Leonard H. Kunka*, Partner

Profile Photo

Email: Click here to Email

Phone: 416.868.3185

Fax: 416.868.3134

Certified Specialist - Civil Litigation
2012 Lexpert Ranked - Canadian Legal Lexpert
Best Lawyers

 

 

 

 

 

Admitted to the Law Society of Upper Canada in 1985 

*Leonard Kunka Law Professional Corporation
 

Practice Highlights

Leonard has been a partner at Thomson, Rogers since 1989.

Leonard’s litigation practice is dedicated to helping victims and families who are coping with the effects of a serious injury.

Leonard has extensive trial experience, successfully representing seriously injured individuals and their families, in all types of injury cases.

Leonard’s litigation department includes an experienced and caring group of law clerks and legal assistants who work with him as a team to achieve the best possible results for his clients.

Leonard’s father suffered a devastating traumatic brain injury many years ago. Living with a family member who was recovering from a traumatic brain injury has given him a unique understanding of the challenges faced by an individual with a head injury. This experience has also created in him, a compassion and empathy for injured persons and their families.

Leonard has the honour of having been selected by his peers for inclusion in The Best Lawyers in Canada® since 2010 in the field of personal injury litigation (Copyright 2009 by Woodward/White, Inc., of Aiken, S.C.). Leonard has also had the honour of having been selected by his peers to be published in the Canadian Legal Lexpert® Directory 2012 as a leading practitioner in  the field of Personal Injury Litigation.

Canadian Legal Lexpert - Leonard Kunka
 

Education

  • Bachelor of Arts, University of Toronto (1980)
  • Bachelor of Laws, Osgoode Hall Law School (1983)

Practice Areas

  • Personal Injury

Professional Activities and Affiliations

  • The Advocates’ Society
  • The Canadian Bar Association (CBA)
  • Ontario Trial Lawyers Association (OTLA)
  • The Medico-Legal Society of Toronto
  • The Metropolitan Toronto Lawyers Association (MTLA)
  • American Association for Justice
  • Past Director of the Community Head Injury Rehabilitation Services of Toronto and Region (CHIRS)
  • Member of the Advisory Committee for the Osgoode Certificate in Clinical Risk Program

 


 

Publications

Leonard H. Kunka, "Out of Province Motor Vehicle Accidents - Am I Covered?", Accident Benefit Reporter, Volume 14, Issue 2, November 2013.

Leonard H. Kunka, "Usage-based insurance has 'huge' legal implications", AdvocateDaily.com, October 25, 2013.

Leonard H. Kunka, "Who will benefit from usage-based-insurance?", The Lawyers Weekly, October 25, 2013.

Leonard H. Kunka, "Lump Sum CPP Disability Benefits - Does the Insurer Get Credit?", Accident Benefit Reporter Updater, Issue 6, December 2012.

Leonard H. Kunka & Carr Hatch, "Pedestrians, Cyclists, and the Role of an Impact in Motor Vehicle Insurance Coverage", Accident Benefit Reporter, Vol. 13, Issue 1, Summer 2012.

Leonard H. Kunka & Carr Hatch, "Snowmobiles and Trailers", Accident Benefit Reporter, Vol. 12, Issue 2, Fall 2011.
 

Leonard H. Kunka, “Court Comes to the Aid of Injured Parents and Other Caregivers”, Accident Benefit Reporter*, Vol. 9, Issue 1, Spring 2008.
 

Leonard H. Kunka, Thomson, Rogers on Municipal Liability - Chapter 2
 

Leonard H. Kunka, "Ont. Reg. 546/05 - Key Changes to the Statutory Accident Benefit Schedule”(Chart), Accident Benefit Reporter*, Vol. 7, No. 1, Summer 2006.
 

Leonard H. Kunka, “Customized Insurance”, Accident Benefit Reporter*, Vol. 6, No. 1, Fall 2004.
 

Leonard H. Kunka, “Changes to the Definition of ‘Catastrophic Impairment’, Accident Benefit Reporter*, Vol. 5, No. 4, Fall 2003.
 

