Practice Highlights

Darcy is the only lawyer in Canada to be qualified as a Certified Brain Injury Specialist by the Brain Injury Association of America. In addition, Darcy is proud to be one of just four plaintiff’s personal injury lawyers in Ontario with all of the following credentials:

  • Certified Specialist in Civil Litigation by the Law Society of Ontario
  • Most Frequently Recommended as an expert in personal injury litigation in  The Canadian Legal Lexpert® Directory
  • recognized as an expert in personal injury litigation in The Best Lawyers™ in Canada
  • recognized as AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™, and
  • is a partner at a Top 10 Personal Injury Law Firm in Canada according to Canadian Lawyer Magazine.

client video testimonials


Personal Injury:
In addition to being certified by the Law Society of Ontario as a specialist in Civil Litigation, Darcy has been recognized by his peers in both The Canadian Legal Lexpert® Directory as a Most Frequently Recommended leading lawyer in Personal Injury representing Plaintiffs and in The Best Lawyers™ in Canada in the field of Personal Injury Litigation. As well, Darcy was the proud recipient of the 2011 Dean Edgell Award, presented by the Ontario Trial Lawyers Association for Darcy’s significant contribution and excellence in legal writing, continuing legal education, and leadership activities. His reputation as a leader in the personal injury field was acknowledged in a Toronto Sun article on auto insurance where Darcy was referred to as “one of the province’s leading personal injury lawyers”.

As a trauma lawyer, Darcy handles a multitude of complex, serious personal injury cases on behalf of accident victims and their families and has had some great successes. In a personal injury jury trial involving an adolescent acquired brain injury accident victim, Darcy helped achieve such an outstanding result for the accident victim that the trial judge made a rare premium award to him and his co-counsel. In doing so, the trial judge noted that Darcy had “gained a great deal of expertise in personal injury litigation”.

While most of Darcy’s work involves assisting Ontario motor vehicle accident victims including catastrophically impaired pedestrians and cyclists hit by cars, Darcy has had the privilege of assisting hundreds of victims of sexual abuse. His exceptional work on behalf of victims of sexual abuse was recognized by an Adjudicator in the Aboriginal Residential School Independent Assessment Process. In the decision, the Adjudicator wrote that, “the professionalism, advocacy and solicitor-client relationship displayed by Mr. Merkur during the course of the hearing was exemplary.”

Darcy has also built a reputation as an innovator in the personal injury field. He has designed a revolutionary computer program for use in quantifying personal injury claims and his product is now available for sale through the legal publisher Carswell under the title “The Ontario Personal Injury Damages Calculator”. The program can also be used to quantify the value of past and future accident benefits available under the Statutory Accident Benefits Schedule (SABS), such as attendant care benefits, income replacement benefits, medical and rehabilitation benefits and other benefits available in cases of catastrophic impairment. The program is instrumental for accurately evaluating compensation in car accident cases, slip and fall cases, slip and fall cases and other negligence cases.

Darcy Merkur’s Personal Injury Damages Calculator

Darcy passionately supports the rights of accident victims. Through his previous involvement with the Brain Injury Society of Toronto and, in particular, the Brain Injury Awareness Month planning committee, he has tried to help raise public awareness of the difficulties faced by head injury victims.

Class Action:
Darcy was instrumental in the multi-billion dollar Aboriginal Residential School class action settlement — the largest class action settlement in Canadian history

Education

  • Bachelor of Commerce, McGill University (1995)
  • Bachelor of Laws, Osgoode Hall Law School (1998)

Professional Accreditations and Affiliations

  • Certified Specialist (Civil Litigation)
  • Certified Brain Injury Specialist by the Brain Injury Association of America
  • LEXPERT® Ranked Lawyer
  • Listed in The Best Lawyers™ in Canada since 2013
  • Martindale-Hubbell® Ranked Lawyer, AV Preeminent®
  • Previously on the Board of Directors for the Ontario Trial Lawyers Association between 2015 through 2018
  • Personal Injury Advisory Board for Practical Law Canada (a Carswell/Thomson, Reuters service)
  • Past Co-Chair of the Brain Injury Awareness Month Planning Committee, a committee of the Brain Injury Society of Toronto
  • Recipient of the 2011 Dean Edgell Award, presented by the Ontario Trial Lawyers Association
  • Member of the Ontario Trial Lawyers Association
  • Member of the Advocates’ Society
  • Member of the Canadian Bar Association
  • Member of the Ontario Bar Association
  • Member of the American Association for Justice
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)
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  • Class Action Against Belleville Orthodontist, Dr. Garry Solomon

    We are pleased to announce that pursuant to the Order of Justice Mew, the settlement of this class action was approved on May 8, 2020. Read more here.

