Practice Highlights

Robert dedicates his practice to representing and obtaining compensation for victims of traumatic brain injury, spinal cord injury and serious orthopaedic and other injuries, as well as those who have suffered wrongful death. He represents clients throughout Ontario in cases that involve:

  • Vehicular negligence (including automobile, motorcycle, bicycle, ATV, snowmobile and boating accidents)
  • Municipal liability (negligent road design, maintenance/repair, snow and ice removal)
  • Day care and nursing home negligence
  • Commercial host liability (over-service of alcohol)
  • Occupier’s liability (property owner negligence)
  • Products liability (defective consumer products causing injury)
  • Insurance claims (accident benefits, long term disability benefits and insurer’s bad faith handling of claims)

Robert brings a unique perspective to his representation of personal injury victims having spent the early part of his legal career defending numerous large insurance companies against personal injury and other claims.  That experience, together with his prior training as a social worker, makes him highly effective in maximizing compensation for his clients and allows him to appreciate the challenges and struggles they face as a result of their life-altering injuries.

Robert is experienced and at home in the courtroom, having appeared as counsel in numerous complex and contentious jury and non-jury trials the Ontario Superior Court of Justice, as well as on appeals in the Divisional Court, the Court of Appeal for Ontario, and the Supreme Court of Canada.

Robert understands that achieving results for his clients requires not only skill and intelligence, but also passion, creativity, perseverance and, above all else, hard work.

Education

  • Juris Doctor, University of Toronto, Faculty of Law (2002)
  • Bachelor of Social Work, York University, School of Social Work (1999)
  • Bachelor of Arts, University of Toronto (1995)

Professional Accreditations and Affiliations

  • The Advocates’ Society
  • Canadian Bar Association
  • Toronto Lawyer’s Association
  • Canadian Civil Liberties Association
  • Ontario Association of Social Workers (past)
  • Member, Board of Directors, Brain Injury Association of Peel and Halton (past)
  • Executive, High Park Little League (past)

Additional Information

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  • When a just settlement cannot be achieved, Robert is always prepared to go to court. Robert has represented a wide range of clients in jury and non-jury trials, arbitrations and appeals. He has appeared as counsel in the Superior Court of Justice, the Court of Appeal and the Supreme Court of Canada.

    NOTABLE CASES INCLUDE:

  • Green v. Allen et al (2016 ONSC 4454)

    Successfully opposed a defendant’s attempt to obtain summary judgment dismissal. The judge agreed that the novel question of whether a private property owner has a legal duty to prevent trees on his property from posing a visual obstruction to users of an adjacent highway should proceed to trial.

  • Walsh v. Echelon General Insurance Company (FSCO A15-007448)

    The arbitrator accepted Robert’s interpretation of an insurance policy requiring the insurer to pay Robert’s disabled client substantial arrears in insurance benefits.

  • Yusuf v. Cooley (2014 ONSC 6501, aff'd 2015 ONSC 3244 (Div. Ct.))

    Skilfully cross-examined and undermined the credibility of a driver who denied waving an 11-year-old girl across a busy city street where she was struck by another car and suffered a life-altering brain injury. After the court agreed that the multi-million dollar claim against the waving driver should proceed to trial, the driver paid a substantial settlement.

  • Siddiqui v. Papple et al (2014, unreported jury decision)

    After a lengthy and contentious four-week jury trial, Robert helped obtain an award of damages of almost $2 million for a young boy who suffered a brain injury while a passenger in a car involved in a high-speed collision.

  • Juzytsch v. Terlecki (2014 CanLII 100194)

    Obtained one of the first court orders of its kind in Canada permitting service of Statement of Claim by Facebook on a defendant who was avoiding service and whose whereabouts were unknown.

  • Sooley v. Walkers Point Marina (2014, unreported)

    Successfully upheld a claim for litigation privilege over a medical expert’s report obtained by his brain injured client before even retaining a lawyer, notwithstanding that report’s findings were inadvertently disclosed to his family doctor.