Leonard H. Kunka, “SABS Changes”, Accident Benefit Reporter*, Vol. 5, No. 3, March 2003.
 

Leonard H. Kunka, “Access to Treatment and the Treatment Plan Process”, Accident Benefit Reporter*, Vol. 5, No. 2, Fall 2002.
 

Leonard H. Kunka, “Significant Legal Decisions – Year 2001 in Review”, Accident Benefit Reporter*, Vol. 4, No. 4, April 2002.

Leonard H. Kunka, “Recent Decision Provides Expanded Entitlements for Non-Catastrophic Injuries”, Accident Benefit Reporter*, Vol. 4, No. 2, September 2001.
 

Leonard H. Kunka, “Significant Legal Decisions – Year 2000 in Review”, Accident Benefit Reporter*, Vol. 3, No. 4, March 2001.
 

Leonard H. Kunka, “Death Benefits”, Accident Benefit Reporter*, Vol. 2, No. 2, August 1999.
 

* A Thomson, Rogers’ Publication

 


 

Recent Presentations

Leonard Kunka, David MacDonald, Michael Bennett, Catastrophic Impairments: Increasing Access to Care and Treatment for Patients with Severe Injuries, presented at Hamilton Health Sciences on January 24, 2014.

Leonard H. Kunka & Glenn Fincham, Going Through the System - A Consumer's Perspective, presented at the Back to School with Thomson, Rogers and Toronto ABI Network conference "Hospital to Home: Working Collaboratively" on September 12, 2013.

Leonard H. Kunka, Rehabilitation and Legal Issues - The Rural Challenge, presented at the Brain Injury Association of Quinte District 2013 Conference on May 15, 2013.

Leonard H. Kunka & Sloan H. Mandel, TORT DAMAGES - The Claims That You Never Knew You Had (and Those You Don't), presented at the St. John's Rehab Lunch & Learn on February 20, 2013.

Leonard H. Kunka, Richard F. L. Rose, Jim Davidson, and Anna Petronio, Effective Strategies and Tips for Mediating Tort Claims, presented at the Ontario Bar Association's Institute 2013 - The Great Debates in Insurance Law: Effective Settlement Strategies at Mediation, on February 8, 2013.

Managing Hospital Discharge Barriers
Panel:
Leonard Kunka, Partner - Thomson, Rogers
Martha Binstock, B.Sc.P.T., MCPA, CLCP
Maggie Didiano, BA (Hons.), Rehab Cert.
Heather Flett, BA, BSc., MSc
Helena Griner, Lyndhurst Centre Client
Blair Williams, Lyndhurst Centre Client

 

Leonard H. Kunka, Insurance Law for Criminal Lawyers, presented at the Law Society of Upper Canada Webcast on November 26, 2012. Law Society SKU #CLE12-01111.

Leonard H. Kunka, Liability Risks Facing Athletic Associations and Coaches, presented at the "Keep Your Head In The Game - Play Hard Play Safe" Concussion Discussion, hosted by the Bay of Quinte Safe Communities and the Brain Injury Association of Quinte District on May 23, 2012.

Leonard H. Kunka, Catastrophic Impairment and the Impact of the Court of Appeal Decision in Kusnierz v. Economical Mutual Insurance Company - The Plaintiff's Perspective, presented at the Annual General Meeting of the Canadian Insurance Claims Managers Association (CICMA) on March 7, 2012.

Leonard H. Kunka, How the Statutory Accident Benefits Can Be Used to Assist Families in Crisis, presented at "The Ripple Effect" conference in conjunction with the Brain Injury Association of Quinte District on February 10, 2012.

Leonard H. Kunka, Driving Assessments for Personal Injury Victims, guest speaker at Skill Builders Conference for The Association of Driving Rehabilitation Specialists on October 28, 2011.

Leonard H. Kunka, An Overview of the Litigation Process (And its Impact on Clinical Risk), presented at Osgoode Professional Development's Program toward the Osgoode Certificate in Clinical Risk on January 25, 2011.

