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Knutsenqueenscv 2017 Erik S. Knutsen FACULTY OF LAW Professor Macdonald Hall, 128 Union Street Queen’s University Kingston, Ontario, Canada K7L 3N6 Scholarly Interests Erik S. Knutsen Insurance, Torts, Civil Litigation, Medical Law, Accident Law Professor Tel 613 533-6000, ext. 78360 Academic Employment Fax 613 533-6509 Email [email protected] Queen’s University Faculty of Law –Professor Kingston, ON, 2006 - present Full Professor with Tenure: 2017 – present Associate Professor with Tenure: 2011 - 2017 Assistant Professor: 2006-2011 • current teaching: • Civil Procedure, Insurance, Torts • Torts module in Law 201 for undergraduates (online and blended) (2014- present) • teaching awards: • Faculty of Law Teaching Award in 2014, 2010 and 2007 • nominated by law faculty for university-wide teaching award in 2014 • prior teaching: • Law, Risk and Healthcare in MSc in Healthcare Quality program in Faculty of Health Sciences (2013-15) • Complex Civil Liability seminar (2011) • Professional Competencies: Law in Queen’s Medical School First Year M.D. Program (2011) Florida State University College of Law – Visiting Assistant Professor Tallahassee, FL, 2005 - 2006 • taught Torts, Insurance survey course, Insurance seminar, Contracts I and II • one of three nominated for university-wide teaching award based on student evaluations (in university of more than 40,000 students) Florida State University College of Law – Visiting Assistant in Law Tallahassee, FL, 2000 - 2001 • taught Entertainment Law, first-year legal writing (advocacy and research) • awarded Excellence in Teaching and Leadership Award Lakehead University – Sessional Lecturer Thunder Bay, ON (part-time), spring semester 1999 • taught upper year undergraduate Canadian law and research course Legal Practice Employment Paul, Weiss, Rifkind, Wharton & Garrison, LLP – Associate, Litigation Department New York, NY, 2004 - 2005 • assisted with litigating multi-million dollar 9/11, World Trade Center disaster- related insurance cases across the United States; • selected to assist in planning New York State Bar Association Presidential Summit Fasken Martineau DuMoulin LLP – Associate, Research/Litigation Departments Toronto, ON, 2003 - 2004 • complex tort, insurance, and commercial litigation cases for national and international insurers and corporations • lead and co-counsel for tort and insurance cases for two of Canada’s trans- continental railway companies • co-counsel on cases at Court of Appeal for Ontario Carrel+Partners – Associate, Litigation Department Thunder Bay, ON, 2001 - 2003 • complex tort, insurance, professional negligence cases for plaintiffs, insurers and institutional defendants • co-counsel on cases at Supreme Court of Canada and Court of Appeal for Ontario Carrel+Partners – Student Law Clerk Thunder Bay, ON, 1997 - 1999 (summers) • research and writing for complex torts, insurance, professional negligence cases Education Harvard Law School – Masters of Law (LL.M.) 2000 Cambridge, MA • Thesis: Ambiguous Cause-in-Fact in the United States, Canada, and Britain, supervised by Professor Jon Hanson (later published in Texas Int’l LJ) • Research Assistant to Professor Paul C. Weiler - assisted with preparations for submissions to U.S. Congress on medical malpractice reform Osgoode Hall Law School – Juris Doctor (J.D.) 1999 Toronto, Ontario, Canada • Senior Editor, Osgoode Hall Law Journal, 1997 - 1999 • George M. Miller Prize for academics • Newton Rowell Scholarship for academics and public service Lakehead University – Honours Bachelor of Arts, English (H.B.A.) 1996 Thunder Bay, Ontario • Ranked first in degree program of 200 • graduated with First Class Standing • Evelyn Halliday Scholarship for highest standing in Honours English, 1995 2 • Iris Jean Richards Scholarship for highest standing in English, 1993 • Thunder Bay Foundation Joshua Dyke Scholarship for academics and public service, 1992 • Canadian Merit Foundation - Outstanding Nomination Award for academics and public service, 1992 Publications 1.0 Refereed Research Contributions 1.1 Law Review Articles “Coherence and the Committed Civilian: Justice LeBel’s Contributions to Canadian Accident Law,” (2015) 70 SUPREME COURT L REV (2d) 93-121. (28 pages) “Fortuity Victims and the Compensation Gap: Re-envisioning Liability Insurance Coverage for Intentional and Criminal Conduct,” (2014) 21 CONNECTICUT INSURANCE LAW LJ 209- 253. (44 pages) Co-author with Thomas Rowe, David Bamford, and Shirley Shipman, “The Teaching of Procedure Across Common Law Systems,” (2013) 51 OSGOODE HALL LJ 1-43. (43 pages) Co-author with David Bamford, Trevor C.W. Farrow, Michael Karyanni, Shirley Shipman, and Beth Thornburg, “Learning the ‘How’ Of the Law: Teaching Procedure and Legal Education,” (2013) 51 OSGOODE HALL LJ 45-91 (2013). (46 pages) Co-author with Beth Thornburg, Carla Crifo, Camille Cameron, and David Bamford, “A Community of Procedural Scholars: Teaching Procedure and the Legal Academy,” (2013) 51 OSGOODE HALL LJ 93-155. (62 pages) “Causation in Canadian Insurance Law,” (2013) 50 ALBERTA L REV 631-658. (28 pages) “Fortuity Clauses in Liability Insurance: Solving Coverage Dilemmas for Intentional and Criminal Conduct,” (2011) 36 QUEEN’S LJ 73. (44 pages) “Auto Insurance as Social Contract: Solving Automobile Insurance Coverage Disputes Through a Public Regulatory Framework,” (2011) 48 ALBERTA LAW REV 715. (38 pages) • cited by the Court of Appeal for Ontario in Abarca v Vargas, 2015 ONCA 4 • cited by the British Columbia Court of Appeal in Niedermeyer v Charlton, 2014 BCCA 16 “The Cost of Costs: The Unfortunate Deterrence of Everyday Civil Litigation in Canada,” (2010) 36 QUEEN’S LJ 113. (48 pages) • cited by the Ontario Superior Court of Justice in Ted Thomson Management Inc. v 1331503 Ontario Ltd., 2013 ONSC 2025 3 “Clarifying Causation in Tort,” (2010) 33 DALHOUSIE L.J. 153. (37 pages) • cited by the following courts: • British Columbia Court of Appeal in Clements v Clements, 2010 BCCA 581; • Court of Appeal for Ontario in M.B. v 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135; • Ontario Superior Court of Justice in Sacks v Ross, 2015 ONSC 7238 and Moore v Getahun, 2014 ONSC 237; • Alberta Court of Queen’s Bench in Alberta (Workers’ Compensation Board) v Alberta (Appeals Commission), 2012 ABQB 733; • British Columbia Supreme Court in McArthur v Hudson, 2012 BCSC 1293 and Ek Estate v Littler, 2011 BCSC 1756 Erik S. Knutsen & Sean Rehaag, “Introduction to ‘Convergence in Dispute Resolution Processes’,” (2010) 49 Supreme Court Law Review (2d) 463 (also reproduced in Janet Walker & Oscar G. Chase, eds., COMMON LAW, CIVIL LAW AND THE FUTURE OF CATEGORIES 463 (LexisNexis: 2010)). (12 pages) 1.2 Book Reviews “MIDDLE INCOME ACCESS TO JUSTICE by Michael Trebilcock, Anthony Duggan and Lorne Sossin, eds.” (2013) 50 OSGOODE HALL LJ 1063-1070. (7 pages) 1.3 Book Chapters “A Reflexive Approach to Accident Law” in Eoin Quill, ed., DAMAGES AND COMPENSATION CULTURE: COMPARATIVE ESSAYS (Hart: Oxford, 2016) (13 pages) “Coherence and the Committed Civilian: Justice LeBel’s Contributions to Canadian Accident Law,” in Dwight Newman & Malcolm Thorburn, THE DIGNITY OF LAW: THE LEGACY OF JUSTICE LOUIS LEBEL (LexisNexis: 2015) (also reproduced in SUPREME COURT L REV). (30 pages) 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: Oxford, 2010) 239-260. (21 pages) Erik S. Knutsen & Sean Rehaag, “Introduction to ‘Convergence in Dispute Resolution Processes’,” in Janet Walker & Oscar G. Chase, eds., COMMON LAW, CIVIL LAW AND THE FUTURE OF CATEGORIES 463 (LexisNexis: 2010) (also reproduced in (2010) 49 Supreme Court Law Review (2d) 463). 4 2.0 Non-refereed Research Contributions 2.1 Law Review Articles “The Medical Malpractice Landscape in Ontario: Facts, Trends and Analysis of Trials and Appeals,” (2017) 47 ADVOCATES QUARTERLY 131-164. (34 pages) “Patchwork Contextualism in the Anglo-Canadian Law of Insurance Policy Interpretation: Implications for the PRINCIPLES OF THE LAW OF LIABILITY INSURANCE,” (2015) 68 RUTGERS U L REV 415-453. (38 pages) “Coping with Complex Causation Information in Personal Injury Cases,” (2013) 41 ADVOCATES QUARTERLY 149-178. (30 pages) • cited by the following courts: • Nova Scotia Supreme Court in Ketler v Nova Scotia, 2015 NSSC 170 • Saskatchewan Queen’s Bench in Herbert v Auto Connection Ltd., 2017 SKQB 110 “Five Problems With Personal Injury Litigation (And What To Do About It!),” (2013) 40 ADVOCATES QUARTERLY 492-517. (26 pages) “Causal Draws and Causal Inferences: A Solution to Clements v. Clements (and other causation cases),” (2011) 39 ADVOCATES QUARTERLY 241. (16 pages) “Keeping Settlements Secret,” (2010) 37 FLORIDA STATE U L REV 945. (70 pages) • cited by the U.S. Bankruptcy Court, D. Mass. in In re Blake, 452 B.R. 1 (2011) “Confusion About Causation in Insurance: Solutions for Catastrophic Losses,” (2010) 61 ALABAMA L REV 957. (67 pages) • cited by the following courts: • U.S. Fourth Circuit Court of Appeals in First Professionals Ins Co v Sutton, 607 FedAppx 276 (2015) (CA 4th Cir.) • Iowa Supreme Court in Amish Connection, Inc. v. State Farm Fire and Cas. Co., 861 NW2d 230 (2015) (Iowa) • New Mexico Court of Appeals in HealthSouth Rehabilitation Hospital of New Mexico, Ltd. v. Brawley, 369 P3d 27 (NM CA) (2016) “Ambiguous Cause-in-Fact and Structured Causation: A Multi-Jurisdictional Approach,” (2003) 34 TEXAS INT’L LJ 249-289 (40 pages)
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