Forward Thinkers.
Strategic Litigators

Voted by our peers as one of Canada's top 10 insurance defence firms

STRONG

TOGETHER

“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

Jessica Bacopulos

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Frank A. Benedetto

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Sean A. Brown

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Richard Campbell

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Michael W. Chadwick

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K. Bruce Chambers

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Sophia Chaudri

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Marianne D. Davies

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Sam Davies

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Aimee M. Draper

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Christopher Lupis

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Candace Mak

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Todd J. McCarthy

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Michael McChesney

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Maggie Morgan

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Danielle Ralph

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Jean-Claude (J.-C.) Rioux

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April Snow

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Brittanny K. Tinslay

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Catherine H. Zingg

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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.

Our Firm has been voted by Canadian Lawyer Magazine as a Top 10 Insurance Defence Boutique Law Firm in Canada for 2015-2016, 2017-2018 and 2019-2020.

This is who we are. Forward thinking strategic litigators. We are here for you.

Practice
Areas

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.

Recent
Decisions

Todd McCarthy persuaded the Ontario
Court of Appeal that the "But For" test
for causation applies to SABS claims

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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

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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

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V.R. and Aviva Insurance
Company, March 2019;
upheld upon
reconsideration

Brittanny Tinslay successfully
defeated claims for medical
and rehabilitation expenses despite
allegations of chronic pain syndrome

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Sabadash v. State Farm et al., 2019

Todd McCarthy persuaded the Ontario Court of Appeal that the “But For” test for causation applies to SABS claims

VIEW THIS DECISION

A.B. v. Waite, 2018

Todd McCarthy’s successful trial outcome, highlighting the effect of the 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

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V.R. and Aviva Insurance Company, March 2019; upheld upon reconsideration

Brittanny Tinslay successfully defeated claims for medical and rehabilitation expenses despite allegations of chronic pain syndrome

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The Firm’s experience and tactical approach allows it to effectively represent class action plaintiffs.

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.

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Community

We are proud supporters of several worthy organizations including:

We’re Here.
Let’s Talk.

Toronto: 416.368.0231
Whitby: 905.666.0231
Ottawa: 613.565.1231

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