never been involved in the file may be of assistance.

8. Portfolio Management

Have you lost a valued member of your team?
Have you inherited oversight responsibilities for a book of claims? Until staff can be engaged and trained, outside file review and management can keep this under control.

9. Claims Audits

Are you still responsive to your clients?
An audit can provide ongoing quality assurance within your department, a check-up on your relevancy to your clients’ needs, monitoring of outside lawyers’ compliance with your guidelines, or assistance with due diligence.

10.Training

Need to hire but no time to train?
If there are projects I can take off your hands, you can claim back that time.

Recognition

Listed and recommended in the following directories

"Professional Liability Defence Law Firm of the Year in Quebec"20162016 Corporate Intl Global Awards

Director and Officer Liability Practice / Insurance Law / Legal Malpractice Law2016Best Lawyers in Canada

"Lawyer of the Year" for Montreal2016Best Lawyers' Legal Malpractice Law

Leading Practitioner (Peer Nomination)2015Who's Who Legal

Lawyer of the Year - Director and Officer Liability Practice - Montreal2015Best Lawyers ® - Canada

Leading Practitioner (Peer Nomination)2014Who's Who Legal

Lawyer of the Year - Insurance - Montreal2014Best Lawyers ® - Canada

Selected by Peers for inclusion in practice areas of Director and Officer Liability Practice - Insurance Law and Legal Malpractice LawBest Lawyers in Canada - 9th edition and earlier editions

Law Directors and Officers Liability - Montreal2009-2014Best Lawyers ® - Canada

Peer Review Rating of AV - Pre-Eminent 5.0 out of 5CurrentMartindale-Hubbell

Professional Liability2009-2014Canadian Legal Lexpert ® Directory

Top Lawyers2012-2013Martindale-Hubbell

Commercial Insurance Litigation2009-2013Canadian Legal Lexpert ® Directory

Ad. E.2011Quebec Bar

Mindy was awarded the prestigious Advocatus Emeritus designation by the Quebec Bar in 2011 in recognition of an outstanding professional career, outstanding contribution to the profession or outstanding social and community standing that has brought honour to the legal profession

Best Lawyer in Canada - Insurance and Legal Malpractice Law2007-2008National Post

500 Leading Lawyers in Canada - Directors Liability2006Lexpert/American Lawyer Guide

Publications

“The First of Many Issues”, CA Magazine, August 2011;

“Canadian Law: International Comparative Review of Subrogation Law”, Insurance Day, produced in association with Barlow Lyde & Gilbert, 2009;

“Canadian Law: International Comparative Review of Cross-Border Risks”, Insurance Day, produced in association with Barlow Lyde & Gilbert, 2008;

“Protection for Trustees”, CA Magazine, March 2008;

“Obligated to Reveal: A securities regulator’s ruling may affect how the courts see liability of directors and auditors in civil liability cases”, CA Magazine, September 2007;

“Class Actions in Quebec”, CA Magazine, January-February 2007;

“Canadian Law: International Comparative Review of Liability Insurance Law”, Insurance Day, produced in association with Barlow Lyde & Gilbert, May 2007;

“Raising Questions: A request for information under section 163 of the Bankruptcy and Insolvency Act requires considerations” (November 2006) CA Magazine;

“The Blame Game” (September 2006) CA Magazine;

Participation in Professional Liability Reform project of the Institute of Chartered Accountants of Ontario, May 2006;

“Is it or Isn’t it?” (April 2006) CA Magazine;

“Sue me and I’ll sue you” (June/July 2004) CA Magazine;

“Fiduciary duty” (April 2004) CA Magazine;

“The tax powers that be” (March 2004) CA Magazine;

“Directors make mistakes” (November 2003) CA Magazine;

“Accountants vs. accountants” (September 2003) CA Magazine;

“New liabilities” (June/July 2003) CA Magazine;

“Electronic discovery” (April 2003) CA Magazine;

