Practice Highlights

Deanna S. Gilbert was admitted to the Law Society of Upper Canada in 2008. Her practice is devoted to helping people who have been seriously injured as a result of motor vehicle accidents, slip and falls, medical malpractice, and assaults. Deanna represents a wide range of clients of all ages, sex, and race across the Province of Ontario.

Deanna frequently appears before the Ontario Superior Court of Justice and accident benefits tribunals. Her advocacy has resulted in a number of precedent-setting and reported judicial and arbitral decisions. Deanna has authored a number of papers on civil litigation; has appeared as a guest speaker at numerous legal and health care conferences; was the Co-Chair of the 2015 New Lawyers Division Conference organized by the Ontario Trial Lawyers Association; and has been interviewed by the media for her insight into personal injury litigation. In 2016, Deanna was a Lexpert Rising Stars Finalist.

Deanna is a member of the Ontario Trial Lawyers Association, the Advocates’ Society, the Ontario Brain Injury Association, and the Brain Injury Society of Toronto.

Outside of work, Deanna is a proud and dedicated volunteer. Her commitments have included, but not been limited to being: a Member of the Connect for Kids Committee operated through Holland Bloorview Kids Rehabilitation Hospital; a Co-Chair of the Volunteer Appreciation Committee for the Brain Injury Society of Toronto; a long-term volunteer for the Toronto Lawyers Feed the Hungry Program operated by the Law Society of Upper Canada; the Chair of Thomson, Rogers’ Give-a-Day Campaign; and the Chair of Thomson, Rogers’ clothing drive for Dress for Success and Dress Your Best Toronto.

Deanna holds a Certificate of Proficiency in French.


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

Professional Accreditations and Affiliations

  • The Advocates’ Society
  • Ontario Trial Lawyers Association
  • Ontario Bar Association
  • Canadian Bar Association
  • Co-Chair of the Brain Injury Society of Toronto (BIST) Volunteer Committee
  • Member of the Connect for Kids Committee (Holland Bloorview Kids Rehabilitation Hospital)

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  • 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.

  • 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

  • Capes for Kids 2017

    Holland Bloorview Kids Rehabilitaion Hospital's Capes for Kids

    It’s been said that not all heroes wear capes, but in this case, hundreds of heroes will be wearing them. Capes For Kids is an initiative of Holland Bloorview Kids Rehabilitation Hospital to raise funds for the hospital and raise awareness of its programs. From March 6th – 12th, Holland Bloorview is encouraging participants to wear capes … Continued
  • Operation Christmas Child 2016

    Posted December 2, 2016

    During National Collection Week (November 14-20), Thomson, Rogers participated in Operation Christmas Child for the 9th straight year, doing so since 2007. This event gathers gifts and items for children and sends them worldwide to help put smiles on the faces of kids everywhere possible. This year Thomson, Rogers’ staff and lawyers filled 78 boxes full … Continued
  • Thomson Rogers Donates 65 iPads to Holland Bloorview Kids Rehabilitation Hospital

    Holland Bloorview Kids Rehabilitation Hospital | November 7, 2016

       On November 7th, 2016, personal injury lawyers Deanna Gilbert and Darcy Merkur, on behalf of Thomson Rogers, donated 65 new iPads to Holland Bloorview Kids Rehabilitation Hospital. The iPads will go to kids and families for their use during their time away from home. For more on Thomson Rogers in the Community: Recipients of … Continued
  • TR Out in Support of BIST 5K Run, Walk & Roll 2016

    Posted October 3, 2016

    On a rainy Saturday morning, at Wilket Creek Park, a small but eager Thomson Rogers team, as part of the Gold sponsor PIA Law team, took part in the Brain Injury Society of Toronto (BIST) 5K Run, Walk and Roll. The rain did not deter our lawyers Deanna Gilbert, Benjamin Brookwell, Adam Tanel and Adam Delva and staff … Continued
  • LSUC Zeroes in on Personal Injury Advertising

    Law Times | by Alex Robinson, Deanna Gilbert quoted | June 27, 2016

    Some participants in a new Law Society of Upper Canada report say public confidence in the legal profession is being hurt by advertising for personal injury law — a finding those in the field say is abundantly obvious. The Advertising and Fee Arrangements Issues Working Group Report unveiled at June Convocation says: “in personal injury … Continued
  • Litigating Chronic Pain Cases: What Plaintiffs, Health Practitioners, and Personal Injury Lawyers Need to Know