  • Hoang v. Personal Insurance Company (2014 ONSC 81 (Div. Ct.)

    Robert represented a brain injured young boy in this contentious arbitration with his insurance company over his entitlement to much needed insurance benefits for medical and rehabilitation expenses. Robert recovered substantial benefits for the boy as well as a punitive “Special Award” against the insurance company for its unreasonable denial of the boy’s claims. Robert successfully upheld the award on three subsequent appeals by the insurance company.

  • Ferguson v. County of Brant (2013 ONSC 435)

    Helped recover a multi-million dollar judgment in a lengthy trial for a client who suffered a severe brain injury in a winter driving accident. The County of Brant was found at fault for failing to install the proper warning sign on a sharp curve in the road.

  • Hoang v. Vicentini (2012, unreported jury decision)

    Helped recover a substantial award of damages in a five-week jury trial for a brain injured young boy who was struck by a car after running into an intersection. The defendants later tried, unsuccessfully, to reduce the award by deducting insurance benefits available to the boy for his future medical and rehabilitation needs (2012 ONSC 6644).

  • Ezeh v. Club Seventy-Seven (2010 ONSC 4692)

    Robert forced nightclub “bouncers” who assaulted a young man causing a severe life-altering brain injury to answer questions under oath despite their claiming the right not to incriminate themselves while pending criminal charges were still under investigation by the Crown.

  • Gallant v. Fanshawe College (2009, unreported jury decision)

    Robert was involved in this lengthy jury trial in Hamilton involving the liability of a motorcycle training program for serious orthopaedic injuries suffered by a beginner student while practising a turning manoeuver on a negligently laid out closed course.

  • Kitchenham v. Axa Insurance Canada (2008 ONCA 877)

    The leading Court of Appeal decision on the operation of the “deemed undertaking rule,” which prevents evidence obtained in one legal proceeding from being used in another legal proceeding.

  • Godoy v. 475920 Ontario Ltd. (2008 ONCA 801)

    Appellate decision confirming that children of a parent who die as a result of an accident must bring any legal proceedings within two years of the date of death, regardless of the age of the child.

  • Isen v. Simms (2006 SCC 41)

    Supreme Court of Canada decision concerning whether as a matter of constitutional law a personal injury suffered while loading a boat onto a trailer is a matter of federal maritime law (in which case damages are restricted to $1 million by statute) or provincial law (where damages are unrestricted).

  • Re Wu Estate (2006 CanLII 16344 (ON CA))

    An important Court of Appeal decision confirming that where a settlement is conditional on court approval and a party dies before court approval is obtained, the settlement remains binding.

  • Accident Benefit Reporter: Volume 18, Issue 1

    Posted May 5, 2017

    The Spring issue of Thomson, Rogers’ Accident Benefit Reporter (Volume 18, Issue 1) is out. In this issue: Judge Condemns Practice of Ghostwriting Expert Reports by Stephen Birman Why it is Crucial to Complete and Submit a Disability Certificate (OCF-3) ASAP – An Important Message for Hospital Providers by Darcy Merkur Can an Insured be … Continued
  • NRIO Breakfast Seminars – Spring Series 2017

    The Neurological Rehabilitation Institute of Ontario proudly presents the NRIO Spring Series of Breakfast Seminars 2017. These FREE seminars are designed to be forums where knowledge and information are shared, so individuals with acquired brain injuries can obtain the best care possible. Join Us: Date: Monday, May 29, 2017 Time: 9:15a.m. – 10:45a.m. Location: NRIO | Etobicoke … Continued
  • The Motorcycle Show Toronto 2017

    February 17-19, 2017 | Enercare Centre, Exhibition Place

    It might be winter, but that doesn’t mean you can’t start planning your first Sunday ride with friends. Whether you’re a casual rider or could cruise for days on end, you’ll love The Toronto Motorcycle Show. From February 17th to 19th you can find the personal injury lawyers from Thomson, Rogers among the show’s exhibitors … Continued
  • Thomson Rogers at The Norwood Fall Fair 2016

