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

Monk v. Farmers Mutual Insurance Co. (Lindsay). [2017] O.J. No. 4252

Date of Decision: June 15, 2017

Case Summary:

Insurance law — The insurance contract — Interpretation — Coverage provisions and exclusion clauses — Statutory conditions — Termination or breach — By insured — Action by Monk for damages for breach of contract and breach of fiduciary duty dismissed — Monk retained Pleasantview Log Restoration Systems to restore her home — Pleasantview caused damage in the process — Monk was insured by a policy issued by the defendant Farmers' Mutual Insurance Company and arranged through her insurance broker, the defendant Muskoka Insurance Brokers Limited — Monk did not have a claim for breach of fiduciary duty against Muskoka — The coverage exclusions did not apply to deny coverage but Monk failed to provide notice of her damage forthwith as required by a statutory condition.

Insurance law — Actions — By insured against insurer — Action by Monk for damages for breach of contract and breach of fiduciary duty dismissed — Monk retained Pleasantview Log Restoration Systems to restore her home — Pleasantview caused damage in the process — Monk was insured by a policy issued by the defendant Farmers' Mutual Insurance Company and arranged through her insurance broker, the defendant Muskoka Insurance Brokers Limited — Monk did not have a claim for breach of fiduciary duty against Muskoka — The coverage exclusions did not apply to deny coverage but Monk failed to provide notice of her damage forthwith as required by a statutory condition.

 

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