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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

  • Martindale-Hubbell® Ranked Lawyer, AV Preeminent®
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)
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    • Thomson Rogers Current Events Webinar Series: Proving Brain Injury SPECT Scan Case Study And The Clinician’s Role In Helping The Client Along The Road To CAT Determination

      Thomson Rogers Webinar Series: Proving Brain Injury SPECT Scan Case Study And The Clinician's Role In Helping The Client Along The Road To CAT Determination.

    • Don’t Bail Out For Profit Long-Term Care Homes

      There are rumblings that the Ontario government is considering legislation to implement some restrictions against COVID-19 related lawsuits. In the United States, various immunities have been enacted. In some cases, the immunities are limited to protect emergency workers from potential lawsuits, and in other cases they go so far as to grant immunity to various … Continued

    • Stephen Birman Interviewed on 640 Toronto By Kelly Cutrara

      Stephen Birman on 640 Toronto | Kelly Cutrara | June 17, 2020

      On June 17, 2020, Thomson Rogers personal injury lawyer Stephen Birman was interviewed by Kelly Cutrara of 640 Toronto on a segment titled “Ontario mulls ‘good faith’ immunity from COVID-19 lawsuits.” “I’m here to say, as a lawyer who is representing residents of two of the hardest hit long term-care facilities in Ontario, the Altamont … Continued

    • Thomson Rogers Current Events Webinar Series: COVID-19 And Nursing Homes

      Thomson Rogers Current Events Webinar Series: COVID-19 and Nursing Homes     Thank you to everyone who attended our Thomson Rogers Current Events Webinar Series “COVID-19 nd Nursing Homes” held June 12, 2020 conducted by Thomson Rogers’ personal injury lawyers Stephen Birman, Lucy Jackson and Ava Williams. To view all previous Thomson Rogers Webinar Series … Continued

    • Stephen Birman and Lucy Jackson Featured In National Post In Article Discussing Altamont Care Community

      Stephen Birman and Lucy Jackson in The National Post | by Lee Berthiaume | June 7, 2020

      On June 7, 2020, Thomson Rogers lawyers Stephen Birman and Lucy Jackson were featured in an article titled “Canadian troops might be called to testify in lawsuits against long-term care homes” by Lee Berthiaume of The National Post. The article outlines how the military had more than 1,000 service members in 15 long-term care facilities … Continued

    • Disability Claims Likely To Rise Due To COVID-19

      Short and long term disability claims are likely to rise exponentially as employers begin the process of calling employees back to work. A huge surge of claims should be anticipated as the psychological impacts, after months of quarantine, will be widely felt and cannot be overstated. While some of us are ready and able to … Continued

    • How Car Insurers Can Help Accident Victims During The COVID-19 Crisis

      We are in the midst of an unprecedented COVID-19 Crisis, and while everyone is facing challenges, individuals who were already recovering from traumatic injuries face unique challenges. These individuals are those that were facing devastating life challenges before the global pandemic hit. They were working diligently with rehabilitation providers and caregivers on their way to … Continued

    • End of the year Settlements – Tis the Season to get Settled

      By Stephen Birman

      After a decade of handling personal injury claims, I am able to confirm that insurance claims settle more frequently at the end of the year than at any specific time during the year. There is something about the end of the year that adds motivation for everyone involved to find a resolution. But what is … Continued

    • Stephen Birman in Law Times discussing Surveillance and Social Media in Personal Injury Cases

      Law Times | Stephen Birman Featured | November 20, 2019

      On November 20, 2019, Thomson Rogers partner Stephen Birman was featured in an article by Elizabeth Raymer in the Law Times discussing an Ontario Court of Appeal decision on “Surveillance and social media in personal injury cases.” “I think what’s interesting is that the trial judge took such a sweeping approach in terms of excluding all the surveilllance, … Continued

    • 2019 Provincial ABI Conference – OBIA

      Thomson Rogers is proud to once again be the Diamond Sponsor of the Ontario Brain Injury Association’s 2019 Provincial ABI Conference.  As the Diamond Sponsor, we are happy to subsidize the registration of survivors and family members. The conference is being held on November 6-8, 2019, and its focus is on “Forging New Pathways, Navigating Challenges, … Continued

    • What to Expect at the Mediation of your Personal Injury Claim – One Lawyer’s Perspective

      After years of litigation, I have noticed that clients look forward to mediation with great anticipation. It is the day they hope to see their case resolved. While not all cases settle at mediation, almost all lengthy personal injury claims involve at least one mediation before going to trial. Every lawyer views and handles mediation … Continued

