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| Practice |
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Tom McEwen acts as litigation counsel with a trial, administrative tribunal and appellant practice in the field of litigation. He has acted as counsel at every level of court in the Province of Ontario. He also regularly appears before the Workplace Safety & Insurance Tribunal and the Financial Services Commission of Ontario.
Tom has been named by Lexpert® as a leading practitioner in the area of personal injury litigation. Tom has also been selected to be included in the upcoming "Best Lawyers in Canada" 2008 directory in the Personal Injury category. His practice includes major tort and property litigation, issues of insurance coverage, professional negligence, defamation, Worker’s Compensation law, products liability matters, medical malpractice, statutory accident benefits and sexual abuse litigation.
He has acted on behalf of numerous major Canadian private and public corporations, insurance companies, chemical companies, publishing houses and injured victims. |
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| Professional Involvement |
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Tom has served as an instructor with the Civil Procedure Course at the Ontario Bar Admission Course for a number of years.
He has been asked to speak and be a panellist at programs of the National Judicial Institute, Canadian Bar Association, the Law Society of Upper Canada, the Advocates Society, the Canadian Institute, the Insurance Institute of Ontario and Lorimar Lecture Series on various topics relating to his litigation practice.
Tom has authored numerous articles on topics including bad faith, accident benefits releases, advertising and personal injury coverage issues and mediation preparation.
Tom is a member of the Advocates Society, the Canadian Defense Lawyers Association, the American Trial Lawyers Association and the York Trial Lawyers Association. |
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| PUBLICATIONS/PRESENTATIONS |
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“What’s That Damage Really Worth”
Canadian Institute’s Sixth Annual Forum on Litigating Personal Injury Damages, February 20 and 21, 2008
“The Use and Abuse of Objections During Jury Closing Arguments”
Ontario Trial Lawyers Association, October 27, 2007
"Causation: How to Cross the Rubicon"
Insight Information, September 18, 2007.
“What's That Damage Really Worth”
Canadian Institute, February 21, 2007.
“What Follows the Grid? New Developments in Costs”
Law Society of Upper Canada, May 10th, 2006.
“Crossing the Threshold”
National Judicial Institute”, May 3, 2006.
“Assessing Damages: How Much is the Case Worth”
Canadian Institute, 2003, 2004, 2005 and 2006.
“Proper Preparation for a Mediation”
Canadian Institute, September 19, 2000.
“Conflicts Between Insurers and Insureds”
Canadian Institute, May 15, 2000.
“Business Torts and Cyberspace Liability: Advertising Injury
and Personal Injury Coverage Issues”
ING Halifax / ING Wellington, April 27, 2000.
“Accident Benefits: Preparation of Full and Final Release”
Law Society of Upper Canada, April 7, 2000. |
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| NOTABLE CASES |
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Daly v. ING Halifax Insurance Co. [2006] O.J. No. 5083, Ont. C.A. – Successfully appealed a lower court decision to the Ontario Court of Appeal in which the Ontario Court of Appeal ruled that the hourly rate set out in the Statutory Accident Benefits Schedule and Form 1 were mandatory and could not be disputed by an insured. This very important decision settled, once and for all, the issue as to whether rates in the legislation were mandatory or open to dispute by an insured.
Idomo et al., v. City of Toronto et al., Court File No. 03-CV-250432CM1 – acted on behalf of the Attorney General of Canada, Catholic World Youth Day 2002 and Downsview Park in a significant matter that arose out of a sewage build-up in the municipal sewage system of Toronto that occurred during the visit of Pope John Paul II to Toronto in 2002.
Her Majesty the Queen in Right of Ontario Represented by the Ontario Minister of Health and Long Term Care v. Burns et al., Court File No. 99-CV-181854SR – successfully defended an action brought against a solicitor by OHIP for failure to protect OHIP’s subrogated account. The matter was successfully defended at trial and in the Ontario Court of Appeal.
ING Insurance v. Virk et al., WSIAT No. 2004-0000195 – in Tom’s most recent attendance before the Workplace Safety & Appeals Tribunal in 2006 he successfully prosecuted a Section 31 Application in which it was decided that the plaintiff’s right of act in tort was taken away by virtue of the provisions of the Workplace Safety and Insurance Act and as such the plaintiff’s right of action as against Tom’s client was terminated.
C.M. et al., v. The Sault Ste. Marie District Roman Catholic Separate School Board et al – successfully acted on behalf of 19 plaintiffs who commenced an action against the Sault Ste. Marie District Roman Catholic Separate School Board and various employees arising out of sexual assaults perpetrated upon them by a teacher in the employ of the Board.
T.L. et al., v. The District of Algoma School Board et al. – successfully acted on behalf of 14 plaintiffs who commenced an action against the Board and various employees arising out of sexual assaults perpetrated upon them by a teacher in the employ of the Board.
In addition to the above-noted cases Tom has conducted several other trials, both jury and non-jury, administrative tribunal hearings and coroner’s inquests.
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| COMMUNITY INVOLVEMENT |
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| Tom currently acts as Vice-President and Secretary for the Lawrence Park Athletic Association which provides sporting activities to approximately 2,500 children. Additionally, he sits as Secretary and Board Member of the Ahmic Lake Golf Club. He is also actively involved in various fundraising endeavours and has sat on several charitable committees. |
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Contact Information  |
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Direct Line: 416.941.5869
Fax: 416.863.1241
Email:
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Bar Admissions |
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Ontario, 1986
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Education |
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LL.B., 1984, University of Western Ontario
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