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Practice Highlights

Stephen Birman graduated from the University of Toronto law school in 2007.

After practising with a commercial law firm in Toronto, Stephen joined Thomson Rogers as an Associate in 2009, where his practice has focused largely on class actions and personal injury litigation.

Stephen’s practice focuses on helping victims of car accidents, slip and falls and sexual abuse advance personal injury claims. Stephen prides himself on his ability to help clients understand and feel informed and in control throughout the various stages of the litigation process. He has earned the highest peer rating of AV Preeminent® in Martindale-Hubbell® for his legal expertise, communication skills, and ethical standards.

Stephen has worked extensively with residential school survivors and helped survivors advance compensation claims under Canada’s largest class action settlement.

Stephen is past Vice-Chair of the Community Head Injury Resource Services – an organization that provides services to improve the quality of life of persons living with an acquired brain injury.

Stephen is an avid tennis player and follower of all things related to Canadian Sports. When out of the office, Stephen enjoys spending time with his wife, son, and daughter.

Education

Bachelor of Commerce (Honours), Queen’s University, 2004

Juris Doctorate, University of Toronto, 2007

Professional Accreditations and Affiliations

  • Certified Specialist (Civil Litigation)
  • Martindale-Hubbell® Ranked Lawyer, AV Preeminent®
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)
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  • How Much Time Between Discovery And Mediation

    A common question that I receive from clients is “how much time should pass between discovery and mediation?” Like everything else in law the answer is (drum roll, please) – “it depends.” Once a lawsuit is commenced, the first significant step is an examination for discovery. The discovery is typically followed by a mediation (or … Continued

  • Thomson Rogers Webinar Series – When and How to Take Legal Action?

    Thomson Rogers Webinar Series: When and How to Take Legal Action? Thank you to everyone who attended our Thomson Rogers Webinar Series with personal injury lawyers Craig Brown, Stephen Birman and Lucy Jackson who discussed “When and How to Take Legal Action.”  In this session, the following topics were discussed: notice/limitation periods; small claims; simplified procedure; … Continued

  • Resist Discussing Legal Advice With Your Rehabilitation Providers

    This is a public interest message to all clients and any future clients. Please resist discussing legal advice with your rehabilitation professionals. There are 2 reasons for this. Everything that a client discusses with their legal counsel is subject to solicitor/client privilege. It is not disclosed unless you waive the privilege. The moment that you share … Continued

  • Persuasion Vs. Litigation When Disputing Treatment Plans

    I spend a lot of time trying to persuade insurance adjusters to approve treatment plans in order to avoid License Appeal Tribunal (“LAT”) disputes. Often, I will work with the treatment team and my client to “make the case.” Sometimes, when adjusters are not being reasonable, I will ask that their supervisor also be part … Continued

  • My 10 Takeaways From Going To Trial During The COVID-19 Pandemic

    In February, my Partner Aleks Mladenovic and I completed a virtual medical malpractice trial. Last October, my partner Robert Ben and I conducted an MVA jury trial, in person! I am fortunate to be one of a few lawyers who have been involved in both forms of trial during the pandemic. During this period, civil … Continued

  • 10 Things To Consider When Hiring A Personal Injury Lawyer

    In a recent blog post I highlighted steps that every accident victim should consider to help document their claims at an early stage (“I Was In An Accident, What Should I Do?“). In that post, I emphasized the importance of hiring a personal injury lawyer as soon as possible to take over complicated and important … Continued

  • Thomson Rogers Webinar Series – When and How to Take Legal Action?

    Join us for Session 14 of the Thomson Rogers Webinar Series April 29, 2021 at 11:00 am with personal injury lawyers Craig Brown, Stephen Birman and Lucy Jackson who will be discussing “When and How to Take Legal Action.” In this session, the following topics will be discussed: notice/limitation periods; small claims; simplified procedure; ordinary procedure; … Continued

  • I Was In An Accident, What Should I Do?

    In the aftermath of any serious accident the immediate rush is to obtain proper medical care and attention. As the days and weeks go by some individuals (or their families) may seek legal consultation. In a separate post, I am going to address the questions you should consider during that consultation. As lawyers, we are … Continued

  • Stephen Birman Recently Certified As A Specialist In Civil Litigation

    Thomson Rogers is pleased to announce that Stephen Birman has recently been certified as a Specialist in Civil Litigation by the Law Society of Ontario. The Certified Specialist Program recognizes members of the Law Society who have met established standards of experience and knowledge requirements in one or more designated areas of law and have … Continued

  • Lunch And Learn Toronto Rehabilitation Institute | Robert Ben and Stephen Birman

    On March 9, 2021 Thomson Rogers partners Robert Ben and Stephen Birman are conducting a Lunch and Learn at the Toronto Rehabilitation Institute. There is a tension in law between individual autonomy and the protection of those who are believed unable to do so for themselves. The latter is seen in the concept of “legal disability.” … Continued

