Pamela D. Pengelley joined the firm's Toronto office in 2006. She focuses her practice on commercial litigation including subrogation and recovery actions, energy claims, and insurance coverage. Pamela is also the editor of Cozen O'Connor's Canadian Subrogation and Recovery Alerts, and a contributor for Cozen O'Connor's Subrogation & Recovery Blog.
Pamela is called to the bar in Ontario (2006), British Columbia (2011) and Alberta (2011). She is a member of Advocates' Society, the Canadian Bar Association, the Ontario Bar Association, the Toronto Lawyers Association, the National Association of Subrogation Professionals, and the Canadian Defence Lawyers.
Pamela has been the recipient of numerous honors including the 2009 David Stockwood Memorial Prize for an advocacy-themed article, the 2008/2009 Marilyn L. Pilkington Award for outstanding academic performance in the LL.M. program, the Canadian Law Library Review's 2005 Feature Article of the Year Award and the 2002 Sonny Ladoo Literary Award. Since 2003, Pamela has been coaching and judging law school teams in the world’s largest advocacy competition, the Willem C. Vis Moot in International Commercial Arbitration, with her teams placing in the top tier. Since 2006, she has attended as a judge for the competition in Vienna, Austria, on an annual basis.
Pamela received a Bachelor of Science from the University of Toronto in 2002, graduating with high distinction and a scholarship for academic excellence. She earned her law degree from Osgoode Hall Law School in 2005, where she subsequently completed a Master of Laws. In 2003, while in the United Kingdom, she received a Certificate in International Business Law from Queens University's International Study Center.
February 14, 2018
Cozen O’Connor announces Pamela D. Pengelley has been appointed to serve as the Office Managing Partner for the firm’s Toronto office.
June 10, 2010
Pamela Pengelley of the Toronto office, was awarded the Stockwood Memorial Prize for legal writing. The David Stockwood Memorial Prize honors the contributions of David Stockwood, Q.C., LSM, who served as the editor of The Advocates' Society Journal from 1991 - 2008. Pamela was awarded this prize at the Advocates' Society AGM and End of Term Dinner at the Metro Toronto Convention Center
October 23, 2008
Pamela D. Pengelley Earns Pilkington Award From Osgoode Hall
April 08, 2008
Cozen O’Connor has announced that 61 attorneys and 8 paralegals have been named to the firm’s 2007 Pro Bono Honor Roll.
June 15, 2016
Pam Pengelley discusses the increase in the number of water loss claims attributed to the failure of flexible braided stainless steel hoses attached to water source heat pumps.
May 05, 2016
Pamela Pengelley, Raj Datt, and Dana Doidge discuss the current state of the Fort McMurray Wildfire and what can be done to preserve subrogation rights.
March 01, 2012
Subrogation In Fire Cases With No Known Cause - Not Just Blowing Smoke! - Subrogation and Recovery Alert! - The immediate investigation of loss sites, especially those involving fires, enhances subrogation recognition and maximizes recovery.
January 01, 2012
Subrogating Against Subcontractors. Recovering from Subcontractors Under a Builders' Risk Policy: Ontario Court of Appeals Opens the Door for Subrogation - Claims Canada -
December 15, 2011
Recovering From Subcontractors Under Builders' Risk Policies: Ontario Court of Appeal Opens the Door for Subrogation - Subrogation and Recovery Alert! - Pursuing subrogation under a builders' risk policy against a subcontractor whose fault caused a loss always presents distinct legal challenges. In Canada, the courts have sometimes shielded subcontractors from liability, but a recent decision by the Ontario Supreme Court of Justice in Brookfield Homes v. Nova Plumbing has opened the door to recovery against negligent subcontractors where the policy language permits it.
January 13, 2011
It's All About YouTube: How Social Media Can Make or Break Your Subrogation Action - Subrogation and Recovery Alert! - YouTube can be a surprising source of evidence in proving your claims. Video of fires, explosions, collapses and other casualty events is provided almost in real time by participants and observers. Documentation of the incipient stages of a loss often is of critical importance in reconstructing what occurred. This Alert discusses how to obtain and use YouTube video evidence, including identifying potential witnesses.
