“Flaherty McCarthy LLP’s representation in insurance defence litigation spans broad-ranging areas from the right to trial by jury to limitation periods to coverage issues. The Firm has produced a Federal Finance Minister, a Provincial Minister of Health, Deputy Premiers and a judge of the Superior Court of Ontario. Every lawyer works in motor vehicle tort, occupiers’ liability, statutory accident benefits, loss transfer and priority disputes, property claims, subrogated claims and coverage matters.
In the proud tradition of the profession, its lawyers are committed to teaching, mentoring and volunteering on boards and organizations involving its communities and the profession. The Firm’s lawyers fulfill their dual roles as advocates for their clients and officers of the court with intelligence, preparedness and integrity.”
– Canadian Lawyer Magazine, January 2019
A history of excellence
We are a prominent insurance litigation Firm founded in 1994, representing insurers and individuals across Ontario and the United States, from our offices in Toronto, Whitby and Ottawa.
We litigate, negotiate and mediate motor vehicle tort and accident benefit claims, including catastrophic, priority and loss transfer disputes, and occupiers’ and product liability matters. We assist our insurer clients develop an overall litigation strategy and manage risk. We also represent seriously injured people.
This is who we are. Forward thinking strategic litigators. We are here for you.
Every lawyer at our Firm defends jury and non-jury tort claims. We are retained to defend insureds including claims over policy limits, and insurers in underinsured, uninsured, unidentified, Family Protection and Statutory Third Party contexts. Our lawyers are experienced in defending negligence actions and property damage claims under home owner and other insurance policies for damages arising out of slip and falls, dog bites, fires, water, and defective product and maintenance. We also focus on claim recovery through subrogated actions.
Every lawyer at our Firm is highly skilled at advancing claims for seriously injured people and their families. We are an experienced team of professionals that are frequently called upon to advance claims for damages in tort, Statutory Accident Benefits and Disability Benefits, through to the conclusion of a trial or adjudication.
Our lawyers are available to act as mediator in motor vehicle tort and accident benefit matters, and as arbitrator for loss transfer and priority disputes. Please contact either Todd McCarthy, Frank Benedetto or Sean Brown to retain their services at a competitive rate.
Every lawyer at our Firm practices in Statutory Accident Benefits, including loss transfer and priority disputes. We are leaders in this area and have had great success on behalf of our clients acting before the Ontario Licence Appeal Tribunal, Divisional Court and the Court of Appeal. We defend all types of matters, including catastrophic and claims for special awards.
Insurers can save or recover large amounts of money in successfully advancing or defending loss transfer and priority disputes under the Insurance Act. Our lawyers have a long history of experience in handling loss transfer and priority dispute cases at both the arbitration and appeal levels. Flaherty McCarthy lawyers argue tort and accident benefits cases, which gives them the breadth of experience to successfully identify and resolve loss transfer and priority disputes, often resulting in significant savings for our clients.
We provide coverage opinions concerning the interpretation of insurance policies to insurers within Canada and the United States about the law of Ontario. Our lawyers also litigate coverage disputes.
Todd McCarthy persuaded the Ontario Court of Appeal that the "But For" test for causation applies to SABS claims VIEW THIS DECISION
Sabadash v. State Farm et al., 2019
A.B. v. Waite, 2018
Todd McCarthy's successful trial outcome, highlighting effect of monetary deductible, collateral benefits and PJI VIEW THIS DECISION
N.V. and Allstate Insurance Company, December 2019
Sophia Chaudri successfully defeated a claim for income replacement benefits on the basis of the limitation period VIEW THIS DECISION
Our clients benefit from the advancement of their cases which has lead to the growth of the law in this important area of our civil justice system.
Our Firm has chosen to represent Class Members in several important Class Proceedings. These claims have involved medical devices, public health concerns, Consumer Protection issues and serious privacy breaches.