  • Goyal v. Niagara College

    In this class action, allegations were made against Niagara College for allegedly misleading potential students about the merits of one of their programs. A settlement of this class action was approved on February 6, 2020 by The Honourable Justice Perell’s Reasons for Decision – Goyal v. Niagara College of Applied Arts and Technology can be found here.

  • Alamgir Patel, Mohammed Patel v. Coseco Insurance Company

    In this Licence Appeal Tribunal Arbitration decision, the Arbitrator concluded that an unemployed mother who was qualified as a Personal Support Work is a professional care provider that should be paid by the accident benefit insurer for caring for her catastrophically injured child.

  • Quadriplegic Motor Vehicle Accident Trial (Spring, 2011)

    In the spring of 2011, Craig Brown, Darcy Merkur and Stacey Stevens were trial counsel to a motor vehicle accident victim who had lost control of his motor vehicle within days of his vehicle passing a safety inspection. The plaintiff was catastrophically impaired in the accident and was receiving catastrophic accident benefits from his accident benefit insurer. The claim was for in excess of $15 million. Three weeks into this jury trial, in the Ontario Superior Court of Justice, a resolution was reached between the parties. The details of the resolution are confidential. With permission of the plaintiff, you can review a copy of the plaintiff’s opening statement at the link below (to product privacy, all names have been redacted).

    View PDF of Opening Statement

  • Resolution of Sexual Abuse Claims at North York General Hospital

    Resolved claims by 26 victims alleging sexual abuse by Dr. George Doodnaught while at North York General Hospital. See Toronto Star article dated March 24, 2011, and Press Release dated March 8, 2011.

  • Class Action Against the Directors of Farm Mutual Financial Services Inc.

    A Certification and Settlement Approval motion with respect to a class action against the directors of a bankrupt investment company that were alleged to have breached their duty to the customers of that company. The $21.25 million settlement was approved. For details see: the reasons of Justice Perell..

  • Allegations of Sexual Assault By Dr. George Doodnaught at North York General Hospital

    Thomson Rogers is pleased to announce, on behalf of its clients, that an agreement has been reached with North York General Hospital to establish an Alternate Dispute Resolution (ADR) Process that will allow qualifying claimants to come forward and receive compensation in a fair and efficient manner.

  • Banerjee v. Shire Biochem Inc. et al.

    In this class action lawsuit, Craig Brown and Darcy Merkur were successful in having a class action certified on behalf of users of a Parkinson’s Disease drug that claim they suffered compulsive behaviour, such as compulsive gambling, as a result of using the drug.

  • Resch v. Canadian Tire

    After achieving an extremely successful jury verdict of $3.5 million on behalf of an accident victim, Craig Brown and Darcy Merkur, the lawyers for the accident victim, were acknowledged by the Judge as having done a marvelous job advocating on behalf of the injured victim and his family. The Judge awarded Craig Brown and Darcy Merkur a very rare $100,000.00 costs premium for having achieved an outstanding result. An appeal by the defendants to the Ontario Court of Appeal was later marked as abandoned.

  • Haddad v. Kaitlin Group Ltd.

    In this Motion for Certification, Alan Farrer and Darcy Merkur persuaded the Court that the circumstances of this misrepresentation claim warranted resolution by way of a class action. In this case, home purchasers claim damages from a developer of a Subdivision for allegedly making mispresentations about the nature of the Subdivision in its Marketing Materials. The case will now proceed as a class proceeding under the Ontario Class Proceedings Act.