  • Stephen Birman In Canadian Underwriter Aviva Business Interruption Insurance Lawsuit Article

    Stephen Birman in Canadian Underwriter | by Greg Meckbach | Feb. 23, 2021

    Thomson Rogers partner Stephen Birman is featured in a Canadian Underwriter article by Greg Meckbach titled “Why business interruption lawsuits against Aviva got ‘carved off’ from Ontario class action.” Birman discusses Aviva Canada who is facing two proposed class-action lawsuits in Ontario from clients whose business interruption claims were denied during the ongoing COVID-19 pandemic. … Continued

  • Thomson Rogers Webinar Series – Navigating Ethical Issues Facing Healthcare Providers

    Thomson Rogers Webinar Series: Navigating Ethical Issues Facing Healthcare Providers Thank you to everyone who attended our Thomson Rogers Webinar Series “Navigating Ethical Issues Facing Healthcare Providers” held November 27, 2020 conducted by Thomson Rogers’ personal injury lawyers Darcy Merkur, Stephen Birman and Ava Williams. Webinar Highlights: Client Dissatisfaction – Issues & Ethics Provider Account … Continued

  • Thomson Rogers Webinar Series – Navigating Ethical Issues Facing Healthcare Providers

    Thomson Rogers lawyers Darcy Merkur, Stephen Birman and Ava Williams will be discussing “Navigating Ethical Issues Facing Healthcare Providers” in our Thomson Rogers Webinar Series on Friday, November 27 at 10:00 am. The webinar will center around a discussion on various topics commonly faced by healthcare providers including: The logistics of protected accounts and how … Continued

  • Stephen Birman And Lucy Jackson Featured In The Lawyers Daily

    Stephen Birman and Lucy Jackson in The Lawyer's Daily | by John Schofield | Nov. 2, 2020

    Thomson Rogers lawyers Stephen Birman and Lucy Jackson was featured in The Lawyer’s Daily in an article by John Schofield titled “Lawyers hope long-term care legal actions will continue, despite pending Ontario legislation.” Discussing legislation proposed by the Ontario government that could wipe out class actions and lawsuits alleging negligence by some Ontario long-term care … Continued

  • Submissions By Thomson Rogers Regarding Bill 218

    Thomson Rogers appreciates the opportunity to make submissions regarding the proposed Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (“Bill 218” or the “proposed legislation”). Thomson Rogers represents many of the victims who died in for-profit long-term care homes, as well as their family members, due to the COVID-19 outbreaks at the following … Continued

  • Stephen Birman In The Star Discussing Ford Government Bill Protecting For-Profit Long-Term Care Homes

    Stephen Birman | The Star | Oct. 21, 2020

    Thomson Rogers personal injury lawyer Stephen Birman was featured in The Star commenting on Premier Ford’s recent decision to pass legislation protecting long-term care homes from COVID-19 related negligence claims in an article titled “Ontario law would make it harder to sue over COVID-19” by Rob Ferguson. To read the full article please click here.

  • Stephen Birman Interviewed On CityNews Regarding Ford Government Bill That Would Make It Harder To Sue Long-Term Care Homes

    Stephen Birman On CityNews | by Cynthia Mulligan | Oct. 21, 2020

    Thomson Rogers personal injury lawyer Stephen Birman was interviewed by Cynthia Mulligan of CityNews Toronto discussing the Ford Government’s bill that will make it harder for families affected by COVID-19 to sue long-term care homes in a feature titled “Coronavirus: Bill would make it harder to sue long-term care homes.” “It’s hard enough as it … Continued

  • Stephen Birman Interviewed On Newstalk 580 CFRA Regarding LTC Class Actions

    Stephen Birman Interviewed On Newstalk 580 CFRA

    Thomson Rogers personal injury lawyer Stephen Birman was interviewed on Newstalk 580 CFRA discussing recent Government of Ontario legislation providing COVID-19 liability protection to businesses, workers and some organizations, including long-term care facilities. In discussing the legislation and the government’s push to protect insurance companies Birman says, “I’m not sure why there’s this push to … Continued

  • Stephen Birman Featured In CBC Article Discussing COVID-19 Liability Protection

    Stephen Birman on CBC.ca | October 20, 2020

    On October 20, 2020, Thomson Rogers personal injury lawyer Stephen Birman was featured in a CBC article titled “Ontario to provide COVID-19 liability protection to businesses, workers and some organizations” discussing the Government of Ontario’s recent legislation. Birman said families involved in legal actions against long-term care facilities are “appalled” by the legislation. “The government … Continued

