Practice Highlights

Deanna was raised in the world of personal injury litigation, but chose not to follow in the footsteps of her father, a senior insurance defence lawyer who practiced for 50 years. As someone with a compassionate heart, she wanted to fight for the rights of those who had been seriously injured and their families. Deanna became a trauma lawyer and has dedicated her practice to helping victims of all ages, across all parts of Ontario from Timmins to Windsor, Orangeville to Ottawa. She takes on cases involving car accidents, slip/trip and falls, medical malpractice, and assaults, amongst others.

Deanna’s approach to client management is to keep clients educated and informed about their files, to take the stress out of litigation so clients can focus on their rehabilitation and recovery, and to provide objective, professional legal advice.

Her approach to the litigation is to know the facts, issues, and law better than anyone else on the file, so that she can make persuasive and sound arguments. Deanna has a solid reputation amongst her peers, earning the highest peer rating of AV Preeminent® in Martindale-Hubbell® for her legal expertise, communication skills, and ethical standards. She has been Certified as a Specialist in Civil Litigation by the Law Society of Ontario. Deanna understands that many people do not want to go to trial, but that sometimes it is necessary to do so to obtain fair compensation. Deanna has extensive and successful mediation, in-court, tribunal, and trial experience. Her advocacy has resulted in a number of precedent-setting and reported judicial and arbitral decisions. Deanna is ranked as “repeatedly recommended” in the Canadian Legal Lexpert® Directory and is listed in The Best Lawyers in Canada publication.

As a contributing member to the legal community, Deanna has authored many papers on personal injury litigation, is often invited as a guest speaker at medical-legal conferences, and is regularly contacted by legal news publications for her insight into “hot topics”. Deanna is the Contributing Editor of the Ontario Accident Benefits Case Summaries and a Contributor to the Personal Injury Module both published by LexisNexis Canada Inc. Deanna has also enjoyed volunteering for Holland Bloorview Kids Rehabilitation Hospital, the Brain Injury Society of Toronto, the Toronto Lawyers Feed the Hungry Program, and other causes close to her heart.

In her spare time, Deanna enjoys cooking, dancing, and Muay Thai (but do not expect to see her in a UFC octagon anytime soon).


  • Bachelor of Arts (Honours), Huron University College (2004)
  • Bachelor of Laws, Osgoode Hall Law School (2007)

Professional Accreditations and Affiliations

  • Certified Specialist (Civil Litigation)
  • LEXPERT® Ranked Lawyer
  • Martindale-Hubbell® Ranked Lawyer, AV Preeminent®
  • Listed in The Best Lawyers™ in Canada since 2018
  • The Advocates’ Society
  • Ontario Trial Lawyers Association
  • Ontario Bar Association
  • Canadian Bar Association
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  • Van de Ven v. Wright

    Thomson Rogers successfully brought a motion to strike the jury in an eight year old motor vehicle case, due to pandemic-related delays and prejudice.

    Read the endorsement here.

  • Pereira v. Ecker

    Thomson Rogers, on behalf of the Plaintiff, brought a motion to compel a Defendant’s compliance with a previous Court Order, since after months of inquiries from Thomson Rogers, the Defendant had refused to provide any meaningful update on his efforts to comply. That update and (partial) compliance with the Order was only provided after Thomson Rogers filed its motion. The Judge concluded that the Plaintiff had acted reasonably in bringing the motion and the Defendant, in refusing to co-operate prior to the motion, had not. The Defendant’s pugilistic approach was condemned by the Court by means of an Order for costs to the Plaintiff payable on a substantial indemnity basis.

    Read the endorsement here.

  • Burns v. RBC Life Insurance Company

    In this case, Thomson Rogers represented the Plaintiff/Appellant, who was suing his insurer and its two adjuster employees regarding the insurer’s denial of the Plaintiff’s long-term disability benefits. On a motion brought before a Judge, the insurance adjusters successfully had the Statement of Claim against them struck on the basis that there was no cause of action against them, personally, since they had been carrying out their regular duties of employment. The Plaintiff appealed to the Ontario Court of Appeal and the appeal was granted; specifically, the motion Judge’s Order was varied to allow the Plaintiff leave to amend the Statement of Claim in order to plead the allegations against the adjusters with greater particularity.

    Read the decision from The Court of Appeal of Ontario here.

