Practice Highlights

Proud to be one of just 14 plaintiff’s personal injury lawyers in Ontario (i.e. members of the Ontario Trial Lawyers Association) recognized as an expert in personal injury litigation in every available peer reviewed publication – in Lexpert®, The Best Lawyers in Canada®, as a Certified Specialist in Civil Litigation (by the Law Society of Upper Canada) and as a partner at a Top 10 Personal Injury Law Firm in Canada (according to Canadian Lawyer Magazine).

Personal Injury:
In addition to being certified by the Law Society of Upper Canada as a specialist in Civil Litigation, Darcy has again been recognized by his peers in both the Canadian Legal Lexpert® Directory 2015 as a consistently recommended leading lawyer in Personal Injury representing Plaintiffs and in Best Lawyers in Canada® 2016 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 recently acknowledged in a Toronto Sun article on auto insurance where Darcy was referred to as “one of the province’s leading personal injury lawyers”.

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, 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”. A short demonstration of the Personal Injury Damages Calculator is available here. 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 passionately supports the rights of accident victims. Through his involvement with the Brain Injury Society of Toronto and, in particular, the Brain Injury Awareness Month planning committee, he tries 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)
  • 2016 LEXPERT Ranked Lawyer
  • 2016 Listed in Best Lawyers Canada
  • 2016 Martindale-Hubbell Ranked Lawyer
  • Board of Directors for the Ontario Trial Lawyers Association
  • 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 American Association for Justice
  • Member of the Canadian Bar Association
  • Member of the Ontario Bar Association

Additional Information

 

*Darcy Merkur Law Professional Corporation

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  • 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.

  • Liberals abandon mandate of protecting motorists

    Toronto Sun | by Darcy Merkur | May 31, 2016

    Ontario drivers thinking they have enough automobile insurance coverage to protect them against a major accident are sadly mistaken in light of the government’s automobile insurance changes, which kick in June 1. Mandatory automobile insurance coverage was designed to protect you in two ways: • By covering your expenses if you were badly hurt in … Continued
  • Jurors deciding claims in motor vehicle accident cases need key information

    Toronto Sun | by Alan Shanoff, quoting Darcy Merkur | May 21, 2016

    I recently posed the question of why some juries grant low damage awards in motor vehicle personal injury lawsuits. I hypothesized this may be due to the barrage of insurance industry advertising and lobbying concerning insurance fraud, as well as the use of partisan expert witnesses by the defence. But Jack Fireman, a personal injury … Continued
  • Doctor Pierre Dupont and College of Chiropodists being sued for $15M

    CBC News | by Rosa Marchitelli, Darcy Merkur quoted | May 6, 2016

    A former patient of a controversial Ottawa foot doctor has filed a class-action claim against him, his business, and the College of Chiropodists of Ontario, after Pierre Dupont allegedly implanted unapproved stents into patients’ feet. About a dozen other former patients will be asking the court to certify the claim. The lawsuit, which was filed … 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
  • BIST 5K Run, Walk & Roll 2015

    Posted October 4, 2015

    On Saturday, October 3, 2015, Thomson, Rogers lawyers and staff proudly lent their support at the BIST 5K Run, Walk & Run event. The annual run is organized by the Brain Injury Society of Toronto (BIST). This year’s run was held in honor of the heroes of brain injury including survivors, family members, caregivers, health care and … Continued
  • Drew Hasselback: Your ad here . . . or not

    National Post | by Drew Hasselback, quoting Darcy Merkur | September 2, 2015

    Lawyers in Ontario are debating whether to tighten up the rules that govern how they can advertise their services to the public. The debate emerges out of a package of amendments the country’s largest legal profession regulator, the Law Society of Upper Canada, has proposed to its rulebook. LSUC is not proposing a change to … Continued
  • New regulation means disaster for injured drivers

    LawTimesNews. com | by Darcy Merkur | August 31, 2015

    On August 27, the Ontario government reduced accident benefits purportedly as a way to cut automobile insurance premiums. While the changes and reductions will surely serve to fatten up an already-fat insurance industry, they’ll also cause further financial distress and hardship for accident victims. The legislation, set out in Ontario Regulation 251/15, will reduce total … Continued
  • Best Lawyers in Canada 2016

    August 24, 2015

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 14 lawyers from Thomson, Rogers were selected for inclusion in The Best Lawyers in … Continued
  • International students take legal action against Niagara College for $50M