  • Baxter v. Canada

    Thomson Rogers was the first to issue a national class action on behalf of all Aboriginal Residential School survivors throughout Canada. Lawyers Craig Brown, Alan Farrer and Darcy Merkur were involved in every step of the class action including in the negotiations that lead to the largest class action settlement in Canadian history! The settlement, valued at in excess of $4 billion, was approved by the Ontario Superior Court of Justice and the Affidavit of Darcy Merkur was cited extensively in the Court’s approval of this monumental settlement.

  • Webb v. Weiglein

    Leonard Kunka and Darcy Merkur helped a victim of a tummy tuck gone wrong receive compensation for her pain and suffering.

  • Britton v. O’Callaghan

    Darcy Merkur successfully argued before the Ontario Court of Appeal that the more favourable Ohio substantive law applied to a car accident victim injured while a passenger in an Ontario motor vehicle being driven in Ohio.

  • Chisholm v. Liberty Mutual Gr

    Darcy Merkur appeared before the Ontario Court of Appeal regarding the issue of a drive-by shooting victim’s entitlement to statutory accident benefits under the Ontario Statutory Accident Benefits Schedule (SABS).

  • McIntyre v. Ontario Ministry of Community and Social Services

    Darcy Merkur appeared before the Ontario Court of Appeal regarding the issue of whether personal injury damages can be seized to pay an outstanding restitution order.

  • Abick v. Continental Insurance Co. of Canada

    Craig Brown and Darcy Merkur successfully argued for disclosure of opinions given by a personal injury lawyer hired by the insurance company in a car accident case on behalf of both the insurance company and its insured.

  • TDL Group Limited v. Niagara

    Roger Beaman and Darcy Merkur persuaded the Ontario Court of Appeal that a municipality had the right to install a median on the roadway in front of an entrance to a popular Tim Horton’s.

  • Upcoming Thomson Rogers Webinar Series – Handling Difficult Clients

    Thomson Rogers personal injury lawyers Darcy Merkur and Ava Williams will be discussing “Handling Difficult Clients” in our upcoming Thomson Rogers Webinar Thursday, September 30, 2021 at 11:00 am. In this session, the following will be discussed: Clients resisting treatment/care Clients misreporting Clients and self-harm To register please click here. To view all previous Thomson … Continued
  • Responding To Clients – Best Practices For Trauma Lawyers

    Accident victims notoriously complain that they can’t get a hold of their personal injury lawyer. Should that be the case? Should it be so hard for a client to get a response from the trauma lawyers they hired to assist them in their time of need? Trauma lawyers help people whose lives have been devastated … Continued
  • Darcy Merkur Featured In BNN Bloomberg “Renting Out Backyard Swimming Pools Can Be Lucrative, But Experts Warn Of Risks”

    On August 19, 2021 Thomson Rogers personal injury trauma lawyer Darcy Merkur discussed renting out backyard swimming pools in an article titled “Renting out backyard swimming pools can be lucrative, but experts warn of risks” in BNN Bloomberg. “If I was consulted by someone who was injured at a swimming pool, I would sue the … Continued
  • What To Do When A Loved One Is Taken By Ambulance To A Trauma Centre After An Accident

    There is nothing more frightening than receiving a call from the police advising you that a loved one has been taken to the hospital by ambulance with serious injuries after a car accident or slip and fall. All sorts of thoughts will go through your head and there are many things that need to be … Continued
  • Darcy Merkur Featured In Law Times “Local vs. Big City Debate Moot Due To Increased Virtual Options”

    Darcy Merkur in Law Times | May 13, 2021

    On May 13, 2021 Thomson Rogers trauma lawyer Darcy Merkur said the ship has sailed for firms claiming local offices for Google rankings in an article titled “Local vs. big city debate moot due to increased virtual options” in Law Times. “We’ve been around for 85 years and we’ve been helping people throughout Ontario for … Continued
  • 6 Tips For Finding A Qualified Trauma Lawyer

    There are dozens of law firms in Ontario that actively promote themselves as exceptional personal injury law firms willing and able to effectively help those that have been injured, but not all personal injury lawyers are created equal. The search for the best personal injury lawyer for you is an important endeavour. Rather than listening … Continued
  • Approved Services Received Pursuant To Approved Treatment And Assessments Plans Should Always Be Paid By Accident Benefit Insurers

