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| Practice |
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Michael Burgar has a wide range of experience as a litigator at all levels of court and administrative tribunals. His current practice is concentrated primarily on tort and insurance law cases.
Michael’s tort work includes personal injury, professional liability, medical malpractice, fire losses, construction litigation and commercial general liability matters. He also provides insurance coverage solutions as they relate to the duty to defend, the apportionment of defence costs, multi-policy coverage situations and policy language interpretation.
Michael has conducted many jury and non-jury trials and appeals. He is counsel of record in over 30 reported judgments. |
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| Professional Involvement |
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| Michael is a member of the Advocates’ Society, the Law Society of Upper Canada, the Canadian Bar Association (Ontario Section), the Law Society of British Columbia and the Defense Research Institute. |
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| Other involvement |
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| Michael provides pro bono legal advice and service to a non-profit social housing co-operative for special needs residents. He is a supporter of Amnesty International and the Stephen Lewis Foundation. |
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| NOTABLE CASES |
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Schaer v. Barrie Yacht Club, [2006] O.J. No. 3582 – Successful application for a declaration that a member of a non-profit social club was properly expelled from the club pursuant to the club's by-laws, and a permanent injunction prohibiting the member from attending on club property.
Tayler v. Babineau, [2006] O.J. No. 2010 (S.C.) – Successful personal injury jury verdict dismissed a third party claim against auto dealership based on alleged negligent maintenance of brakes.
Fasfous v. Provigo, [2005] O.J. No. 4668 (S.C.) – Successful personal injury jury verdict upheld in claim for chronic pain related to motor vehicle accident and slip and fall at a grocery store.
ING Insurance Company of Canada v. Federated Insurance Company of Canada (2005), 75 O.R. (3d) 457 (C.A.) – An appeal on the subject of equitable contribution between insurers to defence costs where there is a common insured and both insurers benefit from the defence.
Cummings v. Budget Car Rentals Toronto Ltd. (1996), 29 O.R. (3d) 1 (C.A.) – An appeal on the subject of the duty of the insurer of a car rental company to defend a driver who uses a rental car with the consent of the lessee. |
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| PUBLICATIONS/PRESENTATIONS |
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Michael has written about an insurer’s duty to defend in The Law Times and contributed to Chapter 12 (Insurer’s Right and Duty to Defend any Claim or Action) of the Annotated Commercial General Liability Policy.
In 2006, Michael presented a paper and demonstration on expert witness testimony at trial to the Canadian Society of Medical Evaluators, and made a presentation to a major insurer on the interaction between liability policies and hold harmless provisions in commercial contracts. |
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Contact Information  |
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Direct Line: 416.941.5887
Fax: 416.863.1241
Email:
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Bar Admissions |
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Ontario, 1994
British Columbia, 1997
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Education |
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L.L.B., 1992, Dalhousie
(awarded prize for best grade in legal philosophy)
B.A. (Hons.), 1989, Queen’s
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