“It can be held against you” (January/February 2003) CA Magazine;

“Judging ill-gotten gains” (November 2002) CA Magazine;

“Fraud and error” (August 2002) CA Magazine;

“Audit in the courtroom” (August 2002) CA Magazine;

“Investors be warned: accountants may do well to heed CSA’s advice to Canadian investors” (June/July 2002) CA Magazine 33;

“Legal briefs” (April 2002) CA Magazine;

“Unacceptable risk” (January/February 2002) CA Magazine 31;

“Fair shares” (November 2001) CA Magazine 31;

“A flawed proposal” (September 2001) CA Magazine 33;

“Risky Introductions” (June/July 2001) CA Magazine 34;

“Avoiding Liability” (January/February 2001) CA Magazine 29;

“A Limitation of Liability” (November 2000) CA Magazine 47;

“On the Record” (June/July 2000) CA Magazine 45;

“Missing Facts”, CA Magazine, January/February 2000;

“Cross-Border Lawsuits” (April 1999) CA Magazine 47;

“The Buck Stops Here” (January/February 1999) CA Magazine 43;

“A New Area of Liability” (November 1998) CA Magazine 35;

“In All Fairness” (September 1998) CA Magazine 30;

“Law: Inferred Consent” (June/July 1998) CA Magazine 43;

“Buyer Be Wary” (April 1998) CA Magazine 39;

“United on the Stand” (August 1997) CA Magazine 26;

“A Common Sense Approach” (December 1996) CA Magazine 35;

“It’s a Secret” (October 1996) CA Magazine 46;

“Liability Relief” (May 1996) CA Magazine 45;

“Obligation is a Two-Way Street” (October 1995) CA Magazine 33;

“Double Indemnity” (August 1995) CA Magazine 51;

“Advisor Relationships” (May 1995) CA Magazine 27;

“Claims to the Contrary” (December 1994) CA Magazine 42;

“Governing Governance” (October 1994) CA Magazine 52;

“What Liability Crisis?” (May 1994) CA Magazine 42;

“Employees, Hide your Pocketbooks” (March 1994) CA Magazine 54;

“Duty of Care Revisited” (December 1993) CA Magazine 34;

“Legal Liability Issues – What’s in Store for the 90′s?” (Paper presented to the Canadian Insolvency Association
“Foul Forecasts” (April 1993) CA Magazine 42;

“Guilty Until Proven Innocent?” (February 1993) CA Magazine 42;

“How Many Hats Can You Have?” (October 1992) CA Magazine 47;

“Power to the Oppressed” (August 1992) CA Magazine 50;

“Whose Loss is it?” (June/July 1992) CA Magazine 34;

“Soft Touch, Deep Pocket” (October 1991) CA Magazine;

Timothy Endicott & Mindy Paskell-Mede, “Class Acts” (August 1991) CA Magazine 39;

“Rapid Recall” (June/July 1991) CA Magazine 32;

Glen Urquhart & Mindy Paskell-Mede, “Locked in Liability” (April 1991) CA Magazine 36;

“So Sue Me” (February 1991) CA Magazine 36;

Case Comment on Fletcher v. Manitoba Public Insurance, [1990] 3 S.C.R. 191 (1991) Insurance & Reinsurance Law International 70;

“Sharing the Blame” (October 1990) CA Magazine 58;

“Made in Quebec” (August 1990) CA Magazine 48;

“On the Receiving End” (June 1990) CA Magazine 34;

“Duty’s Not in the Eye of the Beholder” (April 1990) CA Magazine 29;

Case Comment on Overload Tractor Services Ltd. v. I.C.B.C., [1988] B.C.J. 94 (1988) Insurance & Reinsurance Law International 133;

“Conflicts of Interest Involving the Insurer, the Defence Lawyer and the Insured – The Quebec Law” (1987) 3 Assurances 330;

“Duty to Defend: Two Recent Cases” (1986) 46 Revue du Barreau 672;