    Ontario car accident victims are entitled to reasonable and necessary treatment paid for by their accident benefit insurer, albeit subject to various limitations set out in the legislation. To ensure that the accident benefit insurer is legally bound to pay for required treatment, healthcare providers must submit treatment and assessment plans (called OCF-18s) to the … Continued
  • Motorcycle Personal Injury Claims

    Motorcycle enthusiasts understand how motorcycle accidents can easily lead to very serious injuries. To be blunt, injuries sustained by motorcyclists are often the most horrific injuries with fatality being too common of an occurrence. A motorcyclist hit by a vehicle doesn’t have the same physical protection, like multiple airbags and seatbelts, that passengers in a … Continued
  • The Need for Corroboration In A Hit And Run

    If you are a pedestrian injured by a vehicle that fled the scene before it was identified, then you may find yourself in a difficult situation. In a purported effort to reduce fraud by persons alleging they were injured in a hit and run accident in order to access insurance compensation, the Ontario government passed … Continued
  • How Car Accident Victims Can Access Treatment After Exhausting Their Accident Benefits

    Motorists who are seriously injured in a car accident in Ontario regularly find themselves in the precarious and uncomfortable position of having exhausted the full amount of medical/ rehabilitation and attendant care benefits available from their accident benefit insurer yet still being in dire need of extensive ongoing treatment and care. A number of unfortunate … Continued
  • Virtually Representing Personal Injury Clients In Ontario During COVID-19

    We have all seen advertisements by personal injury law firms boasting about having offices in multiple cities throughout Ontario. Often these ‘offices’ are properly footnoted to be ‘satellite offices’ or something that explains to the astute fine print reader that it is really nothing more than a sign on a tiny office that is occasionally … Continued
  • Five Tips For Finding The Right Accident Benefit Healthcare Provider

    The no-fault accident benefit system in Ontario allows all those injured to choose providers to assist them with required treatment at an insurer’s expense, albeit subject to certain limitations and in keeping with the legislation. Finding the right healthcare provider to assist you can be challenging. Here are five tips for finding the right accident … Continued
  • Holding Dangerous Drivers Accountable

    As a trauma lawyer helping seriously injured motorists and pedestrians, I frequently assist persons badly injured (or families of someone killed) as a result of blatantly offensive dangerous driving by an irresponsible motorist. Often the dangerous driving was a result of someone driving ‘under the influence’ of drugs or alcohol. These days, many avoidable accidents … Continued
  • Seven Tips For Preparing Treatment And Assessment Plans

    The no-fault Ontario accident benefit system is complex. To access treatment, accident victims must have healthcare providers submit treatment and assessment plans (OCF-18s) to insurance companies for pre-approval in most circumstances. Because pre-approval from the insurer is required, it is imperative that these treatment and assessment plans are approved. Here are seven tips for preparing … Continued
  • Four Tips For Securing Adequate Car Insurance Protection

    We all want to avoid being severely injured in a car accident. Unfortunately, serious car accidents happen quite frequently in Ontario and adequate car insurance protection is critical in such circumstances. While car insurance is mandatory in Ontario, there are important decisions to be made when purchasing automobile insurance that will help provide better protection … Continued
  • What To Do If You Were Injured In A Fall

    Everyone has experienced a fall. Sometimes it is caused by icy conditions and sometimes it is caused by unlevel surfaces. Other times it is totally your own fault. If you have fallen and have been badly injured, there are a number of things that you should do right away to protect your rights. Below are … Continued
  • Thomson Rogers Webinar Series – Navigating Ethical Issues Facing Healthcare Providers

    Thomson Rogers Webinar Series: Navigating Ethical Issues Facing Healthcare Providers Thank you to everyone who attended our Thomson Rogers Webinar Series “Navigating Ethical Issues Facing Healthcare Providers” held November 27, 2020 conducted by Thomson Rogers’ personal injury lawyers Darcy Merkur, Stephen Birman and Ava Williams. Webinar Highlights: Client Dissatisfaction – Issues & Ethics Provider Account … Continued
  • Thomson Rogers Webinar Series – Navigating Ethical Issues Facing Healthcare Providers

