In the end, the principles by which Brown is guided in ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise
future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciary.
The Ontario Court of Appeal has consistently held that the insured is «entitled to a
defence... at no cost to them».2 In other words, an insured is «entitled to be made financially whole» for
legal costs incurred in securing a
defence under the policy.3 This broad principle has not only been used to indemnify insureds for their past
defence costs, but also the
future defence costs of counsel of their choice, the costs of the coverage application and the costs of any subsequent appeal.4 This principle of full indemnity is based, not in the law of costs, but in the law of contract.
Hong Kong University Law School: Keynote Address (Hong Kong, China), November 19, 2013 Beaton Seminars on the
Future of Law: «Law Firms of the
Future — Client Implications» (Sydney, Australia), November 13, 2013 Beaton Seminars on the
Future of Law: «Law Firms of the
Future — Client Implications» (Melbourne, Australia), November 12, 2013 8th Annual LawTech Summit & Awards — Noosa, Queensland, Australia, September 13, 2013 Westfield Annual «In
Defence of» Keynote Address — Westfield, Ohio, USA, August 13, 2013 Government of Canada: Panel on Creating Efficiencies for In - house Lawyers (Ottawa, Canada) April 30, 2013 Georgetown University Law Centre: The Shrinking Pyramid: Implications for Law Practice and the
Legal Profession (Washington D.C. USA) April 12, 2013 Tucker Ellis Annual Retreat: (Scottsdale, Arizona, USA) February 28, 2013 Kohrman, Jackson & Krantz Annual Retreat: (Cleveland, Ohio, USA) February 20, 2013 Dalhousie University Law School: (Halifax, Nova Scotia, Canada) February 14, 2013 Law Society of Alberta: (Edmonton, Alberta, Canada) January 31, 2013 University of Ottawa Law School: Keynote Speaker for the Thomas Feeney Annual Memorial Lecture (Ottawa, Ontario, Canada), January 9, 2013 University of Ottawa Law School: (Ottawa, Ontario, Canada) January 3 — 23, 2013