Wintoniak & Motard Assurances

Legal Expenses Insurance

What is C-21?

Bill C-21 introduced a new article into the Criminal Code of Canada. This article can be recapped as follows: it imposes on anyone who is responsible for the completion of a contract or job to put in place any and all measures deemed necessary to prevent any Bodily Injury to employees working on said contract or job.

Therefore an entity, be it private or public can be held criminally responsible if the enterprise acts or omits to act thereby showing  wanton disregard for the lives or safety of other persons.

Unlike a person, an entity cannot be jailed: Criminal Code therefore imposes punishment in the form of fines or penalties. The directors, officers and supervisors however can be jailed as well penalized via fines or penalties. All limits on penalties and fines have been removed.

Solution to a request

Some years ago, numerous entities asked WM Insurance to put together a product that would cover the Defense Costs when a case is filed in Criminal Court.

After numerous discussions and working sessions, WM Insurance did indeed put in place this unique and new product that is now available to all entities since July of 2006.

Cover provided
The Insurer will indemnify the Insured for all sums expended in the form of Legal Expenses for all cases filed in Criminal Court under C-21. The Legal Expenses will be covered whether the Insured is acquitted or found guilty. The Insured who has been served with a filing in Criminal Court or suspects that a filing will be made against him must promptly advise the Insurer. The Insurer in turn will provide a panel of lawyers from which the Insured may choose a lawyer to defend the case or may also submit their preferred lawyer for approval by Insurers.

Who is an Insured
The corporation or entity that purchases the insurance along with their employees, directors and officers.

Who appoints the lawyer?
The Insured chooses a lawyer from a panel of lawyers approved by the Insurer. This panel is updated from time to time and an Insured may also request their preferred lawyer to be added to the panel.

What is Legal Expense Insurance?

Legal Expense Insurance (LEI) is not liability insurance. It provides affordable coverage for the legal fees and expenses incurred by a lawyer for specified matters covered by the policy. These matters are not generally covered by professional liability/malpractice insurance or commercial liability insurance. Matters include a variety of areas that relate to the particular profession and/or business, such as:

  • Criminal charges
  • Breach of contract
  • Regulatory issues
  • Employment disputes
  • Billing investigations
  • Personal Injury

In addition, LEI holders have access to a toll-free Telephone Legal Advisory (TLA) service. This service provides unlimited, instant access to a lawyer whenever immediate advice is needed. For some programs this includes advice for both business/professional and personal matters.
The benefits of TLA include:

  • Instant telephone advice and assistance
  • Risk management guidance
  • Advice by experienced legal professionals

Please communicate with us and we will gladly provide you with a short form to complete along with a fuller description of the available covers:

  • Mr. John Wintoniak
    Broker in damages Insurance
    Telephone : (514) 788-1440
  • Mrs. Martine Motard CRM
    Broker in damage Insurance
    Telephone : (514) 788-1440

Once we have received the completed form, we will forward you a formal submission. If you opt to purchase the coverage, WM Insurance will provide you with a Certificate of Insurance confirming that the coverage is in full force.