Gerald A. Badali 

Gerald A. Badali

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4064
e: gerald.badali@mcmillan.ca

aperçu

Gerald Badali is a member of the firm's Corporate & Insurance and Information Technology Practice Groups. His practice areas include corporate/commercial work with a particular emphasis on insurance and regulatory matters as well as information technology.

Gerald has been advising on insurance and regulatory issues in excess of twenty years, both at the federal and provincial levels, representing insurance companies, banks, payment card companies, automobile manufacturers/distributors, marketing corporations, telecoms and others. His practice in this area focuses on product development and marketing as well as on regulatory compliance under federal, provincial and territorial insurance legislation, the Bank Act (Canada) and its regulations, consumer protection legislation across Canada, Canada's anti-money laundering and anti-terrorist financing legislation, etc. He is a Chief Agent in Ontario and is a former member of the Legal Advisory Committee of the Financial Services Commission of Ontario (FSCO).

In his information technology practice, Gerald has been advising on IT issues in excess of twenty years, first on the supplier-side representing licensors, distributors and processing companies, and later on the customer-side representing financial institutions, manufacturers and health care providers. His advice has included counseling on the procurement, licensing and protection of technology and intellectual property; the development and use of software and on-line technologies; the distribution of computer products and services; and the implementation of outsourcing and business continuity strategies. He is well-versed in the requirements of the Broader Public Sector Procurement Directive (Ontario), the Management Board of Cabinet Procurement Directive (Ontario), the Agreement on Internal Trade (AIT), the Outsourcing Guideline of the Office of the Superintendent of Financial Institutions and other government initiated procurement rules, directives and guidelines.

Representative Matters

Corporate & Insurance

  • Advised on life, accident and sickness, property, liability, surety, title, travel and creditor's group insurance matters including product development work in respect of term life, universal life and annuity policies as well as variable insurance (segregated funds) contracts
  • Advised on corporate reorganizations and governance, market conduct, product distribution and marketing arrangements (including affinity programs), as well as on regulatory matters related to all of the foregoing
  • Advised banks, insurers, marketing companies, manufacturers and others in defining the borderline between insurance and non-insurance products
  • Advised auto manufactures, an international electronics manufacturer and others on the implementation and administration of warranty, extended warranty, service contract and other dealer sold programs, on a cross Canada basis
  • Advised on and prepared corporate policies, compliance regimes and other guidance in respect of investments, outsourcing, money laundering, anti-terrorism, unclaimed property/ escheatment, etc., for various financial institutions, credit card companies and other issuers of payment products
  • Specifically advised on regulatory issues related to credit cards, charge cards, prepaid payment cards (prepaid access), gift cards, etc., in respect of card franchisors, issuers and administrators, on a cross Canada basis
  • Advised life insurance companies and their holding corporations in connection with acquisitions as well as with divestitures of divisions, subsidiaries and investments including asset sales, share sales, assumption reinsurance and insurance administration agreements
  • Advised on 'insurance discrimination', and the intersection of 'human rights discrimination' and insurance
  • Advised on reinsurance treaties and agreements

Information Technology

In addition to working extensively on procurement issues (including RFIs, RFPs, RFT/RFQs, etc.), Gerald's practice emphasizes the drafting and negotiation of technology-related agreements, both domestic and cross-border, including the following:

  • Acceptable Use Policy (Internet, etc.)
  • Cloud Computing
  • Confidentiality/Non-Disclosure
  • Consulting/Professional Services
  • Data Migration
  • Database Development and Maintenance
  • Database Subscription
  • Distribution (Hardware, Software, etc.)
  • Disaster/Business Recovery/Continuity
  • EDI Communication Services
  • Electronic Funds Transfer (EFT)
  • Equipment Financing
  • Facilities Management
  • Hardware Lease (individual and master agreements)
  • Hardware Purchase and Sale
  • Hardware Maintenance
  • Network Services
  • Non-Competition
  • On-line Access
  • Original Equipment Manufacturer (OEM)
  • Outsourcing
  • Software Development
  • Software Evaluation
  • Software Licence/Sublicence
  • Software/Technology Escrow
  • Software Maintenance and Support
  • Software Integration and Support
  • System Acquisition and Integration
  • System Access
  • System Integration
  • Technology Transfer
  • Value Added Reseller (VAR)
  • Vendor of Record (VOR)
  • Web Site Design and Development
  • Web Site Hosting
  • Web Site Use