July 29, 2010
Summer 2010 - Subrogation & Recovery Observer -
April 11, 2010
INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.
December 01, 2009
Fessing Up to Facebook: Recent Trends in the Use of Social Network Websites for Civil Litigation - CANADIAN JOURNAL OF LAW AND TECHNOLOGY - In December 2008, after several failed attempts to serve a couple with court documents by email by and text messaging their mobile phones, an Australian lawyer won the right to serve a default judgment by posting the terms of the judgment on the defendants’ Facebook “Wall.” In a ruling that appears to be the first of its
kind anywhere in the world, Master Harper of the Supreme Court of the Australian
March 23, 2009
Fessing Up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation - Canadian Subro Alert! - In December 2008, after several failed attempts to serve a couple with court documents by email and text messaging their mobile phones, an Australian lawyer won the right to serve a default judgment by posting the terms of the judgment on the defendant’s Facebook Wall. In a ruling that appears to be the first of its kind anywhere in the world, Master Harper of the Supreme Court of the Australian Capital Territory held that the lawyer could use the social networking site to serve court notices.
April 03, 2008
Reality Cheque: Bank Liability for Fraudulent Bills of Exchange - Canadian Subrogation Alert! - 5 pgs total. In Canada, the liability of banks that act on forged cheques is governed by a mix of the common law and the federal Bills of Exchange Act. This article discusses the legal reasons for placing liability on banks in these cases, and considers some common defences that the subrogation professional may encounter when pursuing this avenue of recovery.
December 29, 2007
Foresight in Hindsight: An Insight into Ahmed v. Stefaniu and De-biasing Legal Evaluations of Reasonable Care - Annual Review of Civil Litigation -
December 01, 2007
Confidentiality and Disclosure in Mediation: When the Chicken Won't Talk - The Advocates' Quarterly - 4 pgs. Ontario has been making moves towards mandatory mediation in litigation. While mediations are often considered confidential, no rule explicitly makes it confidential. This means that under some circumstances, this confidentiality can be broken.
November 15, 2007
Methods For Enforcing Civil Judgments in Ontario - Canadian Subrogation Alert! - 5 pgs total, focus on Canada. When a court issues a judgment, it is not concerned with whether the unsuccessful party will ever actually pay the amount. Nonetheless, our civil court system does provide the successful insurer with mechanisms to assist in collecting payment from the unsuccessful defendant. The two most common mechanisms for this purpose are (1) a writ of seizure and sale, and (2) a garnishment of debts, such as wages, owing to the debtor.
August 21, 2007
Anticipation of Litigation: The Role of Litigation Privilege in Subrogated Claims - Subrogation and Recovery Alert! - 3 pgs total. When an insurer steps into the shoes of its insured and commences a subrogated action...it is often desirable for the insurer to withhold the production of certain documents that have been generated during the process of investigating the insured's claim. This may be permitted where the materials have been prepared with a view to litigation, pursuant to what is called “litigation privilege.” This privilege does have its limits and exceptions though.
April 20, 2007
The “Q & A” On Freight Forwarders: Who Are They? What Do They Do? When Are They Liable? - Subrogation and Recovery Alert! - 5 pgs total. When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the carriers, being the parties who were contracted to handle and transport the goods. Another party may bear responsibility for the loss, the freight forwarder. Where property is damaged in transport, subrogation professionals should be alert to the possibility of recovering against freight forwarders who may have been involved in arranging carriage for the goods.