  • Pervan et al. v. Jackson et al.

    Some Defendants were bringing a motion to require the Plaintiffs (who resided outside of Ontario) to post security for costs (i.e. to pay money into court pending the outcome of the case in the event that the Plaintiffs were unsuccessful and may be responsible for paying all or part of the Defendants’ legal bill). Prior to that motion for security for costs, Thomson Rogers, on behalf of the Plaintiffs, brought a motion seeking to compel the Defendants to be examined for discovery (i.e. to answer questions under oath) before the hearing of the security for costs motion. Ms. Gilbert argued the motion on behalf of the Plaintiffs and was successful: the Defendants were ordered to be examined for discovery before the return date of the security for costs motion. The significance of this outcome is that the Plaintiffs should ultimately be in a better position to respond to the Defendants’ security for costs motion with the further information that they should be able to obtain at the Defendants’ discoveries.

    Pervan et al. v. Jackson et al. Proceedings

  • Ruddell v. Gore

    Following the settlement of his personal injury case and a Consent Judgment, the Plaintiff was forced to bring an action pursuant to section 258(1) of the Insurance Act to compel one of two insurers, Gore Mutual Insurance Company or Allstate Insurance Company of Canada, to pay the Judgment from the proceeds of its insurance policy.

    By way of background, the Plaintiff sustained serious injuries when the vehicle in which he was a passenger crashed. The driver and owner of the vehicle (“the Defendants”) were insured by Gore. Gore took the position that the Defendants had failed to co-operate in their Defence and had, therefore, breached a term of their policy. If true, Gore would have been permitted to reduce its coverage from the $2 million policy limits to the statutory minimum in Ontario of $200,000 (which amount would not have been enough to satisfy the Plaintiff’s claims for damages). Since the Plaintiff had his own policy with Allstate with limits of $1 million, he added Allstate as a Defendant for underinsurance coverage. The parties ultimately settled the case in terms of the damages but the two insurers continued to fight over which insurer had to pay the damages.

    A separate action was brought to have a Judge decide whether Gore’s off-coverage position was meritorious. The Judge found that the owner of the vehicle had not breached her policy with Gore, such that Gore had to respond to the Plaintiff’s claims up to its full policy limits of $2 million and, therefore, pay the monies owed under the Judgment.

    Ruddell v. Gore, 2018 ONSC 3932 (2018-06-22) – Endorsement

  • Babcock v. Destefano

    Wawanesa sought to send the Plaintiff to four Defence medical examination; all or which requests were made after pre-trial. Notwithstanding Wawanesa’s breach of the Rules, the Plaintiff was agreeable to attending one but not four Defence medicals. Wawanesa insisted upon the Plaintiff attending all four and proceeded with a motion. The motion was dismissed but for the one assessment, the Plaintiff had always been willing to attend. Motion for leave to appeal was dismissed. Wawanesa was chastised by both the Superior Court and the Divisional Court for failing to comply with the Rules regarding the time for serving expert reports.

    Babcock v. Destefano, 2017 ONSC 276 (2017-01-13) – Reasons for Decision (Motion to Leave to Appeal)

    Babcock v. Destefano, 2016 ONSC 5698 (2016-09-14) – Costs Decision

    Babcock v. Destefano, 2016 ONSC 5352 (2016-08-24) – Citation

  • Thornhill v. Chong

    This was an action against Dr. John Chong in which it was alleged that his medical management of his patient, Janet Thornhill, was negligent.

    2016 ONSC 6353 (CanLII) – Judgment

    UPDATE (April 2, 2019):  The College of Physicians and Surgeons (CPSO) reviewed the care that Dr. Chong provided to Janet Thornhill over the course of over 10 years. On April 2, 2019, the CPSO released its written Decision, which considered the Trial Decision as well as the expert reports that were used at trial. In its April 2, 2019 Decision, the CPSO found that Dr. Chong breached the standard of care in his treatment of Janet’s cancer. The CPSO cautioned Dr. Chong about his charting practices, the poor quality of his assessments and his misplaced psychotherapeutic approach to Janet’s painful tumour. The College also noted that contrary to his claim of being an Occupational Medicine Specialist, Dr. Chong was not entitled to hold himself out as a specialist in Occupational Medicine, having not received that designation from the Royal College. As indicated in the Decision, Dr. Chong entered into an Agreement with the CPSO that will significantly restrict his practice and his stated qualifications. This CPSO Decision is yet another victory for Janet and a further public affirmation of the courage she has displayed. Thanks to Janet, Dr. Chong’s current and future patients will hopefully be better informed and will receive better care from this physician.

