Flaherty McCarthy

At Flaherty McCarthy LLP, we are a prominent insurance litigation firm that has been providing expert legal services to insurers and individuals across Ontario and the United States since 1994. Our firm is headquartered in Toronto, Whitby, and Ottawa, with a team of experienced lawyers who specialize in motor vehicle tort and accident benefit claims, occupiers' and product liability matters, and loss transfer and priority disputes.

Our History of Excellence

We take pride in our long history of providing exceptional legal services to our clients. Our firm has been consistently recognized as one of Canada's top 10 insurance defence firms by Canadian Lawyer Magazine, earning us the distinction of being a Top 10 Insurance Defence Boutique Law Firm in Canada for 2015-2016, 2017-2018, 2019-2020, 2021-2022, and 2023-2024.

Our Services

Our lawyers are skilled in defending jury and non-jury tort claims, and we are retained to defend insureds including claims over policy limits, and insurers in underinsured, uninsured, unidentified, Family Protection, and Statutory Third Party contexts. We also focus on claim recovery through subrogated actions. Our expertise in defending negligence actions and property damage claims under home owner and other insurance policies for damages arising out of slip and falls, dog bites, fires, water, and defective product and maintenance is unmatched.

Practice Areas

Tort: Every lawyer at our Firm defends jury and non-jury tort claims. We are retained to defend insureds including claims over policy limits, and insurers in underinsured, uninsured, unidentified, Family Protection, and Statutory Third Party contexts.

Personal Injury: Our lawyers are highly skilled at advancing claims for seriously injured people and their families. We are an experienced team of professionals that are frequently called upon to advance claims for damages in tort, Statutory Accident Benefits, and Disability Benefits, through to the conclusion of a trial or adjudication.

Mediation and Arbitration: Our lawyers are available to act as mediators in motor vehicle tort and accident benefit matters, and as arbitrators for loss transfer and priority disputes. We also offer these services at a competitive rate.

Statutory Accident Benefits: Our lawyers practice in Statutory Accident Benefits, including loss transfer and priority disputes. We are leaders in this area and have had great success on behalf of our clients acting before the Ontario Licence Appeal Tribunal, Divisional Court, and the Court of Appeal.

Loss Transfer and Priority: Insurers can save or recover large amounts of money in successfully advancing or defending loss transfer and priority disputes under the Insurance Act. Our lawyers have a long history of experience in handling loss transfer and priority dispute cases at both the arbitration and appeal levels.

Coverage: We provide coverage opinions concerning the interpretation of insurance policies to insurers within Canada and the United States about the law of Ontario. Our lawyers also litigate coverage disputes.

Recent Decisions

Our lawyers have a proven track record of success in the courts and beyond. Some of our notable decisions include:

• Todd McCarthy persuaded the Ontario Court of Appeal that the "But For" test for causation applies to SABS claims.
• Sophia Chaudri successfully defeated a claim for income replacement benefits on the basis of the limitation period.
• Brittanny Tinslay successfully defeated claims for medical and rehabilitation expenses despite allegations of chronic pain syndrome.

Community

We are proud supporters of several worthy organizations, including We're Here. Let's Talk.