    • LAT Decision – Shane Minty vs. Motor Vehicle Accident Claims Fund

      Overview/Background: 1. On May 1, 2015, SM, the applicant, was driving a motorcycle when it travelled across the oncoming traffic lane, struck a curb, went over the grass boulevard and hit an electrical box sending the applicant head first into a tree. Paramedics noted a Glasgow Coma Score (GCS) of 6/15. He was diagnosed with … Continued

    • End use of ghostwriters in medical reports: lawyers

      Law Times | by Marg Bruineman, quoting Stephen Birman | June 25, 2018

      Lawyers who act for plaintiffs in personal injury cases are calling for the end of the use of ghostwriters in the creation of expert medical reports. And although the issue hasn’t often been directly addressed in Ontario courts, there is indication that the judiciary has found problems with the approach. . . . Personal injury … Continued

    • Expect more Charter challenges in benefit disputes

      Law Times | by Michael McKiernan, quoting Stephen Birman | November 13, 2017

      The provincial attorney general’s failure to defend the constitutionality of its Minor Injury Guideline has helped open the floodgates to Charter challenges in accident benefit disputes, says a Toronto insurance lawyer. Under the Statutory Accident Benefits Schedule, the MIG limits medical and rehabilitation expenses to $3,500 for minor injuries, defined as one or more of … Continued

    • UPDATE on Dr. Garry Solomon, a former Orthodontist in Belleville

      Recent media reports have confirmed the death of Dr. Garry Solomon, a former orthodontist in Belleville, Ontario. Despite his passing, Thomson Rogers continues to evaluate the most efficient means of assisting victims in pursuit of potential civil claims against Dr. Solomon. These claims can still be advanced against Dr. Solomon’s estate so please sign up, if … Continued

    • ABR Updater: Statutory Accident Benefits Schedule Discriminates Against Chronic Pain Victims And Violates Charter Rights

      ABR Updater, Issue 41 | by Stephen Birman | October 2017

      On September 14, 2017, FSCO Arbitrator Benjamin Drory declared that the Minor Injury Guideline (“MIG”) insofar as it applies to “chronic pain” victims of motor vehicle accidents is unconstitutional and in violation of section 15 of the Charter of Rights and Freedoms. The decision rendered in Abyan v. Sovereign General Insurance Company is a landmark ruling … Continued

    • Licence Appeal Tribunal Case Law and Growing Pains

      Posted June 14, 2017

      The Licence Appeal Tribunal (“LAT”) began hearing accident benefits disputes on June 1, 2016. Since June 1, 2016, there have been approximately 100 decisions rendered by LAT adjudicators. In this article, I review a few of the important cases to date and the principles emerging from them. The overriding theme from the claims decided to … Continued

    • 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

    • Judge Condemns Practice of Ghostwriting Expert Reports

      by Stephen M. Birman | March 10th 2017

      Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation. Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her … Continued

    • Latitude exists on two-year limitation period

      Law Times | by Marg. Bruineman, Stephen Birman quoted | January 16, 2017

      A recent decision serves as a reminder that judges have some latitude in the two-year limitation period in motor vehicle accidents where there is serious and permanent injury. But even in circumstances when discoverability of the extent of the injury is delayed, lawyers may open themselves up to liability. In Schaefer v Ayeneababa, the defendant … 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

      • Motor Vehicle Accident Victims Can Claim Attendant Care Expenses Incurred Prior to Submitting a Form One

        Accident Benefits Reporter Volume 15, Issue 2 | November 2014

        An accident benefits insurer must consider retroactive attendant care claims advanced in an Assessment of Attendant Care Needs (Form 1) that is submitted to the insurer. In Kelly v. Guarantee Company of North America (“Guarantee Company”), this issue was recently decided by Arbitrator John Wilson in favour of the insured, where the Guarantee Company argued … 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

      • How to Succeed before the Financial Services Commission of Ontario: Practice Tips from Mediation to Arbitration – The Insured’s Perspective

        Ontario Trial Lawyers Association's "FSCO Arbitrations & Accident Benefits: The Nuts & Bolts" Seminar | September 27, 2011

        Appearing before the Financial Services Commission (FSCO) presents counsel with the unique opportunity of litigating a case from start to finish within a world where alternative dispute resolution prevails over going to trial. Although similarities exist between FSCO and the Superior Court, proceeding by way of Arbitration is a stream-lined and costeffective process that is … Continued

      • Facebook and It’s Role in the Litigation Process

        Thomson Rogers Continuing Legal Education Seminar | August 31, 2011

        Best practices for dealing with clients and requests for Facebook information. What is Facebook? How is Facebook Relevant to a Practice? Review of the Case Law and Pending Motion Other Ethical Issues Associated with Facebook/Social Media as they Apply to Our Practice. View PowerPoint Presentation: Facebook and It’s Role in the Litigation Process