    The College of Physicians and Surgeons (CPSO) Decision

  • Willis v. Pentagram Inc. et al.

    This action involved a slip and fall that took place on November 1, 2007. The plaintiff was drinking heavily at several different bars and restaurants located on Danforth Avenue in the City of Toronto. The last of the establishments visited by Mr. Willis that night was operated by the defendant Pentagram Inc. It was at Pentagram that Wills fell while descending a staircase on his way to use the washroom.

    As a result of the fall, Mr. Wills suffered very serious injuries. Leaving him a quadriplegic living in an assisted living facility operated by the March of Dimes.

    View Reasons for Decision (Ontario Superior Court of Justice)

  • TD General Insurance Company v. Lynn Baughan 2012 ONSC 333

    This Application was about insurance coverage issues.  Ms. Baughan was seriously injured in a motor vehicle accident that took place in the United States Virgin Islands. The sole question that needed to be decided on the Application was whether the term “United States of America” ought to be interpreted to include the United States Virgin Islands for purposes of accident benefits and underinsurance coverage.

    View Reasons for Decision (Ontario Superior Court of Justice)

  • Aherne et al. v. Chang et al., 2012 ONSC 2689

  • Aherne v. Chang, 2011 ONSC 3846

  • Aherne v. Chang, 2011 ONSC 2067

  • H.T. v. Security National Insurance Co.

  • H.T. v. Security National Insurance Co. (Appeal)

  • Sparks v. Ontario, 2010 ONSC 4234

  • Civil Liability: When Can The Government Be Held Liable In Negligence For Personal Injury?

    There is a recognition in the law that governments need to have some freedom and flexibility to make public policy decisions; however, in some circumstances, those decisions can nevertheless attract civil liability. In the recent decision of Nelson (City) v. Marchi, 2021 SCC 41 (CanLII), the Supreme Court of Canada sought to clarify which governmental … Continued
  • Independent Medical Assessments: What Are They And How Can I Prepare?

    What is an independent medical assessment (“IME”)? If you have been injured and are advancing a tort and/or accident benefits claim, it is quite likely that at some point you will be asked to attend one or more IME’s. These assessments are also known as “medical-legal assessments” (when arranged by your own personal injury lawyer), … Continued
  • Deanna Gilbert Featured In Law Times “Exploring Common Discovery Refusals: What’s Proper, What’s Not?”

    Deanna Gilbert in Law Times | June 2, 2021

    On June 2, 2021 Thomson Rogers personal injury lawyer Deanna Gilbert discussed how understanding relevant case law means fewer disputes and less cost, delay in an article titled “Exploring common discovery refusals: What’s proper, what’s not?” in Law Times. “When you ask a question and the other side says: ‘I’ll comply with the rules,’ that … Continued
  • Contributory Negligence: Where The Plaintiff Is Partly At-Fault

    In personal injury litigation, the concept of liability/fault is not “black or white;” meaning, a car accident, slip and fall, or other traumatic event causing injury need not be the fault of one person or the other.  Rather, there may be circumstances where the injured person bringing the lawsuit (the “Plaintiff”) can be held at-fault … Continued
  • How Do I Know What My Personal Injury Claim is Worth?

    It is not uncommon for people injured in a trauma (i.e. car accident, trip or slip and fall, medical negligence, etc.) to wonder what their case may be worth. Indeed, it is important to consider the potential value of the case from the outset because the reality is that personal injury lawsuits can be time-consuming, … Continued
  • Thomson Rogers Webinar Series: Considerations for “Participant” and “Litigation” Experts

    Thomson Rogers Webinar Series: Considerations for “Participant” and “Litigation” Experts Thank you to everyone who attended our Thomson Rogers Webinar Series “Considerations for “Participant” and “Litigation” Experts” held January 29, 2021 and conducted by Thomson Rogers’ personal injury lawyers Robert Ben, Deanna Gilbert and Lucy Jackson. In this session, the following is discussed: Difference Between … Continued
  • Thomson Rogers Webinar Series – Considerations for “Participant” and “Litigation” Experts

