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Mary Jane Stitt

Partner, Toronto Office

Telephone  416-863-2940
Facsimile  416-863-2653
email
 

Profile

Mary Jane Stitt is a Partner in the Litigation Group. Her commercial litigation practice emphasizes commercial insurance, directors and officers liability, product liability, professional negligence and class actions.

Mary Jane has a broad-ranging insurance practice primarily representing policyholders who are major financial institutions, publicly traded companies (TSX, NYSE, NASDAQ) and large pension plan sponsors or administrators, as well as income trusts. She advises public companies on director, trustee and officer indemnification and insurance issues in connection with regulatory and criminal investigations, shareholder and securities litigation, antitrust, pension and other class actions and regulatory and criminal proceedings. She advises risk managers of public companies, and works closely in conjunction with leading insurance brokers, in respect of the procurement or renewal of significant liability insurance programs. She performs independent insurance program reviews for policyholders regarding the comprehensiveness and appropriateness of their coverage and suggested insurance policy enhancements.

Mary Jane's insurance litigation practice includes coverage opinions and acting for corporate policyholders in litigation and arbitrations involving claims under directors and officers liability, fiduciary liability, all risk property, boiler and machinery, crime, commercial general liability, Builders Risk, and professional errors and omissions policies and financial institution bonds. She also acts as Canadian coverage counsel in connection with cross-border securities class actions.

Mary Jane also has extensive experience in the organization and conduct of forensic and fraud investigations working with leading forensic accountants; the preparation of fidelity bond claims and other insurance claims; preparation of investigative reports; advising senior officers, directors, liquidators and trustees regarding actions for recovery of assets and insurance proceeds; the conduct of subsequent litigation; and liaising with law enforcement agencies and regulators in respect of prosecutions arising out of forensic investigations. She was counsel to the Canadian Institute of Chartered Accountants (CICA) Alliance for Excellence in Investigative and Forensic Accounting in connection with their new Standards for Investigative and Forensic Accounting Engagements.

Mary Jane is recognized in The Best Lawyers in Canada 2010 as a leading lawyer in the areas of director and officer liability, insurance law, and legal malpractice law, in Law Business Research's Who's Who Legal: Canada 2010 (product liability), in PLC Cross-border Insurance and Reinsurance Handbook 2010 (insurance - contentious), as well as in The Canadian Legal Lexpert Directory (commercial insurance). She has also been recognized as a leading Canadian product liability lawyer in Law Business Research's The International Who's Who of Product Liability Lawyers (1997 and 2001-2009) and The International Who's Who of Business Lawyers (2006-2010), and in Legal Media Group's Guide to the World's Leading Product Liability Lawyers (2007, 2009 and 2010).

Mary Jane was chair of the National Insurance Law Section of the Canadian Bar Association from August 2000-2001. She is frequently invited to chair or speak at major insurance and commercial litigation conferences and has published extensively on insurance law, indemnification, directors' and officers' liability, product liability, damages and commercial litigation issues (her publications are listed below). She is a member of the Canadian Bar Association, the American Bar Association, the International Bar Association, The Advocates' Society (Ontario), the International Law Association, DRI (Defense Research Institute), the Professional Liability Underwriting Society, and the International Association of Defence Counsel.



 
     
 

Areas of Law

Litigation & Dispute Resolution
Insurance
Product Liability
Alternative Dispute Resolution
Class Actions
 
 

Education

Admitted to the Ontario Bar - 1982
LL.B., Osgoode Hall Law School - 1980
B.A. (Hon.), University of Toronto - 1977
B.Mus. Program (Hon.), University of Toronto - 1971-1973
 
 

Media Appearances

Quoted - "Class-action Certification Increases", LEXPERT Magazine, Article by Elaine Wiltshire, The Globe and Mail, The Law Page, October 28, 2009.

Quoted - "A Rorschach Test on Women's Lib", Article by Nancy J. White, The Toronto Star, August 15, 2009.

Quoted - "Legal Profession Not Sorry to See Apology Legislation", The Lawyers Weekly, July 17, 2009.

Quoted - " U.S. Case 'A Wake-up Call' for Canadian Directors", Article by Sandra Rubin, The Law Page, Report on Business, The Globe and Mail, August 6, 2008.

Featured - "Beware, Doodles Can Drop You Into A World of Hurt", Article by Alex Hutchinson, The Bottom Line Magazine, P. 6, December 2006.

 
 

Recent Publications

Co-author - "Court Rules Direct Involvement of U.S. Firm in Canadian Class Action Acceptable", Blakes Bulletin on Class Actions, November 2009.

Author - "Implied Exclusions Create Uncertainty for Contractors", The Lawyers Weekly, Toronto, Ontario, May 4, 2009.

Author - "Internal and Regulatory Investigations: Indemnity and Insurance Issues", Osgoode Hall Law School Professional Development CLE, 2nd Annual Managing Internal and Regulatory Investigations, Toronto, Ontario, April 24, 2008.

Author - "E-Discovery and Coverage Litigation", Canadian Defence Lawyers, 4th Annual Insurance Coverage Symposium, Toronto, Ontario, February 28, 2008.

Author - "Waiver of Tort: A Disturbing Development in Canadian Product Liability Law", Australian Product Liability Reporter, Vol. 18, Nos. 7 & 8, P. 98, November 2007.

Co-author - "Indemnities: Canadian Law and Practice", Blakes Client Presentation, Toronto, Ontario, May 25, 2007.

Author - "Comity of Errors? Supreme Court of Canada Leaves Foreign Litigants Guessing", Exclusive Web Comment, Law Page, globeandmail.com, The Globe and Mail, November 22, 2006.