Case Comment on Economical Mutual Insurance Co. v. Insurance Corp. of British Columbia, [1986] A.J. 248 (1986) Insurance & Reinsurance Law International 128;

“Case Notes from Canada” (1986) Insurance & Reinsurance Law International 115;

“Bad Faith Settlement with Third Party” (1985) 3 Insurance & Reinsurance Law International 100;

“Insurers’ Liability in Civil Law” (1984) Insurance & Reinsurance Law International 89;

“Bad Faith Liability of Insurers” (1984) Insurance & Reinsurance Law International 65;

Collaborations

Mindy Paskell-Mede and G.B. Maughan

“The Duty to Defend in Liability Insurance in Quebec” (1986) Revue du Barreau 205;
“Brokers’ Errors & Omissions” (1985) Canadian Journal of Insurance Law; (1986) 4 Corporate Structure, Finance and Operations
“Auditors’ Liability since Haig v. Bamford” (1983/1984) Meredith Memorial Lectures;

Mindy Paskell-Mede and Jack Blackier

“Auditor Liability In Canada: The Past, Present and Future” (1999) 48 University of New Brunswick Law Journal 65;

Mindy Paskell-Mede and John Nicholl

“Directors and Officers Liability Insurance”, Chapter 4, “Directors’ liabilities in Canada – Legal Summary”, The Insurance Institute of London, Advanced Study Group Report No. 234, February 1999;

Mindy Paskell-Mede and R.A. MacDonald

“Annual Survey of Administration Law” (1981) 13 Ottawa Law Review 671;

Conferences & Papers

“Les enjeux pour les CPA en matière de l’assurance-responsabilité”, January 14, 2016, Quebec Order of  Chartered Professional Accountants, Quebec City, January 25, 2016 – Montreal

“L’obligation de défendre de l’assureur excédentaire”, February 25, 2014, Canadian Bar Association, Civil Litigation and Insurance section, Montreal

“Issues in Liability Insurance for Accountants”,  October 15, 2013, AON General Counsel Forum, Chicago, Illinois

“Les enjeux pour les CPA en matière de l’assurance-responsabilité”, October 2013, ACPAI and the Quebec Order of CPAs, Montreal and Quebec

“Control Freak meets Adrenaline Junkie or Issues in using Expert Testimony”, June 5, 2012, International Association of Defence Counsel, Toronto, Canada;

“Legal Concerns Across the Globe for Lawyers, Tourists and Students”, February 13, 2012, Association of International Defence Counse, Palm Spring, California;

“The Infernal Tower”, panel of discussion on Issues in Multi-Layer Liability Programs, PLUS Canadian Chapter, May 10, 2007, Montreal.

“Civil and Penal Actions in Professional Liability” (Presented by The Financial and Estate Planning Council of Montreal, Ritz Carlton Hotel, Montreal, March 19, 2007);

“Directors and Officers Liability Insurance Briefing – A comparative review of D&O coverage issues in the UK, US, Canada and Australia” (Presented by Barlow Lyde & Gilbert, London, England, March 14, 2007);

“The Multi-jurisdictional Lawsuit: How to Untangle the Complex Web”, in Canadian Institute: 3rd Annual Forum (Presented by Canadian Institute, Sutton Place Hotel, Toronto, June 16, 2003);

“Les réformes récentes de la législation financière aux États-Unis: l’impact de l’Acte Sarbanes-Oxley pour les sociétés canadiennes” (Presented by Canadian Institute, Hôtel Omni Mont-Royal, Montreal, May 12, 2003);

“The View from the West: The Litigation Environment in the USA for Professionals”, in “Professional Liability Insurance Conference” (Presented by Barlow Lyde & Gilbert, The Whitebread Brewery, London, England, May 12-13, 1999);

“Litigation Against Public Accountants: Reasons For and Against”, in “York-CGA: Annual Dinner” (Presented by York-CGA, Toronto, October 29, 1997);

