About the Firm

Toronto Office

Ottawa Office

Forget Smith brings together an experienced team of lawyers who exemplify the highest standards in the industry, delivering expert, responsible legal advice and client-oriented, technologically sophisticated services.

With offices in Toronto and Ottawa, Forget Smith provides bilingual advice and services throughout Ontario, including the Greater Toronto Area, the National Capital Region, Eastern Ontario, Southwestern Ontario and Northern Ontario.

Our practice focuses on all aspects of advocacy on behalf of insurers, including commercial liability claims, road liability claims, motor vehicle litigation, personal injury and disability litigation, “slips and falls”, subrogated claims, coverage disputes, professional liability claims, homeowners’ property and liability claims, accident benefits claims, regulatory negligence, administrative law, and construction matters. 

Our team of lawyers have decades of collective experience, with over 75 trials, hundreds of reported decisions, and countless successful settlements to their credit.  Our lawyers also have extensive trial and appellate court experience, with regular attendances before the Superior Court, the Divisional Court, the Court of Appeal, the Supreme Court of Canada, the Environmental Review Tribunal, the Financial Services Commission, and other tribunals.  

Although we are proud of our record in court, we recognize that early and cost-effective resolution of cases may require innovative strategies to avoid and manage disputes.  Accordingly, our lawyers have particular expertise with a full range of alternative dispute resolution options, including negotiation, mediation, arbitration, and other customized ADR solutions.

By offering cost-management strategies without compromising our superior quality of service, we deliver value to our clients both in terms of results and cost-effectiveness.  In this way, every client file is handled not only with top-tier expertise but with a focus on the particular needs of the case, whether the client is locally based or a multi-national organization. 

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Recent Cases

Pershad v. Dontee Construction [2015] Oshawa 13-84420-D1 ONSCC

Date of Decision: May 11, 2015

Case Summary:

At trial in Small Claims Court, we successfully defended the Defendant’s Claim against Dufferin Concrete arising out of work completed by the defendant contractor at the plaintiffs’ home.

There was an oral contract between the plaintiff and the defendant for backyard renovations including installing a colored concrete walkway, BBQ pad and pergola pad.  The work completed by the defendant was not satisfactory to the plaintiffs for many reasons.  The defendant contractor claimed the incorrect concrete was provided to him by Dufferin and this was the reason for many of those problems.

Deputy Justice Brown accepted our client’s evidence with respect to the company’s policy on advising customers as to the type of concrete that should be used but ultimately allowed the customer to choose what he or she would purchase.  On the facts and on the basis of our client’s “frankness and candour in the giving of his evidence,” the Court found that the contractor purchased the wrong concrete because it was less expensive.  Deputy Justice Brown correctly rejected the defendant contractor’s evidence outright in blaming Dufferin.  In relying on our witnesses’ evidence, Depute Justice Brown found that the contractor did not have sufficient workers to complete the work in the timeline required and as such the concrete effectively spoiled due to the contractor’s poor workmanship.  Accordingly, the defendant contractor’s claim against Dufferin was dismissed and the Court awarded costs in the amount of $2,500 to Dufferin.


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