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Duncan Embury

Head of Medical Malpractice Group


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Duncan Embury is a Best Lawyers Recognition Award recipient for 2023
Certified Specialist Award
Lexpert Ranked Award, 2022
Martindale-Hubbell Peer Rated Award, 2021



Duncan is a Partner and head of the Medical Malpractice group at Neinstein Personal Injury Lawyers. He primarily acts on behalf of plaintiffs on cases involving all areas of medical negligence including obstetrical negligence and surgical negligence. He also acts for plaintiffs on all types of catastrophic personal injury claims including claims for institutional negligence, occupier's liability, motor vehicle accidents and product liability matters. Duncan also handles complex multi-jurisdictional cases to assist Ontario residents in recovering damages where the injuries occurred in a foreign jurisdiction. He was counsel on Van Breda v. Club Resorts, the leading Canadian case on jurisdiction. Duncan has also acted on behalf of the office of the Children's Lawyer as their external counsel on high profile cases in the area of pediatric injuries. In addition to a full trial and appeal practice in these areas, Duncan also provides co-counsel assistance to other lawyers in handling complex medical negligence cases at both trial and appeal.

He is a regular speaker and presenter in all areas of medical negligence for the Ontario Trial Lawyers Association, the Ontario Bar Association and the Law Society of Upper Canada. Duncan has been voted by his peers as a leading expert in his field since 2014 in the Canadian Lexpert Directory® and has been named as one of Canada's Best Lawyers® since 2015. Additionally, Duncan has also been certified as a specialist in civil litigation by the Law Society of Upper Canada.



  • Graduate of University of Windsor Law School (LLB, 1994)
  • Call to the Bar (Ontario) in 1996
  • Call to the Bar (Alberta) in 2018
  • Repeatedly recommended by the Canadian Legal Lexpert Directory
  • Named by Best Lawyers Canada, 2013 - 2021


Member Of

  • The Advocates Society
  • Canadian Bar Association
  • Ontario Trial Lawyers Association (OTLA)
  • Pro Bono Law Ontario at SickKids
  • Alberta Law Society
Duncan Embury recognized by Best Lawyers, 2023

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When people are injured, most often they are unable to work and during these times, cash flow can become an enormous burden on the victim and their families. We recognize that our clients are suffering and are under enormous financial stress.

That is why we use the contingency fee arrangement. Under this arrangement, the client is not required to pay any fees or expenses unless the case is successful. If the client does not recover any monies from the lawsuit, there will be no legal fees.