Richard Campbell

“I pride myself on providing timely, concise and focused advocacy on behalf of those whom I represent. Engaging in the legal issues and preparing a case for adjudication are what I like to do best. As a litigation lawyer, I enjoy the challenge of managing information effectively, with the goal of ultimately presenting a case. To me, these are the hallmarks of resolute advocacy and effective representation.”

Toronto – Whitby – Ottawa
905-666-0231 ext. 222
rcampbell@fmlaw.ca
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Donna Long, Assistant
905-686-6448 ext.255
dlong@fmlaw.ca>
Ann Davison, Law Clerk
905-686-6448 ext.256
adavison@fmlaw.ca</a

Richard joined the Firm after working for a leading, fully-service national law firm in Calgary, Alberta, appearing before various levels of Court in Alberta. During his final year of law school, Richard had the privilege and the honour of being awarded a Clerkship with the Provincial Court of Alberta, where he provided research and support to Judges of the Civil, Criminal and Family law divisions of that Bench. Richard graduated from the University of Calgary with Dean’s List Standing, which recognized the top 10 students in each year of the program at the law school. Richard also graduated with various academic awards reflective of his deep understanding of the legal curriculum.

Richard continues an active civil litigation practice at the Firm, focusing on the resolution of insurance related disputes, primarily in relation to the defence of statutory accident benefits, bodily injury and property-related claims.

Education

Called to the Alberta Bar (2014), Called to the Ontario Bar (2015)
J.D., University of Calgary, Faculty of Law, 2013
M.A. Political Science, University of Western Ontario, 2008
B.A.(Hons.) Political Studies, Queen’s University, 2007

Awards

Dean’s Honour List, University of Calgary, Faculty of Law, 2012/2013
Jason Lang Academic Scholarship, 2012
Alan D. Hunter Award for Distinction in Evidence Law, 2012
W. Bernie Kelly, Q.C., Memorial Prize for Distinction in Legal Ethics, 2012
Western Graduate Research Scholarship, 2007
Western Teaching Assistant Entry Award, 2007

Memberships

Law Society of Alberta
Canadian Bar Association
Ontario Bar Association
The Advocates’ Society

Selection of Cases

Summary Judgment re Bicycle and Car Accident: Desbois v. Wood, 2019 ONSC 3586 –  successful summary judgment motion dismissing the plaintiff’s case in a bicycle vs motor vehicle accident case.

Summary Judgment re Occupiers’ Liability (Amusement Park): Sauve v. Canada’s Wonderland, 2016 ONSC 881 – successful summary judgment motion dismissing the plaintiff’s claim for injuries at an amusement park, Successful Occupiers’ Liability summary judgment motion with respect to liability.

Summary Judgment re Consent to Possession: Kapadia et. al v. Bello et. al, unreported, January 23, 2017 – successful summary judgment motion dismissing the plaintiff’s claim, and the crossclaims, due to lack of consent to possession of the automobile.

MIG Determination and Pre-104 Week IRB Determination: 17-004982/AABS v. Certas Home and Auto Insurance Company, 2018 CanLII 13154 (ON LAT) – successful defence of a pre-104 week IRB claim with costs.

Assault is Not an Accident: SK and GP v. Certas, 19-002821/AABS and 19-002840, released March 13, 2020 – preliminary issue confirming that an assault is not a motor vehicle accident in the context of a SABS dispute.

Security for Costs Awarded: Yazdani v. Ezzati, 2015 ONSC 8159 – successful motion compelling the out of province plaintiff to post security for costs in the context of a motor vehicle accident case, with leave to appeal denied.

Costs: Yazdani v. Ezzati, 2015 ONSC 8161 – decision awarding costs of the motion.

Staging of Payment of Security for Costs: Yazdani v. Ezzati, 2015 ONSC 8160 – decision regarding payment of security for costs.

Motion regarding Registrar’s Dismissal Order: Sharma v. Peralta, 2016 ONSC 3997 – reasons relating to the setting aside of a Registrar’s Dismissal Order.

Registrar’s Dismissal Order: Laderian v. Olaosebikan, 2014 ONSC 7482 – a principled opposition to a motion attempting to set aside the dismissal of a plaintiff’s claim.

Failure to Serve Statement of Claim: Sharma v. Peralta, [2015] O.J. No. 7350 – consideration of the principles regarding allowing late service of the Statement of Claim.

MIG Determination17-003286 v. Certas Home and Auto Insurance Company, 2018 CanLII 81890 (ON LAT) – successful defence of a MIG claim.

MIG Determination: 17-005145 v. Certas Home and Auto Insurance Company, 2018 CanLII 76428 (ON LAT) – successful defence of a MIG claim.

IRB Determination before 104 weeks: A.H. v. Certas Home and Auto Insurance Company, 2019 CanLII 101449 (ON LAT) – successful defence of a pre-104 IRB claim.

IRB and MIG Determination: 17-004982/AABS v. Certas Home and Auto Insurance Company, 2018 CanLII 13154 (ON LAT) – successful defence of multiple claims including IRB and medical benefits.

Reconsideration and Procedural Fairness: SM v. Certas Direct Insurance Company, 2019 CanLII 43904 (ON LAT) – reconsideration victory concerning important principles associated with procedural fairness.

Claim for Catastrophic Impairment Examinations denied due to post-accident work history: MY v. Certas, 19-0001004/AABS – successful defence of a claim for battery of catastrophic impairment examinations where the insured had a clear post-accident work history.

Appeal decision regarding qualification of experts and FLA Damages: Rodrigues v. Purtill, 2019 ONCA 740 – quantum of FLA damages and consideration of who is qualified to give an opinion on the threshold under the Insurance Act.

Appeal decision regarding enforceability of litigation agreement: Kampers v. York Fire & Casualty Insurance Company2019 ONCA 56 – reasons concerning withdrawal of a litigation agreement regarding the governing law in a motor vehicle damages case.

Statutory Interpretation of Medical ReasonsHedley v. Aviva Insurance Company of Canada, 2019 ONSC 5318 – consideration by Divisional Court of the determination of medical and other reasons in the context of an accident benefits case.

Defence Medical Examination Considerations: Daggit v. Campbell, 2016 ONSC 2742 – motion decision concerning the circumstances under which a defence medical examination will be ordered.

Production of Relevant and Material Documents: Rolle v. Rolle, [2019] O.J. No. 6874 – motion seeking production of multiple medical records from 10 years prior to the accident to defend the case on causation.

Production of Relevant and Material Documents: Jenkins v. Butt, [2015] O.J. No. 7349 – motion decision compelling the plaintiff to produce the complete medical brief from a prior accident and compelling production of information related to prior settlement of bodily injury claim.

Motion to Traverse an Action: McQuaig v. State Farm, [2018] O.J. No.7276 – motion successfully opposing a motion to attempt traversal from the Small Claims Court into Superior Court.