Todd J. McCarthy

Todd J. McCarthy

Todd J. McCarthy

Todd J. McCarthy, Partner

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

Donna Long, Assistant
905-686-6448 ext. 225
dlong@fmlaw.ca

Kim Meadows, Assistant
905-686-6448 ext. 240
kmeadows@fmlaw.ca

Ann Davison, Assistant
905-686-6448 ext. 230
adavison@fmlaw.ca

Trish Martinolich, Senior Law Clerk
905-686-6448 ext. 223
pmartinolich@fmlaw.ca

Loretta Wilkins, Senior Law Clerk
905-686-6448 ext. 231
lwilkins@fmlaw.ca

Bev Tingey, Senior Law Clerk
905-686-6448 ext. 237
btingey@fmlaw.ca

Profile

Todd has a well earned reputation as one of the best insurance trial and appellate lawyers in Ontario, having appeared in over 100 jury and non-jury trials and a multitude of arbitrations. He is consistently called upon to deal with challenging and complex litigation including multi-jurisdictional disputes, and is always at the forefront of seminal legal issues. Todd is one of the youngest lawyers in Ontario to have been Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada. His superb command of substantive and evidentiary law and exceptional presentation of a case is only, in small part, reflected by Todd’s work in reported cases involving coverage (Bawden v. Wawanesa, CA, 2013), misconduct, inflammatory addresses (Hoang v. Vicentini, SCJ, 2013), and the role of the trial judge (Ross v. Bacchus, CA 2015), (Gilbert v. South, CA 2015), the change of forum in accident benefit disputes (Gordyukova v. Certas, CA, 2012), priority of payment and time limits (Ontario (Finance) v. Pilot, CA, 2012), the dual decisions on the right to insurance examinations based on fairness (State Farm v. Ramalingam, Div. Crt., leave to appeal to the CA refused, 2009), and Certas v. Gonsalves, Div. Crt., leave to appeal to the CA refused, 2011), an incident not found to be an accident under the SABS (Russo v. The Personal, CA, 2009), the definitive Limitations Act ruling (Joseph v. Paramount Canada’s Wonderland, CA, 2008), a priorities case on notice that led to a change in Regulation (Allstate v. Motor Vehicle Accident Claims Fund, CA, 2007), three class action matters (Wilkins v. Rogers, SCJ, 2008, Rowlands v. Regional Municipality of Durham SCJ, 2011, and Travassos v. Regional Municipality of Peel, SCJ, 2011), final versus interlocutory orders (Mullin v. Lagace, CA 2015), the right to trial by jury (Kulyk v. Cramp, SCJ 2014), (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), the interplay between deductibility of collateral benefits and a Rule 49 offer (Moore v. Cote, SCJ, 2008), and (Giordano v. Li, SCJ 2015), and important evidentiary rulings on experts (Igbokwe v. Price, SCJ, 2003) and (Kulyk v. Cramp, SCJ 2014).

Contributions and Interests

Todd combines enduring professional commitment to client success with countless contributions to the legal community, including instructing at the Trial Advocacy and Insurance Law courses at Queen’s University Faculty of Law, the Bar Admission Course of the LSUC, and the Durham College Faculty of Justice and Emergency Services. He regularly instructs at various advanced Ontario legal education programs, including those offered by the LSUC and The Advocates’ Society.

Todd has served as part-time deputy judge of the Superior Court of Justice for the Central East Region, president of the Thomas More Lawyers’ Guild (Toronto) and the Durham Region Law Association, and Director of The Advocates’ Society. His passion for community involvement and advocacy is reflected in his past service as Trustee and Vice-Chairman of the Board of the Durham Region Separate School Board and Chair of The Scarborough Hospital Foundation.

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)