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 statutory accident benefits claims, 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, 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. 

Recent Blogs

Recent Cases

Yevdokymova v. Economical Mutual Insurance Company ONLAT 19-013140/AABS Decision

Date of Decision: August 19, 2021

Case Summary:

The claimant filed a second LAT application disputing the determination of catastrophic impairment and entitlement to attendant care benefits and other medical benefits. The claimant was represented by Michael Switzer. A videoconference hearing was scheduled for 10 days. Economical raised a preliminary issue with respect to the claim for CAT determination and filed a motion seeking a determination on whether the claimant was barred from proceeding with her second LAT application as the Tribunal had previously made a determination on the reliability of her testimony following a hearing on a previous LAT application wherein she disputed her entitlement to non-earner benefits. 

Disposition: Vice Chair Flude, applying the doctrine of res judicata, held that the claimant is barred from proceeding with her claim for a catastrophic impairment determination on the basis of the findings of fact made in the earlier Tribunal proceeding.


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