Frank A. Benedetto, Managing Partner

“It is a privilege to be an advocate and an officer of the Court. I focus on the goal our client wants to achieve, and pursue that goal with determination and integrity. Your solutions will be inspired by vision and experience.”

Toronto – Whitby – Ottawa
416-368-0231 ext. 225
fbenedetto@fmlaw.ca
Twitter: @FrankBenedetto
LinkedIn: Frank Benedetto
vCard

Daniella Pericao, Law Clerk
416-368-0231 ext.234
dpericao@fmlaw.ca
Linda Veizaj, Law Clerk
416-368-0231 ext.261
lveizaj@fmlaw.ca

Frank is the Managing Partner of Flaherty McCarthy LLP. He is sought after counsel in complex tort, insurance, and accident benefit claims, including catastrophic, priority and loss transfer disputes, and cross border matters. Frank’s clients include major insurance companies, corporations and the injured, facing challenging disputes. He appears before all levels of court in Ontario, in private arbitrations, and the Licence Appeal Tribunal. His successful litigation approach is driven by both sophisticated and sensible advocacy. In addition to maintaining a full litigation practice, Frank is frequently retained to act as mediator to facilitate the resolution of disputes, which he finds very satisfying.

In upholding important traditions of the legal profession, he contributes to education, and volunteers. Frank has taught Insurance Law at the University of Queen’s Faculty of Law, has been a participant of Osgoode Hall Law School’s Insurance Law Praxicum, and presents for a variety of legal organizations. He has been an Articling principal, and is dedicated to mentoring, which he finds very rewarding. Frank has volunteered on Boards and organizations involving our communities and the legal profession. He is the past President of the Thomas Moore Lawyers’ Guild (Toronto), and has been a campaign lawyer, campaign fundraiser, and President and Chief Executive Officer of a Federal Riding Association.

By implication, Frank is a bon vivant. When not practicing law, he enjoys spending time with his wife, three teenagers, and dog Charlie.

Education

Called to the Ontario Bar, 1999
LL.B., on Entrance Scholarship, Osgoode Hall Law School, 1997
B.A.(Hons.), on Scholarship, Summa Cum Laude, York University, 1994

Memberships

Canadian Bar Association
Canadian Defence Lawyers
Ontario Bar Association
The Advocates’ Society
Thomas Moore Lawyers’ Guild (Toronto)

* Professional Corporation

Selection of Cases

Loss Transfer: Federation v. Kingsway, 2012 ONCA 218 – definitive case on the loss transfer limitation period under the Limitations Act.

Change of Forum: Gordyukova v. Certas, 2012 ONCA 563 – change in forum for accident benefits.

Standard of Review, Priorities Dispute, Leave to SCC Denied: Intact v. Allstate, 2016 ONCA – comprehensive discussion of standard of review on appeal from insurance arbitration to Superior Court.

Economic Loss – Attendant Care – Net vs. Gross pay re SABS: Morten v. Aviva, 2017 FSCO Appeal – net pay lost (not the gross pay) of the non-professional attendant care provider is payable.

Priority Dispute OPCF-16: Allstate v. State Farm, 2018, private arbitration – section 227(1) of the Insurance Act, OPCF-16, and reduction of motor vehicle liability coverage to comprehensive coverage.

First LAT vs. FSCO Forum Case: Duong v. Aviva, 2017 FSCO Appeal – first case dealing with the overlap between FSCO and LAT.

Scope of EUO: Aviva v. Balvers, 2007 CanLII 17193 ONSC – longstanding precedent setting case regarding the scope of the accident benefit Examination Under Oath.

Rent Differential as a Medical Benefit: S.R. vs. Certas Home and Auto Insurance Company, 2020 ONLAT 18-006442/AABS – considered larger accommodation and payment of same as a medical benefit.

Costs in Tort Action After AB assignment and Settlement: Moore v. Cote, 2008 CanLII 45827 (ON SC) – Costs argument after the defendant was assigned accident benefits of the plaintiff and settled the claims; consideration of net of collateral benefits in R. 49 offer.

Rescission of Old Settlement: Tew v. Aviva, 2016 FSCO Appeal – rescinding old settlement.

Production of Notes, Policy Documents and Reserves: Rex v. General Accident Assurance Co. of Canada, 2001 CarswellOnt 264, [2001] O.J. No. 348, 102 A.C.W.S. (3d) 1053, 25 C.C.L.I. (3d) 254.

Selection of Presentations and Papers

Queen’s University Faculty of Law: Insurance Law Course, Sessional Instructor, 2013 to 2018; Personal Injury Advocacy Course, Guest Lecturer and Cross-Examination Demonstrations, various classes.

Osgoode Hall Law School: Insurance Law Course, Praxicum Participant for Upper-Year JD Students Experiential Learning, 2013 – .

Canadian Defence Lawyers: Loss Transfer / Priority Disputes – How to prepare for your first PD/LT Arbitration, Panelist, February 28, 2019.

Canadian Defence Lawyers: The Accident Benefits Fall Classic – The Latest Concerns & Trends with the IME, Panelist, November 1, 2018.

Toronto Lawyers Association (TLA) Update – Hear from the Experts on Personal Injury Law, Panelist, May 15, 2018.

Ontario Bar Association: Effective Litigation Strategies on Motions and at Trial – Cost Submissions on Motions and at Trial: The Evolving Trend of Proportionality, Paper with Sean Van Helden (Kelly Santini LLP) and Michael McChesney (then articling student at Flaherty McCarthy LLP), April 19, 2017.

Canadian Defence Lawyers: The Accident Benefits Fall Classic – The Interplay Between Accident Benefits and Tort for an Effective Mediation, Presentation, October 20, 2015.

Flaherty McCarthy LLP and InHealth: Trying it on for Size – How will a Tribunal System Impact the Claims Department, Keynote Address from the Honourable J. Douglas Cunningham, Panel Moderator, May 6, 2014.

LSUC: The Oatley McLeish Guide to Motor Vehicle Litigation 2014 – Implications of Criminal Convictions on Statutory Accident Benefits, Paper and Presentation, March 26 and 27, 2014, Second Day.

Canadian Independent Adjusters’ Association (CIAA) Educational Seminar, AB / BI Issues and Strategies (with Rikin Morzaria then of McLeish Orlando LLP), Presenter, Friday April 19, 2013.

The Advocates’ Society: Advocates’ Society Tricks of the Trade – Putting Together Successful Discovery Plans, Presenter, January 21, 2011.

Infonex, Inc: Insurance Litigation Conference – Current Issues in Uninsured and Underinsured Coverage, Presenter, June 20-21, 2006, Second Day.

Key Current Issues Seminars: Flaherty McCarthy LLP, Tort, Accident Benefits, Insurance and Civil Procedure Issues, various years.

In-Firm and Client Seminars: Tort, Accident Benefits, Insurance, Mediation, Arbitration, and Civil Procedure Issues, 1999 – .