January 25, 2007
Suing the Seller: Using Ontario's Sale of Good Act to Recover Damages Caused by Defective Products in a Subrogated Action - Subrogation and Recovery Alert! - 6 pgs total. Under Canadian law, “strict liability” against a manufacturer does not exist. A plaintiff may not succeed against a manufacturer simply by proving that the manufacturer’s product was defective and that this caused the plaintiff’s loss. The plaintiff must also prove that the manufacturer was somehow negligent. The Ontario Sale of Goods Act may provide an alternative ground of recovery for plaintiffs in product liability actions.
January 01, 2007
A Compelling Situation: Enforcing American Letters Rogatory in Ontario - The Canadian Bar Review - 28 pgs total; article from LA REVUE DU BARREAU CANADIEN. A letter rogatory, or
December 01, 2006
Something To Prove: The Impact of the Burden of Proof in Property Damage Claims - WP - Establishing whether the plaintiff or defendant has the burden of proof in a civil action can mean the difference between winning and losing a case. In a subrogated claim for property damage, it is usually the plaintiff, the insurance company suing in its insured's name, who has the burden of proving that a defendant is responsible for the loss.
November 13, 2006
Time’s Up!: Limitation Periods for Subrogated Actions in Canada - Subrogation and Recovery Alert! - 5 pgs. Limitation periods are the time period in which an action can be brought. This is both to incentivize plaintiffs to bring lawsuits in a timely fashion and keeps defendants from continuously fearing past obligations. This article goes into detail on what the Canadian laws are regarding these periods.
October 03, 2006
The Volunteer Defence - Subrogation and Recovery Alert! - 5 pgs total. The volunteer defence may be raised by defendants in a subrogated action in order to challenge the right of an insurance company to seek recovery for a loss paid to an insured under a policy. As the name suggests, the volunteer defence alleges that an insurance company has made voluntary payments to its customer without any obligation to do so under the policy or in law. Topics: ORIGINS OF THE DEFENCE; THE LAW IN CANADA; SHOULD INSURERS BE CONCERNED?
July 05, 2006
Recovery Opportunities Arising from Halogen Bulb and Torchiere-Style lamp Failures - Subrogation and Recovery Alert! - 5 pgs total. The torchiere-style residential floor lamp is a sleek, decorative, inexpensive appliance with almost universal appeal. It is also one of the most common fire hazards of our time. The following discussion is intended to assist in proving manufacturer responsibility and overcoming certain defenses. Topics: Determining the Failure Mode; Legal Strategies.
May 18, 2006
Something to Prove: The Impact of the Burden of Proof in Property Damage Claims - Subrogation and Recovery Alert! - 7 pgs total. Subrogation professionals need to be aware of cases where the burden of proving a case may rest with a defendant rather than a plaintiff. A claim for property damage that initially appears weak...may give rise to excellent recovery prospects. In a subrogated claim for property damage it is usually the plaintiff...who has the burden of proving that a defendant is responsible for the loss. There are important exceptions to the general rule that the plaintiff has this burden.
April 21, 2006
“You be the Judge” Advantages of Arbitrating Subrogated Claims in Ontario - Subrogation and Recovery Alert! - 8 pgs total, with a focus on Ontario. In order to benefit from arbitration as a method of dispute resolution, insurance companies and their legal counsel must be alert to the advantages offered by Ontario’s arbitration schemes. Topics covered: WHAT IS ARBITRATION?; ARBITRATION IN ONTARIO; WHY ARBITRATE?; AGREEING TO ARBITRATE SUBROGATED CLAIMS; OTHER ARBITRAL ORGANIZATIONS IN ONTARIO.
Events & Seminars
April 17, 2019 - Toronto, Ontario
Pamela Pengelley will be speaking on an upcoming panel titled, "Procedural Issues in Arbitration" at the ADR Institute of Ontario Arbitration conference in Toronto, Ontario.
November 20, 2013 - Toronto, Ontario
November 21, 2012 - Toronto, Ontario
November 01, 2012 - London, U.K.
January 19, 2012 - Tampa, FL
November 15, 2011 - Toronto, Ontario
September 01, 2010 - Toronto, Ontario
June 01, 2010 - Toronto, Ontario