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 frequently helps victims of car accidents, slip and falls and sexual abuse advance personal injury claims. Stephen prides himself in his ability to help clients understand and feel informed and in control throughout the various stages of the litigation process.

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 organisation 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

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    • 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

    • Risks Not Resolved by Ridesharing Insurance

      Law Times | by Judy Van Rhijn, Stephen Birman quoted | October 17, 2016

      The superintendent of the Financial Services Commission of Ontario has approved an auto insurance policy that covers all Uber drivers, passengers and vehicle owners in Ontario from the moment the Uber app is turned on to the moment passengers exit the vehicle. This addresses one of the public’s biggest concerns with the ride-booking service, namely that … Continued

    • The Self-Driving Car Blame Game: Who’s Liable For Accidents Now?

      Commentary by Stephen M. Birman and Mary Cummings | July 12, 2016

      The idea of a self-driving car is one we’re all familiar with from movies, television shows, and novels. Well, the future is upon us as these vehicles can be found on our roads right now. While Tesla’s latest self-driving creation is quite the leap forward, there will always be those who are wary of this … Continued

    • Forest Hill Scaffolding Collapses

      Posted April 18, 2016

      I literally went on a walk with my son past this scaffold site the day before this collapse. This accident caught my attention as I represent clients who were injured in a separate scaffold collapse. In cases like this the contractor owes a duty of care to the public to ensure that it carries out … Continued

    • To MIG or not to MIG, that is the question

      On March 26, 2013, a decision was rendered by the Financial Services Commission of Ontario in the case of Lenworth Scarlett and Belair Insurance Company Inc. The applicant, Lenworth Scarlett, suffered soft tissue injuries, psychological injury and a TMJ injury arising from a motor vehicle accident which occurred on September 18, 2010. The decision of … Continued

    • 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

    • 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

    • 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

    • 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

    • The 3 Most Important Changes to the Ontario Statutory Accident Benefits Schedule From the Perspective of Hospital Trauma Workers

      Anyone injured in a car accident is entitled to accident benefits (also known as no-fault benefits).  The Statutory Accident Benefits Schedule (the “SABS”) sets out a person’s benefit entitlement and the process to access those benefits. Several significant changes have been made to the SABS effective September 1, 2010.  These changes may have an impact … Continued

    • Feints and Flanks: The Winning Conditions for Motions as Effective Manoeuvres

      Presented at Sharpening the Sword II: Tactics and Strategies for Lock n' Load Litigation, Ontario Bar Association

    • Best Practices for Hiring

      Presented at Canadian Institute, 5th Annual Advanced Forum on Employment Law