Faculty of Law
Queen's UniversityQuick Links
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Erik S. KnutsenAssociate Professor
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Teaching Subjects
- Insurance
- Torts
- Civil Procedure
- Complex Civil Liability
Current Research
- Causation in tort and insurance
- Insurance Coverage in Canada
- Medical Malpractice Appellate Trends
Recent Publications
Articles
"Causal Draws and Causal Inferences: A Solution to Clements v. Clements (and other causation cases) 39 ADVOCATES QUARTERLY 241 (2011).
"Fortuity Clauses in Liability Insurance: Solving Coverage Dilemmas for Intentional and Criminal Conduct" 37 QUEENS L.J. 73 (2011).
"Auto Insurance as Social Contract: Solving Automobile Insurance Coverage Disputes Through a Public Regulatory Framework" 48 ALBERTA L. REV. 715 (2011).
"The Cost of Costs: The Unfortunate Deterrence of Everyday Civil Litigation in Canada" 36 QUEENS L.J. 113 (2010).
"Clarifying Causation in Tort" 33 DALHOUSIE L.J. 153 (2010).
"Keeping Settlements Secret," 37 FLORIDA STATE U. L. REV. 945 (2010).
"Confusion About Causation in Insurance: Solutions for Catastrophic Losses,” 61 ALABAMA L. REV. 957 (2010).
Casebooks
Co-author with Jeffrey Stempel and Peter N. Swisher, PRINCIPLES OF INSURANCE LAW, 4th ed. (LexisNexis U.S.: 2011).
"The Economics of Litigation," Limitation of Actions," "Settlement," "Intervention," "Consolidation," "Addition of Claims," and "Joinder of Multiple Parties" in Janet Walker et al, THE CIVIL LITIGATION PROCESS: CASES AND MATERIALS, 7th ed. (Emond Montgomery: 2010).
Book Chapters
Erik S. Knutsen & Janet Walker, "What is the Cost of Litigating in Canada?" in Christopher Hodges, Stephan Vogenauer and Magdalena Tulibacka, eds., THE COSTS AND FUNDING OF CIVIL LITIGATION: A COMPARATIVE PERSPECTIVE (Hart: 2010).
Legal Practice Publications
"Dangerous Dictionary: The Problem of Meta-Literalism in Insurance Policy Interpretation" Lawyers Weekly (October 28, 2011).
"Causation in Automobile Liability Insurance" The Litigator: Journal of the Ontario Trial Lawyers Association (fall 2011).
"The Innocent Co-insured: Severable Coverage Could Protect Innocent Family Members" Lawyers Weekly (June 11, 2011).
"Auto Insurance as a Social Contract: Why the Contractual Model for Interpretation Doesn't Work" Lawyers Weekly (October 29, 2010).
with Helen H. Chan, "Peoples' Republic of China Insurance: Wrestling Investment from Regulatory Talons" Westlaw Business Currents-Thomson Reuters (August 10, 2010).
Recent Presentations
Keynote Address: "Understanding Causation" Advocates Society Annual 'Tricks of the Trade' Conference, Toronto, ON (January 27, 2012).
“Fortuity Clauses in Liability Insurance: Solving Coverage Dilemmas for Intentional and Criminal Conduct” Canadian Law and Economics Association Annual Conference, Toronto, Ontario (September 24, 2011).
"Clarifying Causation in Tort" Causation in Tort II, Continuing Legal Education Society of British Columbia, Vancouver, BC (June 2, 2011).
"Teaching Procedure Across Common Law Systems: Canada," "Scholarly Symbiosis: Canadian Civil Procedure Teaching and Scholarship," and "Teaching Civil Procedure as Integrated System in Canada," Oxford-Queens-Osgoode Project on Civil Procedure, Herstmenceux, England (June 26, 2010).
Canadian Studies Visiting Lecture, "Canada's Accident Compensation System: Some Reflections for China," Fudan University School of Law, Shanghai, China (May 6, 2010).
"Canada's Accident Compensation System: Some Reflections for China," School of Law, Shanghai University of Finance and Economics, Shanghai, China (May 5, 2010).
“Fortuity Clauses in Insurance: Moral Hazard or Moral Crusade?” Spring Conference on Contracts – University of Nevada, Las Vegas (February 27, 2010).
“Confusion About Causation in Insurance: Solutions for Catastrophic Losses” Asia-Pacific Risk and Insurance Association Annual Conference, Peking University, Beijing, China (July 20, 2009).
Co-presenter with Janet Walker, “Litigation Funding and Costs in Canada,” Litigation Funding and Costs Conference, Oxford University Centre for Socio-Legal Studies, (July 6, 2009).
“Secret Settlements,” Young Scholars’ Conference – McGill - Queen’s University Faculty of Law, Queen’s University, Kingston, ON (January 23, 2009).
“Default Rules for Concurrent Causation in Insurance Contracts” Association of American Law Schools Insurance Law Section-sponsored poster presentation, AALS Annual Meeting, San Diego, CA (January 10, 2009).
Recent Academic Awards/Grants
Co-applicant, "The Cost of Justice: Weighing the Costs of Fair and Effective Resolution to Legal Problems"
- Social Sciences and Humanities Research Council - Community University Research Alliance Grant ($1,000,000 for 5 years) (August, 2011).
Foundation for Legal Research Grant, "Medical Malpractice at the Court of Appeal for Ontario"
- competitive research grant ($5,000) (March 2011)
Law Students Society Teaching Award - Faculty of Law, Queen's University (Winter 2010)
Foundation for Legal Research Grant, "Fortuity Clauses in Insurance: Moral Hazard or Moral Crusade?"
- competitive research grant ($5,000) (March 2010)
Law Students Society Teaching Award - Faculty of Law, Queen's University (Winter 2007)
Public Service
Member, Law Commission for Ontario Law Faculty Advisory Group
Member, Ontario Chief Justice's Advisory Committee on Professionalism
Past Legal Practice Employment
Paul, Weiss, Rifkind, Wharton & Garrison, LLP – Associate, Litigation Department, New York, NY
- 9/11, World Trade Center-related cases for global insurer
Fasken Martineau DuMoulin LLP – Associate, Research/Litigation Departments, Toronto, ON
- complex tort, insurance, commercial litigation cases
- tort and insurance cases for two of Canada’s trans-continental railway companies
Carrel+Partners LLP – Associate, Litigation Department, Thunder Bay, ON
- complex torts, insurance, professional negligence cases (trials and appeals)
Recent Media Commentary
"Ontario Seeks Insurance Money: Civil Remedies Act Used in Claim for Murdered Woman's Policy Payout" Lawyers Weekly (May 11, 2012).
"Ontario Aims to Keep Victim's Payout from Her Killer" National Post, Montreal Gazette, other postmedia news outlets (April 27, 2012).
"Tobacco Companies Stand Alone After Court Battle" CBC Radio International and CBC Radio 'The Link' (August 3, 2011).
"Decision Pits Provinces Against Big Tobacco" Toronto Sun, Vancouver Sun, Montreal Gazette, Ottawa Citizen, Edmonton Journal and 25 other newspapers cross-country (July 30, 2011).
"Insurance Rule Stings Victims of Domestic Violence" Hamilton Spectator (Feb. 10, 2011).
"Gillette Razor Class Action Settlement" CBC Radio East (Nov. 16, 2010).
"Ontario's New Automobile Insurance Changes" CBC Morning with Rita Celli (August 31, 2010).
"Car Insurance?: Your Real ‘Choice' Is To Pay More" Toronto Sun and 18 Sun Media newspapers (August 26, 2010).
Link to Erik S. Knutsen's Social Sciences Research Network Research Page