    ABR Updater | Issue 31 | July 2016

    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 … Continued
  • Clothing Drive in Support of Dress for Success Toronto

    Posted June 23, 2016

         Thomson, Rogers is excited and proud to be running an internal clothing drive for Dress for Success Toronto (women’s clothing) and Dress Your Best Toronto (men’s clothing).  The goal of these charities is to help underprivileged but motivated individuals obtain and sustain employment by providing them with business attire to wear to interviews … Continued
  • TR Out in Support of MADD Canada’s PIA Law Strides for Change

    Posted June 6, 2016

    This past Sunday, as members of PIA Law, Thomson, Rogers staff and friends braved the elements in support of MADD Canada.               Video and photos provided by Peter Bregg Photography Adam Delva, David MacDonald, Adam Tanel, Deanna Gilbert our running lawyers @maddcanada @PIA_Law #stridesforchange — Thomson Rogers (@thomsonrogers) June 5, 2016 Congrats to David … Continued
  • 2016 BIST Volunteer of the Year Award

    Posted April 26, 2016

    Congratulations to Frank Bruno for winning the 2016 Brain Injury Society of Toronto (BIST) Volunteer of the Year Award.  Deanna Gilbert, partner at Thomson, Rogers, had the pleasure of presenting the award to Frank last night at the BIST volunteer appreciation night. Keep up the great work Frank! Congrats to Frank Bruno – winner of … 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
  • Lawyers Feed the Hungry Program

    Posted September 24, 2015

    Thomson, Rogers lawyers and staff proudly support The Law Society Foundation’s Toronto Lawyers Feed the Hungry Program. The Toronto Lawyers Feed the Hungry program has been providing hot, healthy community meals to some of Toronto’s neediest residents since 1998. Meals are served in the Law Society of Upper Canada’s cafeteria at 130 Queen Street West, … Continued
  • Give A Day 2014

    December 1, 2014

    One day can change the world. World Aids Day – December 1st. Thomson, Rogers has been a proud supporter of Give a Day since 2007. Give a Day challenges each Canadian, particularly those in the medical and legal communities, to recognize World AIDS Day by giving one day’s pay to the fight against HIV. Give … Continued
  • TR Lawyers Feed the Hungry

    Posted September 25, 2014

    Thomson, Rogers lawyers served breakfast this morning as part of the Toronto Lawyers Feed the Hungry program operated through the Law Society.

    If you would like more information about the program or would like to donate, please visit: Lawyers Feed the Hungry Toronto.

  • Less insurance coverage may be available to injured accident victims when multiple injured claimants are suing the same at-fault driver

    The Ontario Court of Appeal has recently released a decision in Van Bastelaar v. Bentley that affects the insurance coverage available to injured accident victims in circumstances where there are multiple injured claimants suing the same at-fault driver. When situations as these arise, all injured claimants have to share the at-fault driver’s policy limits pro … Continued
  • When is a request for an insurance exam ‘reasonably necessary’?

    Law Times | by Julius Melnitzer | October 19, 2009

    Getting insurance claimants to submit to a medical exam has become harder due to a recent decisions by the Financial Services Commission of Ontario. When Ontario abolished designated assessment centres, it gave insurers the right to request medical examinations for each benefit for which a claimant applied. The only limit on the number of examinations was … 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

  • 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
  • The Anticipated Changes to the Definition of “Catastrophic Impairment”

    presented at the Brain Injury Association of Niagara 2012 Conference: Making the Invisible...More Visible

  • Making the SABS Work for Your Trauma Patients & Preventing Caregiver Burnout

    presented at York Central Hospital on

  • Guardianship: What Are My Rights?

    Presented at the Brain Injury Association of Niagara (BIAN) Conference "A Hero's Journey: Trauma, Transitions, and Thriving" | October 21, 010

    The PowerPoint Presentation will provide an overview of the following:

    • Legal Tests for Guardianship
    • Family, Friends & Health Care Providers: What Should we Look For?
    • Capacity Assessment
    • Application Process
    • Guardian: What is my Role?
    • Joe: What are my Rights?

    View PDF of presentation.

  • An Overview of the New SABS & Guardianship: What are My Rights?

    Hero's Journey, Trauma, Transitions and Thriving Conference

  • OCF 3 – New Form and Finding Solutions & Transition Rules

    presented at the "How will Ontario's New Automobile Legislation Impact Patients and their Treatment?" seminar, in conjunction with Physio Fix & Fitness