Practice Highlights


Deanna S. Gilbert was admitted to the Law Society of Upper Canada in 2008. Her practice is devoted to representing Plaintiffs in personal injury litigation including cases arising from motor vehicle accidents, medical malpractice, slip and falls, product liability, and assaults.

Deanna frequently appears before the Ontario Superior Court of Justice and accident benefits tribunals. In 2016, Deanna was a Lexpert Rising Stars Finalist. In 2017, Deanna was added to the peer-reviewed Canadian Legal Lexpert® Directory, ranked as “repeatedly recommended”.  Deanna is listed in the 2018 Best Lawyers in Canada directory.

Deanna’s advocacy has resulted in a number of precedent-setting and reported judicial and arbitral decisions. She has authored a number of papers on civil litigation and is currently the Contributing Editor of the Ontario Accident Benefits Case Summaries published by LexisNexis Canada Inc. Deanna has both chaired medical-legal conferences and presented as a guest speaker. She is often interviewed and cited by legal news publications for her insight into hot topics in personal injury litigation.

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.

Education

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

Professional Accreditations and Affiliations

  • LEXPERT Ranked Lawyer
  • Listed in Best Lawyers® Canada
  • 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

  • Thomson, Rogers Takes the 2017 Summer Law Challenge – Canadian Blood Services

    Posted September 1, 2017

    On August 31, 2017, Thomson, Rogers lawyers and staff proudly rolled up their sleeves and took part in the Canadian Blood Services 2017 Summer Law Challenge. Canadian Blood Services is looking to fill 25,000 appointments before Labour Day across Canada, to book an appointment, locate a clinic and to check eligibility, visit www.blood.ca  Related Posts: … Continued
  • Mandamin v. Pafco: You cannot SOLELY dispute a CAT denial at the LAT

    Posted August 29, 2017

    In the decision of Mandamin v. Pafco Insurance Company, released on July 31, 2017, an Arbitrator at the Financial Services Commission of Ontario (“FSCO”) held that the Licence Appeal Tribunal (“LAT”) does not have the jurisdiction under s. 280(1) of the Insurance Act to hear an Arbitration that solely involves a dispute over whether or … Continued
  • Law Times: Ruling on CPP a win for accident victims

    Law Times | by Michael McKiernan, quoting Deanna Gilbert | August 21, 2017

    A Supreme Court of Canada decision that ruled the Canada Pension Plan is not a policy of insurance is a win for accident victims across the country, says a Toronto lawyer. In Sabean v. Portage La Prairie Mutual Insurance Co., a unanimous seven-judge panel of the nation’s top court ruled the insurer could not deduct a … Continued
  • 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
  • Another Bad AC RE Retro Application Of Post-Feb. ’14 rule

    Posted August 9, 2017

    A couple of months ago, I reported on the FSCO decision of MVACF v. Barnes. This was a concerning appeal decision, wherein the Director’s Delegate concluded that irrespective of when the crash occurred, any attendant care provided after the February 2014 amendment to the Statutory Accident Benefits Schedule (SABS) is subject to that amendment. The … Continued
  • BIST Summer Picnic 2017

    Posted July 28, 2017

    On July 24, 2017, the Brain Injury Society of Toronto (BIST) held its annual summer picnic at High Park. At the awards ceremony, BIST acknowledged PIA Law for its support as their Platinum Sponsor for 2017. Personal injury lawyers Deanna Gilbert of Thomson, Rogers and Ryan Murray of Oatley Vigmond were pleased to accept on behalf … Continued
  • “Reasons” for an Examination Under Oath

    Aviva Insurance Company of Canada v. McKeown

    If requested by an accident benefits insurer, a person injured in a car accident “shall” submit to an examination under oath.  These examinations can take hours and cover all aspects of the accident, nature of the injuries, the types of benefits claimed, etc.  If a request for an examination under oath is made, the insurer … Continued
  • iPad Launch at Holland Bloorview Kids Rehabilitation Hospital

    Posted June 8, 2017

    On June 7, 2017, Thomson, Rogers’ Deanna Gilbert was happy to be at Holland Bloorview Kids Rehabilitation Hospital as they rolled out iPads which were donated by Thomson, Rogers to an eager group of teenagers in the hospital’s Teen Lounge. Holland Bloorview Kids Rehabilitation Hospital is Canada’s largest children’s rehabilitation hospital focused on improving the … Continued
  • CPP not “a policy of insurance” per OPCF-44R

    Posted June 8, 2017

    The Supreme Court of Canada has concluded that CPP disability benefits are not “a policy of insurance” for purposes of deductibility in family protection endorsements. In automobile insurance, there are a number of forms of payments and benefits that injured victims may receive as a result of their injuries. In some cases, those payments or … Continued
  • Expert Evidence and Diagnosis Not Required to Prove Damages for Mental Illness

    Posted June 5, 2017

    The Supreme Court of Canada released a landmark decision on June 2, 2017, in the matter of Saadati v. Moorhead. In short, the Court held that Plaintiffs claiming damages arising from a mental or psychological illness are not required to adduce expert psychiatric evidence to receive compensation for their damages, nor must they have been … Continued
  • ABR Updater: The “Medical and Other Reasons” Required to Justify an Insurer Examination

    ABR Updater | Issue 37 | by Deanna Gilbert | June 2017

    The purpose of this article is to provide a brief “refresher” on the scope of the “medical and other reasons” that must be provided by an insurer to its insured when an insurer examination (“IE”) is being requested. Save for the exceptionally lucky, most people who have been injured as a result of a motor … 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
  • Attendant Care Benefits: The Importance of Documenting Economic Loss

    Posted May 4, 2017

    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 loved 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
  • 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
    • 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

    • 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