Presentations

Anti-Money Laundering and Anti-Terrorism Financing
Anti-Money Laundering and Anti-Terrorism Financing

Publications

Insurance and reinsurance in Canada: overview
Thomsom Reuters - Practical Law
Votre assurance contre les pertes d'exploitation couvre-t-elle la COVID-19?
A.M. Best's Digest of Insurance Law
Practical Law Guide, Insurance and Reinsurance in Canada
The Anti-Money Laundering/Anti-Terrorist Financing section of Compliance Office®, Ethidex's web-based compliance and risk-management system, which is currently utilized by numerous Canadian insurers
AML Regulatory Challenges Facing FinTechs
Insurance Intermediation Activities and Insurance Intermediaries
The Legal Nature of Insurance Contracts
Filthy Lucre: Confronting the Risks of Money Laundering

News

Des avocat.e.s de McMillan obtiennent 38 classements dans 21 catégories dans le guide Chambers Canada 2021
Des avocat.e.s de McMillan obtiennent 38 classements dans 21 catégories dans le guide Chambers Canada 2021
22 avocats de McMillan figurent au répertoire The Legal 500 – Canada de 2020
Les avocats de McMillan obtiennent 41 classements dans 23 catégories dans le guide Chambers Canada de 2020
Les avocats de McMillan sont bien représentés dans le guide Chambers Canada de 2019
Les avocats de McMillan sont bien représentés dans l'édition 2018 du guide de Chambers Canada
Les avocats de McMillan sont bien représentés dans l'édition 2017 du répertoire Chambers Canada
Publication de Gerald Badali sur le site Web du magazine Risk Management

Education

  • University of Western Ontario, LLB - 1981
  • University of Toronto, BA (with high distinction) - 1978

Year Of Call

  • Barreau de l'Ontario - 1983

Practices

assurances
services financiers
conformité réglementaire
droit des affaires
payments and money services

Industries

assurances
banques
automobile

Gerald Badali is a member of the firm's Corporate & Insurance and Information Technology Practice Groups. His practice areas include corporate/commercial work with a particular emphasis on insurance and regulatory matters as well as information technology.

Gerald has been advising on insurance and regulatory issues in excess of twenty years, both at the federal and provincial levels, representing insurance companies, banks, payment card companies, automobile manufacturers/distributors, marketing corporations, telecoms and others. His practice in this area focuses on product development and marketing as well as on regulatory compliance under federal, provincial and territorial insurance legislation, the Bank Act (Canada) and its regulations, consumer protection legislation across Canada, Canada's anti-money laundering and anti-terrorist financing legislation, etc. He is a Chief Agent in Ontario and is a former member of the Legal Advisory Committee of the Financial Services Commission of Ontario (FSCO).

In his information technology practice, Gerald has been advising on IT issues in excess of twenty years, first on the supplier-side representing licensors, distributors and processing companies, and later on the customer-side representing financial institutions, manufacturers and health care providers. His advice has included counseling on the procurement, licensing and protection of technology and intellectual property; the development and use of software and on-line technologies; the distribution of computer products and services; and the implementation of outsourcing and business continuity strategies. He is well-versed in the requirements of the Broader Public Sector Procurement Directive (Ontario), the Management Board of Cabinet Procurement Directive (Ontario), the Agreement on Internal Trade (AIT), the Outsourcing Guideline of the Office of the Superintendent of Financial Institutions and other government initiated procurement rules, directives and guidelines.

