Todd J. McCarthy

Todd J. McCarthy

Todd J. McCarthy

Todd J. McCarthy, Partner *

Toronto – Whitby – Ottawa
905-686-6448 ext. 226

Lisa Bellamy, Assistant
905-686-6448 ext. 238

Donna Long, Assistant
905-686-6448 ext. 225

Kim Meadows, Assistant
905-686-6448 ext. 240

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

Bev Tingey, Senior Law Clerk
905-686-6448 ext. 237


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 dismissal of punitive damages: Ngo v. Miller 2018 ONSC  526; coverage issues: Allstate Insurance Co. of Canada v. Badee, 2018 ONSC 1910, 2018 CarswellOnt 5704; deduction of collateral benefits: A.B. v. Waite 2018 ONSC 2151; Summary Judgment in MIG cases: Paramandham v Holmes 2015 ONSC ; Calliste v State Farm 2016 ONSC; Summary Judgment in Social Host context : Sabourin v McKeddie 2016 ONSC; Equitable Relief: ‎Bannister v McGraw 2016 ONSC; Three Impacts but One Accident: Kwok v Abecassis 2017 ONSC; Costs further to a Jury Verdict of no liability in Occupier’s ‎Liability Trial : Brown v Electri-City 2017 ONSC; The “But For” test for causation in SABS Cases : Sabadash v State Farm 2017 FSCO ( Director’s-Delegate); coverage (Bawden v. Wawanesa, CA, 2013);  misconduct, inflammatory addresses (Hoang v. Vicentini, SCJ, 2013); the role of the trial judge (Ross v. Bacchus, CA 2015), (Gilbert v. South, CA 2015); 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.


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


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

* Professional Corporation