Leonard H. Kunka & Darcy Merkur, Ask for Legal Advice - a seminar on recent Court cases impacting the interpretation of the definition of "catastrophic impairment" in the Ontario Statutory Accident Benefit Schedule, presented at the Neurological Rehabilitation Institute of Ontario on June 10, 2011.

Leonard H. Kunka, Determing Catastrophic Impairment for the New SABS, presented at the "Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS" conference with Thomson, Rogers on April 21, 2011 in Gravenhurst and May 25, 2011 in Belleville.

Leonard H. Kunka, Medical Professionals Charting, presented at "Lorman's Medical Records Law in Ontario" seminar on February 17, 2011.

Leonard H. Kunka, Darcy R. Merkur and Stephen Birman, The 3 Most Important Changes to the Ontario Statutory Accident Benefits Schedule From the Perspective of Hospital Trauma Workers, presented at St. Michael's Hospital on October 21, 2010.

Leonard H. Kunka, Returning to Work Following a Serious Injury - Success Lies in the Hands of the Rehabilitation Team, presented at the "Back-to-School II with Thomson, Rogers" conference on September 30, 2010.

Leonard H. Kunka, Overview of Accident Benefit Changes and Optional Insurance Coverage, presented at the "How will Ontario's New Automobile Legislation Impact Patients and their Treatment?" seminar, in conjunction with Physio Fix & Fitness, on September 15, 2010.

Leonard H. Kunka, and Darcy Merkur, Overview of the Statutory Accident Benefits Schedule - Ontario Regulation 34/10, presented at the "Navigating the New SABS: Practical Solutions" conference with Thomson, Rogers and the Toronto ABI Network on March 31, 2010

 

Leonard H. Kunka, "Managing and Litigating Motor Vehicle Accident Claims", chair at Osgoode Hall Law School, York University, March 23 - 24, 2010

Leonard H. Kunka, The Proposed Expanded Tort Rights, presented at the Back to School Conference with Thomson, Rogers and the Toronto ABI Network on September 10, 2009 

 

Leonard H. Kunka, Managing and Litigating Motor Vehicle Accident Claims, co-chair at Osgoode Hall Law School Professional Development - Continuing Legal Education on April 22, 2009

 

Leonard H. Kunka, Catastrophic Impairment and Completing The OCF 19, presented at the Ontario Society of Occupational Therapists on June 10, 2008
 

Leonard H. Kunka, Managing and Litigating Motor Vehicle Accident Claims, co-chair and presenter at Osgoode Professional Development CLE (Osgoode Hall Law School - York University) on February 6-7, 2008
 

Leonard H. Kunka, Pre-Claim Examinations, presented at Hamilton Health Sciences Centre on March 23, 2007
 

Leonard H. Kunka, Patricia J. Howell and George Lytwyn, Life after DACs II – Assessment and Treatment, presented at the Life after DACs II Workshop - Toronto on February 22, 2007
 

Leonard H. Kunka and David R. Neill, Surviving the Post-DAC World, presented at the Brain Injury Association of Quinte District on July 18, 2006
 

Leonard H. Kunka and David F. MacDonald and Patricia Howell, New Motor Vehicle Regulations, presented at Bridgepoint Health on May 24, 2006
 

Leonard H. Kunka, David F. MacDonald, Sloan H. Mandel and Patricia Howell, Solutions for Injured Children and Their Families under the New Motor Vehicle Regulations, presented at the Hospital for Sick Children on May 3, 2006
 

Leonard H. Kunka and Michael G. Holden, Solutions for Assisting Injured Persons under the New Regulations, presented at St. Michael’s Hospital on March 31, 2006
 

Leonard H. Kunka, Pre-Claim Examinations s. 32.1, presented at Hamilton Health Sciences Centre on March 9, 2006
 

Leonard H. Kunka, Life after DACs Conference - Working for Adults and Children with Brain Injury within the New Post-DAC System, presented at Toronto Rehabilitation Institute on February 6, 2006
 