    Thomson Rogers lawyers Darcy Merkur, Stephen Birman and Ava Williams will be discussing “Navigating Ethical Issues Facing Healthcare Providers” in our Thomson Rogers Webinar Series on Friday, November 27 at 10:00 am. The webinar will center around a discussion on various topics commonly faced by healthcare providers including: The logistics of protected accounts and how … Continued
  • Darcy Merkur Featured In CBC Article About Deadly Yonge St. Van Attack

    Darcy Merkur in CBC | by Trevor Dunn | Nov. 10, 2020

    Thomson Rogers trauma lawyer Darcy Merkur is quoted in a CBC article by Trevor Dunn titled “I want him to see the pain’: Virtual trial for accused Toronto van attacker means no day in court for victims.” Merkur discusses the trial of Alek Minassian, accused in the deadly Yonge St. van attack, and says, “I … Continued
  • Motor Vehicle Accident Fatalities: What Rights Do Family Members Have?

    There have been a concerning number of motor vehicle fatalities in Ontario recently. The number of pedestrians and motorists who have been killed in motor vehicle accidents in Ontario has increased gradually over the years. In 2019, 543 persons (drivers, passengers and pedestrians) were tragically killed in a motor vehicle accident in Ontario. Family members … Continued
    • Legal Rights of Family Members

      Presented at Holland Bloorview Kids Rehabilitation Hospital | Training for Professionals in BIFI & BIFI-A Workshops | April 4, 2019

      On April 4, 2019, Thomson Rogers’ personal injury lawyer Darcy Merkur presented at the Training for Professionals in Brain Injury Family Intervention for Adults and Adolescents (BIFI & BIFI-A) Workshops hosted by Holland Bloorview Kids Rehabilitation Hospital. His presentation on Legal Rights of Family Members focussed on the following: Tort Rights Accident Benefit Entitlement Complicating Factors View his presentation … Continued
    • Personal injury advertising geared for change

      Law Times | by Michael McKiernan, Darcy Merkur quoted | June 13, 2016

      Darcy Merkur wants to inject a new word into the public lexicon when it comes to personal injury law boutiques: “classy.” His firm, Thomson Rogers, teamed up with fellow industry heavyweights Oatley Vigmond Personal Injury Lawyers LLP and McLeish Orlando LLP to form the Personal Injury Alliance four years ago, introducing themselves with a series … Continued
    • Major Accident Benefits Changes Come into Effect on June 1st, 2016

      Accident Benefits Summary Charts (for accident on or after June 1, 2016)

      To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued
    • No-Fault Accident Benefits Coverage? No Thanks

      Toronto Sun | by Darcy Merkur | March 5, 2016

      Ontario drivers are legally required to purchase automobile insurance that includes overpriced, no-fault accident benefits coverage. If you look at your automobile insurance invoice, you will see that some 25% (or roughly $350) of your annual automobile insurance premiums are specified to be in relation to your mandatory purchase of these no-fault accident benefits. With … Continued
    • Attempt to apply legislation retrospectively fails

      The Lawyers Weekly | February 5, 2016

      Recent amendment to SABS being used as “old rules-new rules’ bargaining chip. Yet again the insurance industry has been thwarted in its attempt to retrospectively apply insurer friendly legislative changes to ongoing claims. The issue of the retrospective application of legislative changes was again before the court in the context of automobile insurance rights in … Continued
    • Statutory Deductible Confusion

      ABR Updater | January 2016

      The risk analysis associated with the resolution of ongoing motor vehicle tort claims in Ontario has been turned on its head following the surprising December 8th decision by Justice Martin James of the Ontario Superior Court of Justice in Vickers v. Palacious, 2015 ONSC 7647 (Ont. S.C.). Since October 1, 2003, Ontario has had in … Continued
    • Panelist at the Ontario Trial Lawyers Association

      New Lawyers Division Conference | September 25, 2015

      On the topic: “Quarterbacking the Case: How to Shape the Insurer’s and Client’s Perceptions of the Case’s Value”.

    • The Tort Case: Thinking Strategically from Start to Finish

      OTLA - New Lawyers Division Conference| September 25, 2015

      For more details about the conference, please click on the New Lawyers Division Conference Agenda.