    Thomson Rogers lawyers Robert Ben, Deanna Gilbert and Lucy Jackson will be discussing “Considerations for “Participant” and “Litigation” Experts” in our Thomson Rogers Webinar Series on Friday,  January 29 at 11:00 am. To register please click here. To view all previous Thomson Rogers Webinar Series please click here.
  • Thomson Rogers Webinar Series – The Burden of Proof: Proving Losses and Causation

    Thomson Rogers Webinar Series: The Burden of Proof: Proving Losses and Causation     Thank you to everyone who attended our Thomson Rogers Webinar Series “The Burden of Proof: Proving Losses and Causation” held September 25, 2020 conducted by Thomson Rogers’ personal injury lawyers Robert Ben, Deanna Gilbert and Lucy Jackson. Webinar Highlights:   • … Continued
  • Thomson Rogers Webinar Series: Techniques for Success in AB Claims

    Thomson Rogers Webinar Series: Techniques for Success in AB Claims Thank you to everyone who attended our Thomson Rogers Webinar Series “Techniques for Success in AB Claims” held July 10, 2020 conducted by Thomson Rogers’ personal injury lawyers Darcy Merkur, Deanna Gilbert and Lucy Jackson. To view all previous Thomson Rogers Webinar Series please click … Continued
  • Court of Appeal Overrules Judge’s Decision To Strike Case Against Insurance Adjusters in LTD Dispute

    Thomson Rogers represents R.B. (the “Plaintiff”) who sued his insurer (“RBC”) and two insurance adjusters (the “RBC Employees”) for damages that he suffered as a consequence of the Defendants’ termination of his long-term disability benefits. More specifically, the Plaintiff is seeking damages in excess of $1 million for breach of contract, negligence, negligent misrepresentation, and … Continued
  • Bicycling During COVID-19: Q&A’s On Bicycle-Car Accidents

    With some Ontarians hesitant to take the TTC during COVID-19, and with the City of Toronto expanding bicycle lanes, there will likely be more cyclists on the road than usual. If you are a cyclist that has been injured by being struck or “doored” by a car and are considering whether to contact a personal … Continued
  • Deanna Gilbert Discusses Four Considerations For Surveillance and Facebook Evidence with Law Times

    Deanna Gilbert in Law Times | by David Kitai | April 2, 2020

    On April 2, 2020, Thomson Rogers lawyer Deanna Gilbert discussed “Four considerations for surveillance and Facebook evidence” with David Kitai of the Law Times. In a recent case – Nemchin v. Green – the trial judge excluded surveillance and Facebook evidence and Deanna Gilbert broke down the implications of this decision into 4 major points for … Continued
  • Injured By A Public Transit Vehicle? Special Rules Apply

    By Deanna Gilbert

    With part of Toronto’s Line 1 subway shut down for seven hours on February 13, 2020 and nearly 100 shuttle buses running as back-up for commuters, this is a good time to remind the public of the special rules that apply to victims who have been injured in an accident involving a public transit vehicle … Continued
  • Bullying Related Injuries and Death at School

    By Deanna Gilbert

    Ontarians were horrified when 14-year-old Devan Bracci-Selvey was stabbed to death in front of his mother outside of Sir Winston Churchill Secondary School in Hamilton. His mother has reported to news outlets that she had previously complained to the school that Devan was being bullied. Devan’s alleged assailants have been charged by the Hamilton Police … Continued
  • Best Lawyers in Canada 2020

    We are proud to announce that 13 Thomson Rogers partners have been selected for inclusion in the 14th Edition of The Best LawyersTM in Canada. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation.  Lawyers are not required or … Continued
  • Nemchin v. Green: A Refresher on the Use of Surveillance and Facebook

    In the recent decision of Nemchin v. Green, [2019] ONCA 634 (CanLII), the Ontario Court of Appeal provided further guidance on the use of Schedule B documents including surveillance and Facebook at the trial of a personal injury action.  The Plaintiff in Nemchin alleged to suffer from disabling PTSD arising from a motor vehicle crash, … Continued
  • Back to School Conference 2019

    PIA Law and the Toronto ABI Network co-host the Back to School 10th Anniversary Conference. This year’s conference is titled, “Mental Health: Navigating Life After Trauma”. In addition to the conference, the Awards of Excellence in Brain Injury Rehabilitation will be presented in collaboration with the Ontario Brain Injury Association. This conference will be of special interest to health … Continued
  • Kerry’s Head for the Hills Trail Race 2019