  • Baker v. Blue Cross Life Insurance Company

    This case arises out of a long-term disability (“LTD”) dispute with the Plaintiff and her LTD insurer, the Defendant Blue Cross. Stephen Birman of Thomson Rogers represented the Plaintiff. The Defendant insurer brought a motion to compel the Plaintiff to attend a medical assessment with Dr. Dowhaniuk, a neuropsychologist. The Plaintiff had previously been assessed … Continued

    • Tips For Favorably Advancing Attendant Care Claims

      Presented at the ABI Network Conference | by Stephen Birman, Stacey Stevens & Elysia M. Martini | November 12, 2020

      Thomson Rogers’ personal injury lawyers Stephen Birman and Stacey Stevens and Student-at-Law Elysia Martini, along with guest speakers Karla Forgaard-Pullen, Mathew Rose and Gina Matesic, presented at the ABI Network Conference on November 12, 2020 on the topic of “Tips for Favorably Advancing Attendant Care Claims.” The presentation focused on the following four themes after … Continued

    • Submissions By Thomson Rogers Regarding Bill 218

      On November 4, 2020, Stephen Birman presented to the Standing Committee on Justice policy regarding Thomson Rogers’ opposition to Bill 218, which proposes to limit liability for long term care operators in respect of the spread of Covid-19. Written submissions prepared by Stephen Birman and Lucy Jackson can be found here

    • COVID-19 And Aviva Business Interruption Claims

      Presented by Stephen Birman and Ava Williams at the OTLA 2020 Fall Conference LIVE Virtual: The Case Goes On | October 23, 2020

      On October 23, 2020 Thomson Rogers’ personal injury lawyers Stephen Birman and Ava Williams presented on “COVID-19 and Aviva Business Interruption Insurance” at the OTLA  2020 Fall Conference LIVE Virtual: The Case Goes On. The presentation focused on the following key topics: What is Business Interruption Insurance Claims for Physical Loss and COVID-19 Extended Policy … Continued

    • De-mystifying Pre-judgment Interest

      Presented at the Canadian Institute of Actuaries | June 25, 2020

      Thomson Rogers’ personal injury lawyers Stephen Birman and Ava Williams presented at the Canadian Institute of Actuaries for the Virtual Actuarial Evidence Seminar on the topic of “De-mystifying Pre-judgment Interest.” The presentation discussed the following topics: What is pre-judgement interest? The Purpose of PJI Section 128 (1) of the Courts of Justice Act Rule 53.10 … Continued

    • Using SPECT Scan, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment

      Presented at GLA Rehab | June 30, 2020

      Thomson Rogers’ personal injury lawyers David MacDonald and Stephen Birman presented at GLA Rehab on the topic of “Using SPECT Scan, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment.” The presentation discussed the following topics: ABI + CAT Criteria Since June 1, 2016 “Positive Findings” SPECT Scan Triaging the ABI Impairments Triaging … Continued

    • Discharge Planning and Financial Considerations Following a Traumatic Injury

      Presented by Stephen Birman at Lyndhurst Centre Lunch & Learn | December 5, 2019

      On December 5, 2019, Thomson Rogers’ personal injury lawyer Stephen Birman presented alongside Rachel Footman and Nina McQuigge at our Thomson Rogers Lunch & Learn at Toronto Rehab – Lyndhurst Centre celebrating our support of the Spinal Cord Rehabilitation Program and presenting a cheque for $200,000 for the redevelopment of a patient and family lounge. The presentation … Continued

    • Recovery after a Brain Injury: Financial Implications

      Presented by Stephen Birman at the 2019 OBIA Provincial ABI Conference | November 7, 2019

      On November 7, 2019, Thomson Rogers’ personal injury lawyer Stephen Birman presented alongside Deena Ginsberg, Dr. C. Seyone, Joseph Pileggi and Stephen Pauwels in Concurrent Session B5 at the 2019 Provincial ABI Conference — OBIA. The presentation focused on Recovery after a Brain Injury – Financial Implications and included discussions on the following topics: Preparing for the long haul Financial … Continued

    • Best Practices for Vocational Evaluators in Preparing Expert Reports and Testifying in Court

      Presented at the Canadian Assessment, Vocational Evaluation and Work Adjustment Society Conference | May 30, 2018

      Stephen Birman, a personal injury lawyer and a partner at Thomson Rogers, presented on “Best Practices for Vocational Evaluators in Preparing Expert Reports and Testifying in Court” at the Canadian Assessment, Vocational Evaluation and Work Adjustment Society conference on May 30, 2018, in Kingston, Ontario. For a copy of the presentation, please contact Stephen Birman … Continued

    • Direct Examination Techniques

      Presented at The Advocates' Society License Appeal Tribunal (LAT) Advocacy | April 12, 2018

      Thomson Rogers’ partner, Stephen Birman, was a demonstrator on `Direct Examination Techniques at The Advocates’ Society License Appeal Tribunal (LAT) Advocacy program on April 12, 2018.