    Toronto Star | by Diana Hall | August 17, 2015

    Former international students at Niagara College are launching a class-action lawsuit against the school and seeking more than $50 million in damages after a mostly online program left some foreign students ineligible to work in Canada after graduation. Anish Goyal and Chintan Zankat are taking legal action on behalf of a host of affected classmates … Continued
  • Legal advertising under the microscope

    LawTimesNews.com | by Tali Folkins, quoting Darcy Merkur | July 13, 2015

    Darcy Merkur has had enough. Whether it’s misleading information about the amount of experience a law firm has on display with apparent pride on the side of a bus or phallic innuendo suggestive of big settlements strategically placed above men’s urinals at the Air Canada Centre, legal advertising in Ontario, in his view, has gotten … Continued
  • 2015 Canadian Legal Lexpert® Directory Rankings

    We are proud to have 14 of our lawyers selected as leading practitioners in their field.

    Each year Canadian Legal Lexpert® Directory sends out a survey to all lawyers across the country asking who they would recommend as leaders in their respective field. Thomson, Rogers is proud to announce that 14 of our lawyers have been selected as Leading Practitioners for 2015. Congratulations to: Roger T. Beaman – Repeatedly Recommended in Property Development … Continued
  • Darcy Merkur elected to OTLA’s Board of Directors

    May 21, 2015

    Thomson, Rogers is proud to congratulate partner Darcy Merkur on being elected to a three year term on the Ontario Trial Lawyers Association’s Board of Directors. Darcy handles a multitude of complex, serious personal injury cases on behalf of accident victims and their families. In addition to being certified by the Law Society of Upper … Continued
  • PIA Law Webinar: Auto Insurance for Health Care Professionals

    April 18, 2015

    PIA Law hosted an open forum to provide practical strategies to assist health care professionals in meeting the needs of their clients, getting paid, and dealing with the term “incurred”.

  • Personal Injury Law: Westerhof a welcome decision that will reduce litigation costs

    LawTimesNews.com | March 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

    LawTimesNews.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. In the arbitration decision of Futrell v. State Farm Mutual Automobile Insurance … Continued
  • The downside of judge’s ruling on reviewing draft expert reports

    While a judge had commendable goals in declaring an end to lawyers’ practice of reviewing draft expert reports, her recent Superior Court decision may have the unwelcome consequence of affecting who counsel retain as experts. According to Justice Janet Wilson’s conclusions in Moore v. Getahun on Jan. 14, counsel’s practice of reviewing draft expert reports … Continued
  • Personal Injury Law: Service via Facebook should become the norm

    Canadian Courts are beginning to accept service via Facebook. Recently, my colleague was able to persuade Justice Susan Healey of the Ontario Superior Court of Justice that substituted service of a statement of claim on a defendant via Facebook was appropriate (see the unreported decision of Juzytsch v. Terlecki from the court in Barrie, Ont.). … Continued
  • Best Practices for Hospital Social Workers & Transitional Care Coordinators Re: Safe & Effective Discharge Planning

    November 5, 2013

    This panel’s presentation looks at the challenges associated with effective discharge planning and suggests some best practices to help address some of those challenges. Moderator: Darcy R. Merkur, Thomson, Rogers Panel: Ingrid Kuran, St. Michael’s Hospital Zia Poonjiaji, St. Michael’s Hospital Jessica Schroter, Toronto Rehab Michelle Diamond, Functionability Rehabilitation Services
  • Challenges with Opinions from Treatment Providers

    All treatment providers must now strictly comply with expert report rules before being able to provide opinion evidence at trial. While obtaining compliant expert reports from treating health practitioners seems like an easy task, it is not always so, especially when dealing with publically funded providers unaccustomed to writing medical-legal reports and uncomfortable charging fees … Continued
  • Up-To-Date Review of Statutory Accident Benefits Legislative Framework Presented by Darcy Merkur

    Posted September 12, 2013

    Presented at the Back to School Conference 2013. What ever happened to the expected changes to the definition of “catastrophic impairment”? Are changes coming? What will the changes be? What impacts will the changes have? How can we help prevent it? Related Resources: Up-to-Date Review of Statutory Accident Benefits Legislative Framework (re: the anticipated CAT definition changes)
    • 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 specific emphasis on Accident Benefits and Tort.

      Read 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 (with a focus on Opening Statements & Examination-in-Chief)

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

    • 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 Upper Canada Conference "Expert Evidence for Litigators" | November 7, 2014

    • Demonstrative Evidence and the Use of Technology in the Courtroom

      Personal Injury Alliance (PIA) Conference "Practical Strategies for Experts: The Shifting Landscape" | October 23, 2014