As per the CPATA Act, licensees are required to hold professional liability insurance. Lawyer agents from Quebec and British Columbia have adequate coverage through their provincial law society insurers. In the other provinces, law society policies do not currently meet the requirements established by CPATA to protect the public. CPATA recently contracted Axxima, an independent risk/insurance management an actuarial consulting firm, to do an in-depth analysis of the five law-society insurance programs.
Law Society Insurance Programs that DO meet the College’s requirements:
- Fonds d’assurance responsabilité professionnelle du Barreau du Québec (Barreau)
- British Columbia Lawyers Indemnity Fund (LIF)
Law Society Insurance Programs that DO NOT meet the College’s requirements:
- Lawyers Professional Indemnity Company (LawPRO)
- Alberta Lawyers Indemnity Association (ALIA)
- Canadian Lawyers Insurance Association (CLIA)
Please note that licensees must have appropriate insurance coverage by December 31, 2022.
Discussions about changing coverage by these insurers are ongoing, as CPATA has asserted that lawyer agents when practicing IP law should not have less coverage available to them for the work they do as part of their professional acts on behalf of clients. CPATA is equally attempting to work with insurers to identify insurance policy options to fill the gaps between current law society policies and CPATA’s requirements. We encourage our licensees to communicate directly with their insurers to voice their requirements, in the hopes that these programs will evolve to serve lawyer agents better.