      For more information, please visit The Advocates’ Society website.

    • Tips for Plaintiffs When Pursuing Pre-judgment Interest Claims in Settlement Negotiations and Beyond

      Ontario Bar Association | The Essentials on Costs and Prejudgment Interest - Insurance Law | November 29, 2017

      Lawyers often incorrectly calculate, or even worse, fail to include pre-judgment interest claims in settlement negotiations. Below are some helpful tips for avoiding common pitfalls when addressing these claims. Identify the type of claim and rate that applies The Pre-Judgment Interest (“PJI”) rate differs depending on the nature of the claim and the damages sought. … Continued

    • License Appeal Tribunal Case Law and Growing Pains

      Presented at PIA Law Practical Strategies Webinar - A Year in Review: Understanding the Impact of the SABS Changes | June 1, 2019

      Thomson Rogers’ partner, Stephen Birman, discussed “License Appeal Tribunal (LAT) Case Law and Growing Pains”, at the 2017 PIA Law Practical Strategies webinar – A Year in Review: Understanding the Impact of the SABS Changes, on June 1, 2017. The webinar was designed to help health care providers and lawyers: prepare for a LAT application; … Continued

    • When to Hire a Personal Injury Lawyer

      February 28, 2017

      If you have been in a car accident, when is the best time to hire a personal injury lawyer? Following a car accident, you will likely find yourself very quickly hearing from various insurance companies. The easiest way to respond to them is to tell them to speak with your lawyer and if you have … Continued

    • Expert Reports and Hospital Records-Best Practices

      Presented at The Scarborough Hospital | December 2, 2016

      On December 2, 2016, Stephen Birman, a personal injury lawyer and partner at Thomson Rogers, presented, “Expert Reports and Hospital Records-Best Practices” to health care professionals at The Scarborough Hospital. Stephen’s presentation covered some of the following topics: Who is an expert? 3 Types of Reports Are you obligated to prepare a report? Cost of … Continued

    • Your Uber Ride is Now Covered by Insurance But Further Coverage is Recommended

      ABR Updater | Issue 32 | August 2016

      About a year ago, I was speaking with a friend who had started driving for UberX. I asked my friend whether his automobile insurer was aware of his ridesharing activity. I pointed out to him that the standard automobile insurance policy in Ontario excludes taxis and drivers with paid passengers. Following our conversation, my friend … 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

    • Sexual Assault Victims No Longer Face Limitation Periods for Advancing Civil Claims

      With the recent high-profile acquittal of Jian Ghomeshi in respect of various sexual assault and related criminal charges, there has been significant media attention over the challenges faced by sexual assault survivors in advancing claims in the courts. There is no question that sexual assault claims, in the absence of physical evidence, are difficult to … Continued

    • Then and Now: Recent Changes in Automobile Insurance Legislation in Ontario

      Statutory Accident Benefits Schedule Workshop | March 4, 2016

      On March 4, 2016, personal injury lawyers Stephen Birman and Robert Ben presented at the Statutory Accident Benefits Schedule Workshop. The workshop was designed specifically for Speech-Language Pathologists working in the Acquired Brain Injury and Auto Insurance sector. Stephen and Robert’s presentation on the Major Changes to Ontario Automobile Legislation focused on the following: Major … Continued

    • Eugenie Bouchard initiates personal injury claim against the US Open

      December 7, 2015

      On October 13, 2015, Canada’s 21 year old female tennis star Eugenie Bouchard initiated a civil lawsuit against the United States Tennis Association and National Tennis Center(“USTA”) arising from a slip and fall accident that occurred during the United States Open Tennis Championships (US Open) on September 4, 2015. The lawsuit arises from an incident … Continued

    • CROSSING THE THRESHOLD: WHEN DOES THE LIMITATION PERIOD CLOCK START TO TICK?

      Accident Benefit Reporter Updater | Issue 26 | June 2015

      Generally, civil litigants have 2 years from the date that their claim is “discovered” to commence a civil proceeding. Typically, the discovery date will coincide with the date the act or omission, on which the claim is based, occurred. The Ontario Limitations Act states that a claim is presumed to have been discovered on the day the act or omission, on … Continued

    • Social Networking Document Disclosure at FSCO

      Accident Benefit Reporter | Volume 13, Issue 2 | October 2012

      A recent decision (Eniko Rakosi v. State Farm Mutual Automobile Insurance Company1) at the Financial Services Commission of Ontario (“FSCO”) held that applicants at FSCO may in the course of pre-arbitration disclosure under the Dispute Resolution Practice Code (DRPC) be required to produce photographs created and posted on their Facebook and other social networking sites during … Continued