    • The Coming Changes to Ontario Auto Legislation: Accident Benefits & Tort

      PIA Law Back to School Conference "A Brave New World" | September 10, 2015

      At this year’s conference, hosted by the Personal Injury Alliance (PIA Law) and Toronto ABI Network, personal injury lawyers Darcy Merkur and Ryan Murray provided an overview of the upcoming changes to Ontario auto legislation with specific emphasis on Accident Benefits and Tort. A few of the changes addressed in their presentation were: Major reductions … Continued
    • Changes to Ontario Auto Legislation: Accident Benefits & Tort

      Canadian Insurance Claims Managers Association's General Meeting | September 2, 2015

      Darcy Merkur provides an overview of the upcoming changes to Ontario auto legislation with a specific emphasis on Accident Benefits and Tort.

      Read the paper: The Coming Changes to Ontario Auto Legislation: Accident Benefits & Tort

    • One-on-One with Darcy Merkur

      Excerpt from Practical Law Canada The Magazine | June 1, 2015

      Darcy Merkur has combined his passion for business and the law to build a reputation as one of the most innovative personal injury lawyers in the country. Numerous lawyers already rely on his Ontario Personal Injury Damages Calculator software to ballpark the value of client claims, and many more will soon reap the benefits of … Continued
    • Bad News for Crash Victims

      Toronto Sun | written by Alan Shanoff, quoting Darcy Merkur | May 30, 2015

      Last month’s Ontario budget continued the erosion of accident benefits for victims in motor vehicle accidents. The reductions are most significant for those suffering from catastrophic injuries. Since 1996, these victims were entitled to reasonable and necessary medical and rehabilitation services up to $1 million, in addition to up to $1 million in attendant care … Continued
    • Personal Injury Law: Insurance changes a catastrophic ambush

      LawTimes.com | May 4, 2015

      As part of the provincial budget announced on April 23, the Ontario government has decided to first throw seriously injured accident victims off the bus and then deprive them of the ability to make a good recovery. The announcement comes as a total blindside to interested stakeholders. Historically, whenever the Ontario government was considering major … Continued
    • Personal Injury Law: Westerhof a welcome decision that will reduce litigation costs

      LawTimesNews.com | May 30, 2015

      While litigation experts hired by a party to a lawsuit must comply with the comprehensive expert report rules set out in Rule 53.03 of the Ontario Rules of Civil Procedure, participant experts such as treating health practitioners and non-party experts such as those hired by a non-party insurer don’t need to comply with the rule … Continued
    • Personal Injury Law: New ruling establishes that any financial outlay is an economic loss

      LawTimes.com | March 23, 2015

      A recent Financial Services Commission of Ontario arbitration decision has confirmed that any financial outlay by a service provider can qualify as an economic loss within the meaning of the definition of “incurred” in subsection 3(7)(e) of the Ontario statutory accident benefits schedule.
    • Using Technology and Demonstrative Aids at Trial

      Canadian Bar Association's "Skilled Lawyers Series V" | February 19, 2015

      The following is an overview of what Darcy covers in his presentation: The importance of using technology and demonstrative aids at trial Using technology and demonstrative aids effectively Using technology and demonstrative aids in the courtroom (with a focus on opening statements and examination-in-chief) View PowerPoint Presentation: Using Technology and Demonstrative Aids at Trial (with a … Continued
    • Personal Injury Law: Getahun provided crucial clarity on consultations between experts, counsel

      LawTimesNews.com

      LawTimesNews.com | February 2, 2015 – There’s absolutely nothing improper with counsel’s practice of reviewing draft expert reports, according to the Ontario Court of Appeal in its hotly anticipated decision in Moore v. Getahun.

      See the full article here.

    • Attendant Services and Public Policy

      Outspoken Magazine | by Peter Athanasopoulos | December 2014 - Interview with Darcy Merkur

      See the full article here.

    • LawPRO ordered to indemnify Heydary’s victims

      LawTimes.com | by Yamri Taddese (quoting Darcy Merkur) | November 17, 2014

      A year after lawyer Javad Heydary disappeared amid client claims for $3.6 million in missing trust money, a Superior Court judge has ordered LawPRO to indemnify them. (more…)

    • Using Demonstrative Evidence to Get the Most Out of Expert Evidence

      Law Society of Ontario Conference "Expert Evidence for Litigators" | November 7, 2014