Jerome Morse conducts a trial and appellate advocacy practice in the field of civil litigation. His practice areas include personal injury and fatalities involving motor vehicle collisions, medical (health care) malpractice, product liability, public authority, aviation and occupier liability; casualty, property and disability insurance litigation; professional negligence (physicians/lawyers/ engineers/accountants); corporate commercial and commercial insurance (including directors and officers) litigation; banking litigation; and class actions.

Jerome is a Fellow of the American College of Trial Lawyers (ACTL). ACTL’s qualification requirements approve membership as a Fellow only to trial lawyers “who are unquestionably and eminently qualified… outstanding and considered the best in a state [or province] … [who have] high ethical and moral standards and excellent character … and are actively engaged in trial work as their principal activity.”

In 1990, Jerome was certified by the Law Society of Upper Canada as a specialist in the area of civil litigation.

Jerome has been named one of Canada’s 500 Leading Lawyers by Lexpert®, which identifies Jerome as a frequently recommended practitioner in personal injury, medical negligence (plaintiffs) and product liability and a repeatedly recommended practitioner in commercial insurance litigation.

McNeil v. Brewers Retail Inc. et al., [2008] O.J. No. 1990 (C.A) – Jerome Morse and Erica Toews of Adair Morse LLP and Kirk Stevens of Lerners LLP recently successfully represented Doug and Terry McNeil and the Court of Appeal, where the court upheld a jury verdict against Brewers Retail Inc., requiring payment for damages and costs of approximately $2,350,000.00. Brewers Retail Inc. maliciously prosecuted Douglas McNeil for a workplace theft they knew he did not commit when it supplied the police with apparently incriminating surveillance videotapes and summaries of such videotapes while failing to reveal the evidence it knew exonerated him. This judgment represents the largest reported damages award for a claim for malicious prosecution.

Brewers Retail Inc. appealed both liability and the quantum of damages to the Ontario Court of Appeal, and also mounted arguments based upon lack of jurisdiction and res judicata. The appeal was dismissed on all grounds in reasons released May 22, 2008, reported at [2008] O.J. No. 1990 (C.A.). The Court of Appeal found there was no reason to interfere with the jury's damages award, noting in particular that the awards for aggravated damages and punitive damages "reflect[ed] the jury's sense of outrage at BRI's conduct and the enormity of the harm it concluded McNeil had suffered."

The court stated at paragraph 65:

By its verdict, it is apparent that the jury viewed BRI as a Calculating and insensitive company that was prepared, for its own purposes,to see an innocent man convicted of a crime he did not commit. As counsel for the respondents points out, the duplicity and deception practiced by BRI was not limited to a one-time act of folly that occasioned limited harm; rather, BRI carried on the charade for the better part of thirteen years. Notably, as late as 1995, BRI continued its duplicity at the arbitration hearing and in the process, robbed McNeil of his reputation, his employment, his dignity and his self-respect. Shocked and devastated by his arrest, proclaimed publicly as a common thief, terminated from his employment, forced to go on unemployment insurance, forced to sell the family home and move to an apartment, forced to ensure anguish, stress and uncertainty of a thirteen-year ordeal - these are but some of the consequences McNeil was exposed to by reason of BRI's callous and malicious conduct.

Doug McNeil maintained from the moment he was falsely charged and throughout his 13-year battle that he was innocent and falsely accused, unfairly tried and convicted of a theft he did not commit and vowed he would obtain justice against Brewers Retail. His courageous battle to prove his accuser knew he was innocent of these malicious charges and the bring Brwers Retail to justice has concluded.

McNeil v. Brewers Retail et al – In June 2006, the firm represented Douglas McNeil with respect to his having  lost his job and suffering adverse publicity in the local papers when Brewers Retail falsely and maliciously prosecuted him for a theft he did not commit.  The jury awarded $1,700,000.00.  Justice Walters has reserved her ruling on the question of amount of the Plaintiffs’ solicitor and client costs of the trial to be paid by the Defendants.

CSS v. Eco Tech and Westmont Hospitality – The firm represented CSS, a manufacturer of electronic door lock systems (ELS) supplied to distributors to sell and install for the hospitality industry.  CSS sought payment of $100,000.00 from the Defendant, Eco Tech, for its supply of ELS Eco Tech installed at the Radisson Hotel operated by the co-Defendant, Westmont.  Eco Tech counterclaimed against CSS for $2 million on the theory CSS had breached an exclusive distributorship agreement.  The court awarded CSS its claim in full including prejudgment interest and dismissed Eco Tech’s counterclaim.  The court awarded CSS substantial indemnity costs of the proceedings of $235,000.00 against not only Eco Tech but also the principal of Eco Tech, Robin Hamamy, a non-party to the proceedings.  The court did so on the basis the principal of Eco Tech had caused Eco Tech to mount a spurious counterclaim as a deterrent to the Plaintiffs pursuing its rightful collection of the debt it was owed.  Westmont was required to pay $180,000.00 of the costs payable to CSS by Eco Tech and its principal, Robin Hamamy.

2005 Carswell Ont 9008 (Sup.Ct.J.)
[2006] O.J. No. 2875 (C.A.)

G.M. and Baby G.S. et al v. Dr. Chu et al – The firm represents Plaintiffs who sued Dr. Chu, an obstetrician, and others, for medical malpractice by reason of Dr. Chu’s failure to advise G.M., when pregnant with Baby G.S., of a prophylactic drug to protect Baby G.S. from the vertical transfer of the HIV virus.  The day prior to trial, Dr. Chu consented to judgment providing for payment of $6 million plus partial indemnity costs.  This award of damages is ten times the previous largest HIV award in Canada.  The court ruled against a premium on the partial indemnity fees payable by the Defendant, Dr. Chu.