Leonard H. Kunka, David F. MacDonald, and David R. Neill, Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients, presented at Hamilton General Hospital on July 28, 2005
 

Leonard H. Kunka and David F. MacDonald, Thomson, Rogers on Bill 198 for Acute Care Patients, presented at Hamilton Health Sciences Centre on November 11, 2004
 

Leonard H. Kunka, Customized Auto Insurance, presented at St. Michael’s Workshop on September 2004
 

Leonard H. Kunka and Patricia J. Howell, Ensuring a Smooth Transition from Hospital to Home, presented at Toronto Rehabilitation Institute on March 2004
 

Leonard H. Kunka and David A. Payne, Ontario Auto Insurance Bill 198 and Other Changes – What the Health Care Professionals Need to Know, presented on February 17, 2004
 

Leonard H. Kunka, Tanya Beatty and Damian J. May, Community Treatment Order, presented at Bloorview MacMillan on February 16, 2004
 

Leonard H. Kunka, Managing Serious Injury Claims under Ontario's Automobile Insurance Regime, co-chair at The Law Society of Upper Canada - Continuing Legal Education on September 16, 2003
 

Leonard H. Kunka, Nursing Documentation Standards Revised 2002, presented at the College of Nurses of Ontario on June 2003
 

Leonard H. Kunka, Bill 198 and the New SABS, presented at Toronto Rehabilitation Hospital on May 12, 2003
 

Leonard H. Kunka, Bill 198 and the New SABS - Adapting to the Changes in the Rehabilitation Setting, presented at the Opening Community Doors Conference on February 21, 2003
 

Leonard H. Kunka and Anna Greenblatt, Bill 59: New Solutions to an Old Puzzle - Seamless Rehabilitation - Hospital to Home, presented at Riverdale Hospital on January 25, 2002

 


 

In the Media

Legal Matters: How to choose a personal injury lawyer
Metro News Toronto, March 19, 2014

Personal injury claims can take years to complete, and the lawyer is
going to become intimately involved in your life and recovery. You have to feel a level of trust and connection from your initial meeting.
 

Usage-based insurance draws mixed reactions
CityNews.ca, February 24, 2014

Usage-based car insurance is relatively new to Canada and while some customers say they are already cashing in, others wonder if drivers will be paying for it in the long run.
 

What kind of driver are you?
CBC News Toronto, June 6, 2013

Leonard Kunka was interviewed on the 6:00 pm CBC news regarding usage-based insurance. This portion of the news cast begins 18 minutes and 7 seconds into the video.
 

Usage-based insurance: Big Brother along for the ride
AdvocateDaily.com, May 29, 2013

Desjardins General Insurance Group has recently launched usage-based auto insurance (UBI) to its policyholders
 

Public perception of lawyers needs to change
AdvocateDaily.com, February 21, 2013

A new campaign that aims to overhaul lawyers’ images is one way to send the message that the negative connotation associated with the profession is not justified
 

New Image for Lawyers
CBC News, February 7, 2013

In an effort to improve the public’s opinion of lawyers, the Ontario Bar Association has launched a public relations campaign which highlights why some lawyers chose to practice law.
 

What Is A Party Host's Responsibility In Regards To Alcohol Consumption?
CBC Radio Manitoba, December 1, 2011

Find out why hosts can sometimes be held legally responsible for the behaviour of intoxicated party guests...and how to know when the law requires you to intervene.

Leonard Kunka was also featured on CBC Radio Gander, Moncton, Kelowna, Whitehorse, Cornerbrook, Vancouver, Quebec City, Cape Breton, and Fredericton.

 


 

Cases of Note

$3.3 Million Dollar Settlement for Car Accident Victim
Medical Legal Video
(Vimeo Video)

On March 23, 2004, Garth Holding suffered serious injuries in a motor vehicle accident when his vehicle was struck by an oncoming car.

See interviews from Garth's Day in the Life video:

 



Testimonials

 

I would like to tell my story from the perspective of the man who loves the one who was injured. First i want to say that unless you have gone through the experience of seeing a loved one sustain a serious brain injury then it may be difficult to understand what both of us went through and still experience every day.