“Ethics & Professional Liability: Fundamental Issues Facing All Practitioners”, sponsored by McGill University, May 9 and 10, 1997, Montreal, Quebec;

“Computer Crime and Computer Abuse Insurance”, Federated Press, October 9 and 10, 1996;

“Auditor’s Liability to Third Parties” sponsored by Federated Press on December 6, 1996;

“Deep Pocket: Defence Viewpoint”, Insight Conference, December 15, 1995;

“The Civil Law of Damages” Conference, McGill Faculty of Law, October 18 and 19, 1996, McGill University, Montreal, Quebec;

“Loss Control Seminar”, sponsored by AICA Services, Halifax, Nova Scotia, October 18, 1996;

“Auditor’s Liability to Third Parties” Audit and Reporting Issues Panel, Financial Executives Summit, Toronto, December 6-7, 1995, Federated Press;

“Relationship of the Board to Auditors and Legal Counsel”, Meredith Memorial Lectures, McGill University, May 26 and 27, 1995;

“Risk Management and Directors & Officers”, 1994 Canadian Pacific Risk Management Conference, Deerhurst Resort, October 17-19, 1994;

1994 Professional Liability Conference sponsored by Federated Press on May 19, 1994 at the King Edward Hotel in Toronto;

“Risk Management and Directors and Officers”, Luncheon presentation sponsored by the Quebec Risk & Insurance Management Association (QRIMA) on January 12, 1994 at the Sheraton Centre in Montreal;

Panellist on Morningside, 1993, “Is there a Liability Crisis in the Canadian Accounting Profession?”;

“Risk Management”, sponsored by the Canadian Corporate Counsel Association, August 22-25, 1993, CBA Annual Meeting, Quebec City;

“What Every Canadian Lawyer Needs to Know About the New Quebec Civil Code re Insurance Law and Civil Liability”, August 25, 1993, CBA Annual Meeting, Quebec City;

“Risk Management for Accountants”, sponsored by the Ontario Certified General Accountants Convention, May 1993;

“Privacy & Confidentiality: Tomorrow’s Issues”, in “The Law and You….A Practical Guide” (Presented by McGill University Faculty of Law, March 26 & 27, 1993);

“Professional Development Course on Risk Management” (Presented by the Ontario Institute of Chartered Accountants, Toronto, November 11, 1992);

“Directors’ & Officers’ Liability”, in Canadian Corporate Counsel: 4th Annual Meeting” (Presented by Canadian Corporate Counsel, Halifax, Nova Scotia, August 23-25, 1992);

“Accountants’ Liability”, Chairman of Conference (Presented by Institute for International Research, Marriott Eaton Centre Hotel, Toronto, May 29, 1992);

“Professional Liability”, Speaker (Presented by Accountants’ Study Group, Montreal, November 28, 1991);

“Liability of Tax Advisors” (Presented by Canadian Tax Foundation, Montreal, June 1991);

“Auditors’ Liability” (Presented by Canadian Bar Association Business Section, Montreal, February 1991);

“Future Outlook” in “Auditors’ Liability Conference”, (Presented by Institute for International Research, Sheraton Centre, Toronto, January 10-11, 1991);

“Anatomy of a Successful Workout” (Presented by Insight, Four Seasons Hotel, Montreal, April 11, 1989);

“Directors and Officers Liability” (Presented by Institute for International Research, Ritz Carlton Hotel, Montreal, February 6, 1989);

“Conflicts of Interest Involving the Insurer, the Defence Lawyer and the Assured: Quebec Law” (Presented by Ogilvy Renault, Ritz Carlton Hotel, Montreal, May 21, 1987);

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Address:

Mindy Paskell-Mede
950 - 1010, de La Gauchetière Ouest
Montréal, Québec
H3B 2N2

Phone:

(514) 846-8691

Email:

mindy@paskellmede.ca