[2006] O.J. No. 2762 (Sup. Ct. J.)

Shibley v. St. Joseph’s Health Centre et al – The firm represented the Plaintiffs in this compromised baby medical malpractice case.  Liability was eventually admitted for the birth trauma and all resultant damages were agreed to except for the cost of guardianship.  This issue was the subject of a four-week arbitration resulting in an award for guardianship of approximately $1.1 million, bringing the total judgment for the Plaintiffs, to approximately $6.85 million.

2003 WL 23181927 (Ont. S.C.J.), 2003 Carswell Ont 5576 (appeal of arbitral decision)
[2004] O.J. No. 470 (costs ruling)
[2004] O.J. 952 (disposition re leave to appeal)

Thomas v. Bell Helmets Inc. et al – In the first adverse verdict against Bell Helmets who had defended their products for 35 years, Mr. Morse obtained a jury verdict for the Plaintiffs when the jury held that Bell Helmets failed to warn customers of the potential for an improperly fitted helmet to “roll off” the head in a collision.  Bell Helmets’ portion of the Plaintiff’s $11.6 million damages was $2.9 million.  The Plaintiff was awarded solicitor and client costs of the trial.  Bell Helmets appeal of the jury verdict was unsuccessful. The Court of Appeal decision was released on November 16, 1999.

[1996] O.J. No. 2176 (Gen. Div.) (pre-judgment interest)
[1996] O.J. No. 1395 2 O.T.C. 259, 62 A.C.W.S. (3d) 681 (Gen. Div.) (trial decision)
[1999] O.J. No. 4293 126 O.A.C.. 353, 40 C.P.C. (4th) 31, 47 M.V.R. (3d) 303,92 A.C.W.S. (3d) 750

Osborne v. County of Bruce et al – Bruce County was found liable to a catastrophically injured passenger represented by Mr. Morse, when the vehicle she was in collided with another motorist at an intersection.  Liability arose from the County failing to adequately sign the intersection to alert motorists to the dangerous intersection or to ensure the stop sign at the intersection was visible as it was obscured by the growth of trees by the side of the road.  The Plaintiff was awarded $8.3 million for damages plus solicitor and client costs of the trial.

[1999] O.J. No. 50, (1999)
83 O.T.C. 326
(1999) 39 M.V.R. (3d) 159

Triten Corporation v. Borden & Elliot – The solicitor’s negligence, which resulted in the failure to close a real estate transaction to acquire new manufacturing premises for Triten, was admitted.  Triten, represented by Mr. Morse, had increased costs and decreased profits as a result of production inefficiencies and the need to move some of its production to another location.  The matter was arbitrated, resulting in an award of $2.6 million plus solicitor and client costs throughout as sought by Triten owing to the Defendant’s breach of fiduciary duty.

Triten’s motion for leave to appeal the award of prejudgment interest was granted on August 19, 1998, and the presumptive rate of prejudgment interest, which was double the average rate of prejudgment interest in the pre-trial period, was allowed.

[1998] O.J. No. 4750 (C.A.)

Dejong v. Owen Sound General Marine Hospital et al – A suicidal Plaintiff, represented by Mr. Morse, was hospitalized and flung himself against a window, escaped and ran into the path of a car, sustaining catastrophic injuries.  Mr. Morse established the negligence against the hospital, nurses and treating physician in relation to the failed diagnosis, treatment, management and inadequacy of the hospital ward.  The Plaintiff was awarded $2.8 million for damages plus solicitor and client costs of the trial.  The defendant’s appeal was dismissed.

(1997) 31 O.R. (3d) 78 (C.A.)
(1997) 31 O.R. (3d) 594 (C.A.) – costs

Goulin v. Goulin et al – Mr. Morse represented a surviving spouse who commenced action against the trustees of her deceased husband’s estate.  Notwithstanding the trustees consented to the relief sought by the Plaintiff at the outset of the litigation, the court awarded the spouse solicitor and client costs of the proceedings.

(1995) 26 O.R. (3d) 472
[1995] O.J. No. 3115

Bowser v. Atlantis et al – An eight-year old boy’s leg was crushed when a large coping stone dislodged from an apartment balcony and fell on him.  Mr. Morse established the liability of the owner and property manager because of their failure to inspect and detect that the stone was not properly anchored.  The Plaintiff was awarded $725,000.00 for damages plus solicitor and client costs of the trial.  The Court of Appeal dismissed the defendants’ appeal.

(1998), 110 O.A.C. 394, 79 A.C.W.S. (3d) 1276, [1998] O.J. No. 2085 (C.A.)

Talbot v. Tri-Line Express – The driver/owner of a transport truck was found entirely at fault for overtaking the Plaintiff’s vehicle making a left turn.  The 83-year old Plaintiff, represented by Mr. Morse, was catastrophically injured and was awarded $3.2 million for damages plus solicitor and client costs of the trial.

Mortimer v. Cameron, Stingray and City of London – The Plaintiffs’ verdict obtained by Mr. Morse against the City of London, and the subsequent unsuccessful appeal by the City of London, are leading and often referred to decisions.  The City of London and the property owner were found liable to the catastrophically injured Plaintiff who fell down stairs and through an exterior wall that had been improperly maintained by the owner and approved by the City of London, despite not meeting the requirements of the Ontario Building Code and city by-laws.  The Plaintiff was rendered quadriplegic.  The Plaintiff was awarded $5.5 million for damages plus solicitor and client costs.

(1994) 17 O.R. (3d) 1 (C.A.)
[1994] S.C.C.A. No. 150 (S.C.C.)