Practice Highlights

Clients with catastrophic injuries can count on a sympathetic, but objective, appraisal when they meet David Neill, one of Canada’s most experienced personal injury litigators. David has a distinctive background, having defended insurance companies during the first 15 years of his practice. Now, he works almost exclusively to help the injured, mostly motor vehicle accident victims, secure compensation for their pain and suffering.

“Most of my clients can never recover all that they have lost, but I feel great personal satisfaction in helping them get a financial settlement that will make their lives somewhat easier,” says David, who has been with Thomson, Rogers since 1974.

“I am prepared to take on cases that have high risk,” adds David, “but I would rather refuse a case that has no hope than put a client through the further ordeal of an unsuccessful lawsuit. But if there is merit in the case, I’m inclined to take the risk.”

Among David’s specialties are cases involving traumatic brain injuries and spinal cord injuries.

David takes pride in helping people who really need it, especially since access to the justice system is so difficult for so many people.

David’s years defending insurers makes him a more effective litigator. “I know what makes a successful claim,” he says. As well, David hasn’t “burned any bridges” with the insurers he once helped, a factor that can help facilitate a successful negotiated settlement.

David has the honour of having been selected by his peers for inclusion in The Best Lawyers in Canada® in the field of Personal Injury Litigation, and in the Canadian Legal Lexpert® Directory  as a repeatedly recommended leading lawyer in Personal Injury litigation representing Plaintiffs .

LexisNexis Martindale-Hubbell has provided a special status to David R. Neill as an AV Preeminent® Rated Lawyer. The AV Peer Review RatingTM identifies lawyers with the highest rated legal ability and ethical standards, which is a reflection of his expertise, experience, integrity, and overall professional excellence.

Practice Areas:

  • Personal Injury
  • Medical Malpractice
  • Product Liability
  • Insurance Policy Interpretation and Coverage Opinions

Education

  • Bachelor of Arts, University of Guelph (1969)
  • Bachelor of Laws, Osgoode Hall Law School (1972)
  • ADR Workshop, University of Windsor Faculty of Law/Stitt Feld Handy Houston ADR Ltd. (2000)

Professional Accreditations and Affiliations

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  • Barber v. Humber River Regional Hospital

    Mark Barber died on February 17, 2006, at Humber River Regional Hospital in Toronto from pneumococcal bacterial meningitis. He was 46 years of age. The respondents, his surviving wife and two daughters, sued two emergency room physicians, the appellant Dr. Virat Joshi, and Dr. David John Shergold, in negligence, alleging that Mr. Barber’s death resulted from their failure to properly investigate, diagnose and treat his meningitis.

    Barber v. Humber River Regional Hospital, 2015 ONSC 1838 – Reasons for Decision

    Barber v. Humber River Regional Hospital, 2016 ONSC 897 – Responding to Dr. Joshi’s appeal to the original judgement of Justice Mary A. Sanderson of the Superior Court of Justice, dated July 7, 2015.

  • Best Lawyers in Canada 2018

    Posted August 22, 2017

    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 17 lawyers from Thomson, Rogers were selected for inclusion in 12th Edition of The … Continued
  • 2017 Canadian Legal Lexpert® Directory Rankings

    We are proud to announce that 14 of Thomson, Rogers’ lawyers have earned the distinction of being listed in the 2017 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: DAVID NEILL – listed as  Repeatedly Recommended in Plaintiff Personal Injury Litigation PATRICK SCHMIDT – listed as Consistently … Continued
  • Hospital doctor’s negligence upheld after fatal meningitis missed, court rules

    CTV News Toronto | by Colin Perkel, The Canadian Press | November 28, 2016

    TORONTO — A hospital doctor who failed to detect meningitis in a patient who died from the infection was professionally negligent, Ontario’s top court affirmed Monday. In upholding a negligence finding against Dr. Virat Joshi, the Ontario Court of Appeal said the evidence clearly showed Mark Barber was displaying symptoms the doctor should have noticed and investigated. … Continued
  • Best Lawyers in Canada 2017

    August 10, 2016

    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 11th Edition of The Best … 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 10th Edition of The … 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
  • Operation Christmas Child 2013

    Posted December 2, 2013

    Thomson, Rogers is happy to support Samaritan’s Purse Canada with its Operation Christmas Child shoe box collection.

    Each shoe box is filled with hygiene items, school supplies and toys and is given to children in need regardless of gender, race, religion or age.

    christmas-child-2013-sm

  • 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
  • The Continuing Interpretation of SABS

    Accident Benefit Reporter, Volume 14, Issue 2

  • Developing Best Practices for Dealing with Experts

    In-House CLE Seminar

  • Injurious Falls on Stairways: A Major Public Health Problem Deserving a New Approach by Lawyers

    at the Ontario Trial Lawyers Association's "2010 Fall Conference"

  • Surviving the Post-DAC World

    Brain Injury Association of Quinte District

  • Litigating Personal Injury Damages

    Panel member at the Canadian Institute's "What is the Injury Worth" Seminar | February 23 - 24, 2006

  • Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients

    Hamilton General Hospital

  • Current Developments in Material

    Presented at the Canadian Institute's "Misrepresentation Insurance Litigation" Seminar | June 22, 2005

  • Cross Canada Update on Damage Awards

    Presented at the Canadian Institute's "Insurance Litigation" Seminar | June 16, 2003

  • Adapting to the Changes in the Acute Care Setting

    presented at Hamilton Health Sciences Centre

  • Innovative, Tactical and Practical Discovery Strategies to Make the Case for Punitive Damages

    Panelis at the Canadian Institute's "Litigating Damages" Seminar | September 19-20, 2002

  • Sidewalks, Pools, Arenas and Other Public Facilities: Trends, Developments and Strategies for Minimizing Exposure

    Presented at the Eight Annual Provincial/Municipal Government Liability Seminar | February 21-22, 2002

  • Coping with Bill 59

    presented at St. John's Hospital

  • Police Department Liability – What Municipalities Need to Know

    Presented at the Canadian Institute's Seventh Annual Provincial/Municipal Government Liability Seminar | 2001

  • Policing in Ontario – Strategy for the New Millennium

    Panelist at the Sixth Annual Provincial/Municipal Government Liability Seminar | February 21-22, 2000

  • New Issues for Police Force Exposure

    Presented at the Canadian Institute's Fifth Annual Provincial/Municipal Government Liability Seminar | February 25-26, 1999

    A joint presentation by David Neill and Jordan Solway.