Corporate & Insurance

  • Advised on life, accident and sickness, property, liability, surety, title, travel and creditor's group insurance matters including product development work in respect of term life, universal life and annuity policies as well as variable insurance (segregated funds) contracts
  • Advised on corporate reorganizations and governance, market conduct, product distribution and marketing arrangements (including affinity programs), as well as on regulatory matters related to all of the foregoing
  • Advised banks, insurers, marketing companies, manufacturers and others in defining the borderline between insurance and non-insurance products
  • Advised auto manufactures, an international electronics manufacturer and others on the implementation and administration of warranty, extended warranty, service contract and other dealer sold programs, on a cross Canada basis
  • Advised on and prepared corporate policies, compliance regimes and other guidance in respect of investments, outsourcing, money laundering, anti-terrorism, unclaimed property/ escheatment, etc., for various financial institutions, credit card companies and other issuers of payment products
  • Specifically advised on regulatory issues related to credit cards, charge cards, prepaid payment cards (prepaid access), gift cards, etc., in respect of card franchisors, issuers and administrators, on a cross Canada basis
  • Advised life insurance companies and their holding corporations in connection with acquisitions as well as with divestitures of divisions, subsidiaries and investments including asset sales, share sales, assumption reinsurance and insurance administration agreements
  • Advised on 'insurance discrimination', and the intersection of 'human rights discrimination' and insurance
  • Advised on reinsurance treaties and agreements

Information Technology

In addition to working extensively on procurement issues (including RFIs, RFPs, RFT/RFQs, etc.), Gerald's practice emphasizes the drafting and negotiation of technology-related agreements, both domestic and cross-border, including the following:

  • Acceptable Use Policy (Internet, etc.)
  • Cloud Computing
  • Confidentiality/Non-Disclosure
  • Consulting/Professional Services
  • Data Migration
  • Database Development and Maintenance
  • Database Subscription
  • Distribution (Hardware, Software, etc.)
  • Disaster/Business Recovery/Continuity
  • EDI Communication Services
  • Electronic Funds Transfer (EFT)
  • Equipment Financing
  • Facilities Management
  • Hardware Lease (individual and master agreements)
  • Hardware Purchase and Sale
  • Hardware Maintenance
  • Network Services
  • Non-Competition
  • On-line Access
  • Original Equipment Manufacturer (OEM)
  • Outsourcing
  • Software Development
  • Software Evaluation
  • Software Licence/Sublicence
  • Software/Technology Escrow
  • Software Maintenance and Support
  • Software Integration and Support
  • System Acquisition and Integration
  • System Access
  • System Integration
  • Technology Transfer
  • Value Added Reseller (VAR)
  • Vendor of Record (VOR)
  • Web Site Design and Development
  • Web Site Hosting
  • Web Site Use
1 Avril 2020
Insurance and reinsurance in Canada: overview
Thomsom Reuters - Practical Law
(seulement disponible en anglais)
2019
A.M. Best's Digest of Insurance Law
(seulement disponible en anglais)

(the principal author of the Ontario section since 2009)

Septembre 2018
Insurance and Reinsurance in Canada: Overview
(seulement disponible en anglais)

Thomson Reuters

2017
Practical Law Guide, Insurance and Reinsurance in Canada
(seulement disponible en anglais)

(co-author of Canadian chapter since 2015)

2017
The Anti-Money Laundering/Anti-Terrorist Financing section of Compliance Office®, Ethidex's web-based compliance and risk-management system, which is currently utilized by numerous Canadian insurers
(seulement disponible en anglais)

(authored this section since at least as early as 2004)

Mai 2017
AML Regulatory Challenges Facing FinTechs
(seulement disponible en anglais)

The Canadian Institute (assisted in the preparation of the presentation materials)

Décembre 2015
Managing Risk in the Administration of Employee Benefits
(seulement disponible en anglais)

Risk Management Magazine Online
Risk and Insurance Management Society, Inc., (RIMS) New York, New York

Septembre 2015
Insurance Intermediation Activities and Insurance Intermediaries(seulement disponible en anglais)

International Bar Association
(co-author of Canadian section)

Octobre 2013
The Legal Nature of Insurance Contracts
(seulement disponible en anglais)

International Bar Association
(principal author of the Canadian section)

Septembre 2010
Filthy Lucre: Confronting the Risks of Money Laundering(seulement disponible en anglais)

Risk Management Magazine, Vol. 54:4, Risk and Insurance Management Society, Inc.(RIMS), New York, New York

18 Octobre 2009
Anti-Money Laundering and Anti-Terrorism Financing(seulement disponible en anglais)
Registered Deposit Brokers Association, 2009 RDBA National Educational Conference, Fairmont Royal York Hotel, Toronto, ON
26 Février 2009
Anti-Money Laundering and Anti-Terrorism Financing(seulement disponible en anglais)
Independent Financial Brokers Association, Toronto Spring Summit, Toronto Congress Centre, Toronto, ON