    On April 27, 2019, personal injury lawyer Deanna Gilbert braved the cold weather and muddy conditions and ran in the Head for the Hills 5K in support of Brain Injury Association of Niagara (BIAN). Thomson Rogers has been a proud sponsor of the 5K Cross Country Race since 2012. The annual event takes place in … Continued
  • Best Lawyers in Canada 2019

    We are proud to announce that 16 Thomson Rogers partners have been selected for inclusion in the 13th Edition of The Best LawyersTM in Canada. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry … Continued
  • Entitlement to attendant care benefits upheld

    Law Times | by Michael McKiernan, quoting Deanna Gilbert | June 11, 2018

    A Divisional Court decision upholding a woman’s entitlement to attendant care benefits offers guidance on the Statutory Accident Benefits Schedule’s controversial “incurred expense” provisions, according to the injured plaintiff’s lawyer. The decision in Helmer v. Belairdirect Insurance Company revolved around the May 6, 2016 motor vehicle accident that injured Belinda Helmer, the owner and operator … Continued
    • Damages Under The Family Law Act: Updater #3

      Thomson Rogers partner, Deanna S. Gilbert, provides a 2021 update on the law of damages under the Family Law Act.

      Click here to read the full Updater #3 document.

    • Damages Under The Family Law Act: A Brief Primer & Updater

      Thomson Rogers partner Deanna S. Gilbert provides a brief primer and updater on damages under The Family Law Act. As part of any personal injury action, the immediate family members (spouse, children, grandchildren, parents, grandparents, and siblings) of the injured person may “piggy back” onto the injured Plaintiff’s action by advancing their own claims pursuant … Continued
    • Pedestrian-Motor Vehicle Accidents: Tort & Accident Benefits Law to Know

      Presented at the Institute of Law Clerks of Ontario | May 29, 2019

      I was consulted this year by the family of someone who had been walking in a pedestrian crossover when she was struck by a motor vehicle.  The family made a point of telling me that there was little information on-line for injured victims and their families to learn about the rights and/or legal issues applicable … Continued
    • Accident Benefits: Overview and Benefit Framework

      Presented at the Children & Youth with Brain Injuries: Practical Strategies Workshop | June 7, 2018

      On June 7, 2018, Holland Bloorview Kids Rehabilitation Hospital and March of Dimes Canada, in collaboration with Thomson Rogers, hosted the Children & Youth with Brain Injuries: Practical Strategies Workshop. Deanna Gilbert, personal injury lawyer and a partner at Thomson Rogers, presented on “Accident Benefits: Overview & Benefit Framework“. Some of the topics covered in … Continued
    • Personal Injury Panel: Hot Topics in Personal Injury Law

      Toronto Lawyers Association | May 15, 2018

      Deanna Gilbert, a partner at Thomson Rogers, participated in a panel of distinguished plaintiff and defence counsel for a lively discussion and insights into recent developments in the law, including: The benefits and drawbacks of juries in civil cases and efforts to expand the right to challenge civil jurors for cause; The Court of Appeal’s decisions … Continued
    • Calling The Treating Experts Witness: Concerns and Considerations

      Presented at OBA Professional Development | by Sloan Mandel and Deanna Gilbert | May 10-11, 2018

      Thomson Rogers personal injury lawyers Sloan Mandel and Deanna Gilbert presented at the Ontario Bar Association (OBA) Professional Development – Anatomy of a Trial: Demonstrations and Debriefs from May 10-11, 2018 on “Calling The Treating Experts Witness: Concerns and Considerations.” The presentation focused on the following themes and topics: The Push For Impartiality The Court … Continued
    • Damages Under the Family Law Act: An Updater

      Posted October 30, 2017

      In 2014, my Partner, Sloan H. Mandel, and I co-authored a paper entitled “Advancing Pecuniary and Non-Pecuniary Claims under the Family Law Act” (the “original paper”). The purpose of this paper is to provide personal injury lawyers with an update on some statutory changes and case law affecting Family Law Act [1] claims. A BRIEF REFRESHER … Continued
    • Insurance Coverage for Medical Marijuana/Cannabis