Louisa was driving back to university in Windsor on a Sunday afternoon when her car slid on an icy patch of roadway and spun around hitting a utility pole. The impact crumpled in the passenger side of her car up to her seat.

I got the phone call from the OPP at our home and rushed to the hospital. She remained in a coma for 3 weeks and although she would look at me from her bed she doesn't remember any part of that time. During that period i was encouraged by hospital staff to give as much thought stimulation to her as possible. I brought in family pictures and let her look at her favourite recipe cards to try to jog her memory.

Her accident occurred on Jan 23rd and she came out of the coma on Valentines Day Feb 14th exactly as some doctors had predicted. I was delighted every time she showed some glimmer of attention and single words until on Feb 14th just as I was about to leave the hospital for home she started to talk to me in earnest. The words were mostly unconnected like gibberish but I was excited and only left for home after she got tired that day. After that landmark day her speech and mobility gradually improved. Finally the day came when she could leave the hospital. We came home and I stayed with her until her mother arrived to care for her while I went back to work.

In January the next year she returned to her studies and graduated with a mechanical engineering degree. She was an honours student before and her grades dropped but she still made it through. After that she went to several job interviews without success and tried one year of nursing training until she decided to stay at home.

Today she lives as normal a life as she can cook and garden in the summer. Because of the severity of her injury she has many characteristics that others would find not normal. She has trouble with balance, is quick to anger and often untrusting of others. As her husband I have gotten used to her little excesses that would not be easy for others to understand.

Through it all she received excellent care and attention from so many involved. The staff at Hamilton General hospital took good care of her and there were excellent people to help her after her release from the hospital.

In the beginning, without knowing who to contact I was advised to contact Thomson Rogers about her case and Leonard Kunka became her lawyer. Not only did he work very hard on her behalf all the way but he guided me to the best rehabilitation team she could have hoped for. The whole team including her physiotherapist, occupational therapist and neuropsych and were excellent both when she was still at home and then in Windsor. Through the whole process we couldn't have gotten a better case manager than in Kim Doogan. She worked tirelessly day after day until her final settlement was achieved.

How often Louisa and I have commented since, about the good fortune we had in getting these people to help her. But as much as these people were so good Leonard Kunka was I feel the best lawyer we could have had. He patiently listened to my concerns about Louisa in many meetings and always had a kind word and encouragement. When the final settlement for her was completed it was evident the long hours and effort he had made for us. For this I will be always grateful.

If my story sounds overly grateful then so be it. What was important to me was to have so many skilful people working so hard on Louisa's behalf. I had never experienced a loved one being injured and changed forever like that and I hope those reading don't in future ever have to experience the same.

- M. Pelkey

 


 

I would like to extend my sincerest thanks to you,  and the entire team for the exemplary services you have provided me. Your services are very commendable and are sincerely appreciated.

Thanks again and all the best.

- V. Cayabyab

 


 

We want you to know how fortunate we are to have such a fine team representing us.

The accident certainly changed my lifestyle in a hurry! However it was so much easier to deal with knowing that your firm was so involved in looking after our interests.

Thanks again for doing such a fine job and caring so much.

- E. Chatten and R. Chatten

 


 

You are the best lawyer in town!! We have appreciated you for all these years.

- R. Pavlovic and T. Pavlovic

 


 

Dear Leonard,

I would like to take this opportunity to thank you for your professional work on my case for over 7 years.

Your honest and humble attitude not only makes you a trusted lawyer, but also an effective negotiator. If someone I know is in a similar situation, I will send them straight to Leonard Kunka.

Thank you and your staff for the hard work on my case.

- L. Pelkey

 


 

Mr. Kunka and his team did a great job in getting us the best award we could get to take care of our present and future needs. My ongoing medical costs alone are big and many and yet we received a settlement to assist us with our needs, current and future living costs. It's this great service of trust and professionalism that Thomson, Rogers offers>.

- G. Holding

 

← Back   Print This Page   Email This Page