Todd J. McCarthy, Senior Partner

“For more than 30 years I have been privileged to ‎act as an Advocate and as Counsel before Courts and Tribunals throughout Ontario. I am dedicated to providing fearless, fair and innovative advocacy. Honourable resolution of disputes is possible only when Counsel engaged in matters are experienced in the Courtroom and can assess cases based on probable outcomes in Court. Civility and fearless advocacy can and must co-exist. These must be the cornerstones of an independent Bar the members of which are also officers of the Court ”

Toronto – Whitby – Ottawa
905-686-6448 ext. 226
tmccarthy@fmlaw.ca
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Lisa Bellamy, Assistant
905-686-6448 ext. 238
lbellamy@fmlaw.ca
Patricia Martinolich, Law Clerk
905-686-6448 ext. 223
pmartinolich@fmlaw.ca
Donna Long, Assistant
905-686-6448 ext. 255
dlong@fmlaw.ca
Bev Tingey, Senior Law Clerk
905-686-6448 ext. 265
btingey@fmlaw.ca
Kim Meadows, Assistant
905-686-6448 ext. 264
kmeadows@fmlaw.ca

For thirty years and counting Todd has continually dedicated himself to advocacy, primarily as defence counsel. He welcomes the opportunity to advocate forcefully, but fairly, to achieve successful outcomes for his clients. He contributes to the body of law through decisions arising from cases in which he is involved as counsel. Todd fairly and constructively resolves disputes where appropriate, through mediation or other forms of negotiation.

Todd was the Defence Counsel Honouree for 2019 at the Ontario Trial Lawyers Association Annual Celebration of the Personal Injury Bar.

Todd’s contribution to the administration of justice includes teaching and mentoring, acting as mediator, intervening as independent counsel and acting for the defence at trial, on appeal, by way of arbitration and through motions for summary judgment.

Education

Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada, 1996
Called to the Ontario Bar, 1989
LL.B., Osgoode Hall Law School, 1987
B.A., With Distinction, University of Toronto, 1984

Memberships

Canadian Bar Association
Durham Law Association
The Advocates’ Society
Thomas More Lawyers’ Guild (Toronto)

* Professional Corporation

Selection of Cases

Coverage Dispute: Jeffrey Bradfield v. Royal Sun Alliance Insurance Company of Canada, 2020 CanLII 29389 (SCC) – waiver of coverage defence; leave to appeal to the Supreme Court of Canada granted with costs.

Causation and Accident Benefits: Sabbadash v. State Farm, 2019 ONSC 1121 (CanLII) – a seminal causation decision on But For test for SABS; leave to appeal refused 2019 ONCA.

Coverage Dispute: Pembridge v. Chu, varied 2019 ONCA – Application for Leave to SCC dismissed May 7, 2020.

Motion to Compel: D’Alessandro v. D’Alessandro (Estate), 2019 ONSC 5174 – motion to compel attendance at medical examination.

Trial Damages: Abdulhussein v. Barbeau, 2019 ONSC 966 (CanLII) – trial with zero future income loss.

Coverage Dispute: Pembridge Insurance Company of Canada v. Chu et al, 2019 ONSC 1359 (CanLII) – regarding a coverage question in a road rage incident.

Choice of Law: Kampers v. Acevedo, 2018 CarswellOnt 21298 – final versus interlocutory order on choice of law.

Summary Judgement Motion: Ngo v. Miller, 2018 ONSC 526 – involving dismissal of punitive damages.

Coverage Dispute: Allstate Insurance Co. of Canada v. Badee 2018 ONSC 1910, 2018 CarswellOnt 5704 – a coverage question under a homeowners’ policy in relation to a counterclaim.

Costs: Wesselink v. Canada’s Wonderland Company, 2018 ONSC 7520 (CanLII).

Deduction of Collateral Benefits: A.B. v. Waite, 2018 ONSC 2151 – deduction of collateral benefits.

Unidentified Motor Vehicle: Kwok v. Abecassis, 2017 ONSC – Three Impacts but One Accident.

Occupiers’ Liability: Brown v Electri-City Amusements Limited, 2017 ONSC 4006 (CanLII) – Costs further to a Jury Verdict of no liability in Occupier’s Liability Trial.

Summary Judgement Motion: Calliste v. State Farm, 2016 ONSC – Summary Judgment in MIG case.

Summary Judgement Motion: Sabourin v. McKeddie, 2016 ONSC – Summary Judgment in Social Host context.

Equitable Relief: Bannister v. McGraw, 2016 CarswellOnt 14792, 23 E.T.R. (4th) 124, 270 A.C.W.S. (3d) 887 – Equitable Relief.

Summary Judgement Motion: Paramandham v. Holmes, 2015 ONSC – Summary Judgment in MIG cases.

Costs: Mullin v. Lagace, CA 2015 – final versus interlocutory orders.

Costs: Ross v. Bacchus, CA 2015 – the role of the trial judge and costs consequences of failure to mediate.

Closing Argument: Gilbert v. South, CA 2015 – Inflammatory closing address.

Expert Witnesses: Kulyk v. Cramp, 2014 ONSC 5354, 2014 CarswellOnt 12789 – number of expert witnesses.

Jury Trial: Kulyk v. Cramp, SCJ 2014 – the right to trial by jury.

Coverage: Bawden v. Wawanesa, CA, 2013 – Homeowner’s coverage in a motor vehicle case.

Costs: Hoang v. Vicentini, SCJ, 2013 – misconduct, inflammatory addresses.

Change of Forum: Gordyukova v. Certas, CA, 2012 – change of forum in accident benefit disputes.

Priority: Ontario (Finance) v. Pilot, CA, 2012 – MVACF found to be in priority for SABS.

Class Proceeding: Rowlands v. Regional Municipality of Durham, SCJ, 2011 – successful Class Action.

Class Proceeding: Travassos v. Regional Municipality of Peel, SCJ, 2011 – successful Class Action.

Right to Insurer Examination: Certas v. Gonsalves, Div. Crt. – leave to appeal to the CA refused, 2011 – one of the dual decisions on the right to insurance examinations based on fairness.

Right to Insurer Examination: State Farm v. Ramalingam, Div. Crt. – leave to appeal to the CA refused, 2009 – one of the dual decisions on the right to insurance examinations based on fairness.

Jury Discharge: Legroulx v. Pitre – Intervenors: The Ontario Trial Lawyers Association and The Advocates’ Society, SCJ, 2008, appeal dismissed by the CA, 2009, leave to appeal to the SCC refused April 15, 2010).

Meaning of “Accident”: Russo v. The Personal, CA, 2009 – an incident not found to be an accident under the SABS.

Limitations Act: Joseph v. Paramount Canada’s Wonderland, CA, 2008 – the definitive Limitations Act ruling Wilkins v. Rogers, SCJ, 2008 – successful Class Action.

Priority: Allstate v. Motor Vehicle Accident Claims Fund, CA, 2007 – a priorities case on notice that led to a change in Regulation.

Experts: Igbokwe v. Price, 2003 CarswellOnt 1990 – important evidentiary rulings on experts.

 

Selection of Presentations and Papers

The Litigator 2019 –  Summary Judgement Article.

2004 – 2019 Presentations, Demonstrations and Papers for The Advocates’ Society / Osgoode CLE/ The Ontario Bar Association / The Ontario Trial Lawyers Association  / The Canadian Institute.

Advocates Quarterly – The Ontario Automobile Threshold: a Serious and important Question, 1994.

The Lawyers’ Weekly 1988 – The Senate: Reform or Abolition.