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

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

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

Sabadash v. State Farm et al. 2019 ONSC 1121 (CanLII) – a seminal causation decision on But For test for SABS;

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

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

Ngo v. Miller 2018 ONSC  526 – involving dismissal of punitive damages;

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;

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

A.B. v. Waite 2018 ONSC 2151 – deduction of collateral benefits;

Kwok v Abecassis 2017 ONSC – Three Impacts but One Accident;

Brown v Electri-City 2017 ONSC – Costs further to a Jury Verdict of no liability in Occupier’s ‎Liability Trial;

Calliste v State Farm 2016 ONSC – Summary Judgment in MIG case;

Sabourin v McKeddie 2016 ONSC – Summary Judgment in Social Host context;

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

Paramandham v Holmes 2015 ONSC – Summary Judgment in MIG cases;

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

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

Gilbert v. South, CA 2015 – Inflammatory closing address;

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

Kulyk v. Cramp, SCJ 2014 – the right to trial by jury;

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

Hoang v. Vicentini, SCJ, 2013 – misconduct, inflammatory addresses;

Gordyukova v. Certas, CA, 2012 – change of forum in accident benefit disputes;

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

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

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

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;

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;

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);

Russo v. The Personal, CA, 2009 – an incident not found to be an accident under the SABS;

Joseph v. Paramount Canada’s Wonderland, CA, 2008 the definitive Limitations Act ruling;

Wilkins v. Rogers, SCJ, 2008 – successful Class Action;

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

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

 

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)

* Professional Corporation