      The use of marijuana and cannabis for medical purposes has become a “hot topic” as of late, particularly as the Canadian government sets to legalize recreational marijuana in July 2018.  As a personal injury lawyer, I have noticed more and more clients turning away from “conventional” opioid, anti-inflammatory, and anti-depressant prescription medication for the treatment … Continued
    • Attendant Care Benefits: The Importance of Documenting Economic Loss

      In April of 2017, the appeal decision of Delegate Rogers in MVACF v. Barnes was released. The decision will be troublesome for many families who provide attendant care to their injured love ones in a non-professional capacity. To understand the importance of the decision, the February 1, 2014 amendment to the Statutory Accident Benefits Schedule … Continued
    • Litigating Chronic Pain Cases: What Plaintiffs, Health Practitioners, and Personal Injury Lawyers Need To Know

      For a long time, “chronic pain” has been seen as an unfavourable term in personal injury litigation. Although there have been some positive strides in recent years, there still remains a perception for many that the disability is not real. But for many people, chronic pain syndrome is a very genuine, very disabling condition; and it is one … Continued
    • The New Catastrophic Impairment Definition: Brain Injury In Children

      PIA Law's Practical Strategies Conference - Paediatric Traumatic Brain injury: Protecting Our Kids | April 21, 2016

      The new definition of “catastrophic impairment”, which comes into force on June 1, 2016, contains a specific definition for children with brain injuries that is different from the adult definition.   This is a major change.   This new definition is set out in section 3.1(5) of the Statutory Accident Benefits Schedule – Effective September 1, 2010.  … 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
    • The New Catastrophic Definition: Paraplegia, Tetraplegia, and Severe Ambulatory Impairment

      The Oatley McLeish Guide to Motor Vehicle Litigation | April 1, 2016

      Effective June 1, 2016, the definition of catastrophic impairment (“CAT”) will change, pursuant to section 3.1(1) of Ontario Regulation 251/15 made under the Insurance Act.  This paper will focus upon the first two subsections of the new CAT definition: (some forms of) paraplegia or tetraplegia [s. 3.1(1)(1)]; and (some forms of) severe impairment of ambulatory … Continued
    • Becoming an “Expert” Expert

      Acquired Brain Injury Provincial Conference | November 13, 2015

      Paper and accompanying presentation provide healthcare professionals with a deeper understanding of how their observations and opinions as experts may be used to advance a personal injury case. (more…)

    • 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.

    • 5 Tips to Being a Great Expert Witness

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

      The importance of expert testimony in the successful prosecution of a personal injury case cannot be understated; however, the role of the expert is not to be a soldier for one party or the other. The role of the expert is to provide a fair, objective, and non-partisan opinion to assist the Court. The “battle”, if any, is … Continued
    • Advancing Pecuniary & Non-Pecuniary Claims Under the Family Law Act

      Presented at the Oatley McLeish Guide to Motor Vehicle Litigation Seminar | March 26, 2014

      When a victim has been injured, the Family Law Act entitles certain family members to claim damages of their own. Sections 61 to 63 of the FLA are the key provisions. In some cases, FLA claims can be significant. This paper will provide an overview of some “main considerations” when advancing FLA claims; focus on … Continued
    • Ontario Insurer Liable for Benefits in the Virgin Islands

      Published in the Accident Benefit Reporter Updater, Issue 13 | August 2013

      In the winter of 2012, Mrs. Baughan, like many other Ontarians, sought to escape the Canadian winter. She booked a Carribean cruise with day excursions on various islands. The last thing on her mind was insurance coverage in the event of a car accident.

      View PDF of the article.

    • IE Consent Forms: Not So Simple As “Sure, Where Do I Sign?”

      presented at the Canadian Defence Lawyers Annual Accident Benefits Symposium | April 25, 2013

      Clashes arising over the use of Consent Forms in insurer examinations (“IEs”) are an increasing phenomenon. Often, neither the insurer nor the insured receives any prior warning from an IE examiner and/or assessment centre that a signed Consent Form will be required at the IE in order for it to proceed. A common scenario occurs … Continued
    • Managing Subrogated Claims in Personal Injury Actions and Subrogation Checklist

      Written for the Osgoode Certificate in Personal Injury Law & Practice | April 2013

      Black’s Law Dictionary defines subrogation as: “The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.”1 In simpler terms, it is the right to reimbursement. In the context of a personal injury case, subrogation is the process … Continued