    Posted October 5, 2016

    This Thanksgiving weekend we’re delighted to be part of The Norwood Fall Fair as exhibitors. Personal injury lawyers Robert Ben and Ian Furlong will be there to be there to join in on the fun. This year’s theme is Cow Bells & Carousels! If you’ve never heard of The Norwood Fall Fair then it might be … Continued
  • SCIO 2016 Wheelchair Challenge

    September 18, 2016 | Monarch Park Stadium, Toronto

    On Sunday, September 18th, from 10:00am to 2:00pm the 2016 Wheelchair Challenge will be taking place at Monarch Park Stadium in Toronto, in support of Spinal Cord Injury Ontario. All funds raised go towards supporting programs and services that assist people with spinal cord injuries. Accepting the challenge from Thomson, Rogers will be personal injury lawyers Carr Hatch, Kate Cahill, … Continued
  • The Motorcycle Show Toronto 2016

    Posted February 22, 2016

    Thomson, Rogers was a proud show sponsor at this year’s Motorcycle Show Toronto. Lawyers Craig Brown, Leonard Kunka, Stacey Stevens, Robert Ben, Ian Furlong and staff members, Joseph Pileggi and Tawnya Rudy attended the 3-day event at the Enercare Centre, Exhibition Place. Along with raising funds for the motorcycle charity event, Ride for Sight 2016, … Continued
  • New Partner – Robert Ben

    Posted January 28, 2015

    We are pleased to announce that Robert Ben is now a partner with Thomson, Rogers.

    Robert Ben, partner with the Toronto law firm of Thomson, Rogers.

  • 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.

  • Multi-Million Dollar Judgment for Winter Driving Accident

    Following a lengthy trial against the County of Brant, Thomson, Rogers personal injury lawyers David F. MacDonald, Michael L. Bennett and Robert M. Ben recently obtained a multi-million dollar judgment for a client who suffered a serious brain injury during a winter driving accident. Seventeen-year-old Jesse Ferguson was driving an SUV at night along a … 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
  • Court Confirms Attendant Care May Be Provided Remotely

    ABR Updater Issue 23 | January 29, 2015

    Many automobile accident victims who suffer a traumatic brain injury will have impaired judgment and poor impulse control. They may have difficulty complying with their medications. They may even express suicidal thoughts. They often need cueing, prompting, monitoring and/or supervision to ensure their personal safety. Some will require constant, direct and one-on-one attendant care. Others … Continued
  • Loose Lips Can Sink Ships: Waiver of Privilege

    Accident Benefit Reporter Volume 15, Issue 2 | November 2014

    Many of you provide treatment to people recovering from serious personal injuries. It goes without saying that confidential information entrusted to you by your patients within a professional relationship should be carefully guarded – confidential information should not be disclosed without the patient’s authorization, unless otherwise required by law. Unfortunately, sometimes the most routine interactions … Continued
  • Notice, Limitation & Pleading Issues in Road Authority Cases

    Published in The Litigator: Road Authorities | April 2014

    Municipal and provincial road authorities have a general duty of care to maintain their road systems in good repair so as to protect ordinary users of the highways, exercising reasonable care for their safety, from unreasonable risks of harm, including personal injury. The duty and standard of care of municipal and provincial road authorities is codified … Continued
  • The Cunningham Report: Major Changes Facing FSCO and the Accident Benefits Dispute Resolution System

    Osgoode Hall Law School (Professional Development CLE)

  • Catastrophic Impairments: Increasing Access to Care and Treatment for Patients with Severe Injuries

    Presented at Trillium Health Partners | January 24, 2014

  • Vocational Rehabilitation Ethics

    presented at the VRA Ontario Annual Fall Conference

  • Basic Anatomy of Personal Injury Actions

    presented at the Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Conference with Thomson