 
 

Recent Professional Activities

Speaker - "Class Counsel Fees and Financing", 7th National Symposium on Class Actions, Osgoode Hall Law School Professional Development CLE, Toronto, April 29-30, 2010.

Panellist - "PricewaterhouseCoopers' 2009 Securities Litigation Study", Toronto, Ontario, April 14, 2010.

Speaker - "D&O Liability, Insurance and Indemnification", The Advanced Legal Guide to Advising the Public Company Board of Directors, Osgoode Professional Development, Toronto, Ontario, February 18 and 19, 2010.

Speaker - "D&O Coverage Issues in a New Claims Environment", 6th Annual Insurance Coverage Symposium, Canadian Defence Lawyers, Toronto, Ontario, Feburary 11 and 12, 2010.

Quoted - "Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada", Adam C. Pritchard and Janis P. Sarra, The John M. Olin Center for Law & Economics Working Paper Series, University of Michigan Law School, Paper 101, 2009.

Speaker - " D&O Criminal Conduct: Insurance Implications", The Canadian Institute's 12th Annual National Forum on Directors', Officers' and Fiduciaries' Liability, Toronto, Ontario, October 21-22, 2009.

Speaker - "Current Litigation Issues", 2009 Investigative and Forensic Accounting Conference, CA.IFA Investigative & Forensic Accounting Alliance, Canadian Institute of Chartered Accountants, Toronto, Ontario, September 14-15, 2009.

Speaker - "Protection of Directors' and Officers' Indemnity Rights in an Investigation", 3rd Annual Managing Internal and Regulatory Investigation, Osgoode Professional Development, Toronto, Ontario, April 20, 2009.

Speaker - "D&O Liability, Insurance and Indemnification", The Advanced Legal Guide to Advising the Public Company Board of Directors, Osgoode Professional Development, Toronto, Ontario, January 19, 2009.

Speaker - "Privilege Issues in Insurance Coverage Litigation", Privilege, Confidentiality and Conflicts of Interest: Traversing Tricky Terrain, Ontario Bar Association, Toronto, Ontario, October 23, 2008.

Speaker - "Waiver of Tort & Economic Loss: Emerging Exposures in Canadian Product Liability Law that Every U.S. Manufacturer Needs to Understand", Litigation Management in a New York Minute - 2008 Edition, Network of Trial Law Firms, presented at the House of the Association of the Bar of the City of New York, August 1, 2008.

Speaker - "Business Crimes: Assymetry in Cross-Border Self-Incrimination Protection", Current National and International Issues in White Collar Crime, International Association of Defence Counsel 2008 Annual Meeting, White Sulphur Springs, West Virginia, July 5, 2008.

Presenter - "Internal and Regulatory Investigations: Indemnity and Insurance Issues", 2nd Annual Managing Internal and Regulatory Investigations, Osgoode Hall Law School on April 24, 2008.

Speaker - "Internal and Regulatory Investigations: Indemnity and Insurance Issues", Osgoode Hall Law School Professional Development CLE, 2nd Annual Managing Internal and Regulatory Investigations, Toronto, Ontario, April 24, 2008.

Speaker - "Secondary Market Securities Class Actions", Osgoode Hall Law School Professional Development CLE, 5th Annual Symposium on Class Actions, Toronto, Ontario, April 11, 2008.

Speaker - " Top Ten Tips for Cross-Examination", Civil Litigation Skills Certificate Program: A Trial from A to Z, The Advocates' Society, Toronto, Ontario, April 3, 2008.

Speaker - "Coverage Discovery, Electronic Document Production Obligations & Bad Faith", Canadian Defence Lawyers, 4th Annual Insurance Coverage Symposium, Toronto, Ontario, February 28, 2008.

Speaker - "Ensuring Sound Governance of Executive Compensation Plans", The Canadian Institute's 11th Annual Conference on Protecting Directors & Officers from Liability, Toronto, Ontario, October 15-16, 2007.

Speaker - "Exploring the Insurability of Punitive Damages", The Canadian Institute's 7th Annual Conference on Litigating Insurance Coverage Disputes, Toronto, Ontario, June 18, 2007.

Co-chair - "National Update on Insurance Law and Coverage Disputes", Osgoode Hall Development CLE, Toronto, Ontario, March 27-28, 2007.

Speaker - "Warranties, Misrepresentation and Rescission", National Update on Insurance Law and Coverage Disputes, Osgoode Hall Law School Professional Development CLE, Toronto, Ontario, March 27-28, 2007.

Speaker - "Top Ten Tips for Cross-Examinations", A Trial from A to Z, The Advocates' Society Civil Litigation Skills Certificate Program, Toronto, Ontario, March 8, 2007.

Speaker - "Emerging Issues in Canadian Product Liability Law", International Legal Issues SLG, DRI Product Liability Conference, New Orleans, Louisiana, February 7-8, 2007.

Speaker - "Opening the Kimono: The Shrinking Zone of Privacy and Litigation Privilege", Current Litigation Issues, The 8th Annual Alliance for Excellence in Investigative and Forensic Accounting Conference, CA.IFA and Chartered Accountants of Canada, Toronto, November 6-7, 2006.

Speaker - "Raising the Red Flag: Examining Critical Concerns for Directors and Officers in their Oversight of Executive Compensation", The Canadian Institute's 10th Annual Conference on Directors' & Officers' Liability, Toronto, Ontario, October 30-31, 2006.

Speaker - "Insurance and Indemnification", The Advanced Legal Guide to Advising the Public Company Board of Directors, Osgoode Hall Law School Professional Development CLE, Toronto, Ontario, October 3-4, 2006.

 
     
     
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