Earl J. Murtha

Earl’s practice focuses primarily on insurance defence litigation. His practice involves first and third party property loss, subrogation, personal injury, and professional negligence claims.  

Earl graduated from Trent University with a Bachelor of Arts (Honors) in Philosophy, before earning his Juris Doctor with Queen’s University.

While articling, Earl worked for Queen’s Legal Aid where he had carriage of various files including ODSP, summary conviction criminal offences such as assault, small claims, landlord tenant disputes, and provincial offence matters.  

Prior to joining Forget Smith, Earl practiced personal injury litigation at boutique firms in Hamilton and Toronto. His experience includes conducting examinations for discovery and examinations under oath, conducting pre-trials and pre-hearings, drafting various court documents for both the Court of Appeal for Ontario and Superior Court of Ontario; including the decision Toresho v. Primmum Insurance Co., 124 O.R. (3d) 134, further interpreting the application of the Statutory Accident Benefits Schedule. 

Since joining Forget Smith, Earl continued building on his experience in insurance law by expanding his area of practice to both property loss as well as professional negligence, as counsel with Lawpro. He has argued motions in the Superior Court of Justice, including Jubenville v. O'Brien, [2016] O.J. No. 5278; a decision permitting the late amendment to a Statement of Defence in a complex dispute involving international jurisdictional issues. He has also appeared at the Court of Appeal for Ontario on numerous occasions. 
  
Earl recently assisted in successfully defending an insurer in a first-party property loss trial in the decision Monk v. Farmers Mutual Insurance Co. (Lindsay), [2017] O.J. No. 4252. This matter is currently being appealed, and Earl is participating in defending the successful trial and costs decisions. 

Earl has also engaged in public speaking on developments in insurance law and solicitor’s negligence, and continues to appreciate the day-to-day practice of law by attending examinations for discovery, mediation, and pre-trials. He thoroughly enjoys working with the strong team of lawyers and support staff at Forget Smith.

Earl was called to the bar in Ontario in 2012.