Contact Duncan Embury's Team
Duncan is a Partner and Head of the Medical Malpractice group at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues.
Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He also handles complex, multiparty civil litigation including claims of institutional negligence, product liability, and municipal liability. Duncan has appeared before all levels of trial and appellate courts, including the Supreme Court of Canada. His most recent courtroom accomplishments include victories in Doobay v Fu (2020 ONSC 3329), Hasan v Trillium Health (2022 ONSC 3175), and Hemmings (litigation guardian of) v Peng (2022 OJ No 2674), all involving severely brain injured plaintiffs; and a recent appeal win in Farej v Fellows (2022 ONCA 254).
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.
In addition to his busy practice in the Province of Ontario, Duncan is a member of the Alberta Law Society.
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The chances of being seriously injured by a COVID-19 vaccine are astronomically rare, less than one in a million, according to the Public Health Agency of Canada (PHAC). And yet, with tens of millions of doses expected to be administered ...
In October of 2021, we appeared before the Ontario Court of Appeal and asked that they consider whether our three minor clients, the Florence Triplets, should be given an opportunity to argue that they were owed a duty of care ...
We were recently successful at the Ontario Court of Appeal in Farej v Fellows. You may remember our client, Sabrin Farej and her family. Sabrin suffered a severe brain injury at birth because of a delay in Caesarean delivery. She cannot ...
We, alongside our brave clients, spend our months and years preparing our cases, fighting tirelessly before the courts, and then waiting anxiously for a decision. Recently we’ve received what we and every family we represent hopes for, victory. We have secured justice ...
In late March, the Ontario Court of Appeal ruled in our favour and ordered a new trial for client Sabrin Farej. Sabrin suffered a severe brain injury at birth due to a delayed Caesarean delivery. Following the Court of Appeal’s decision, the ...
A recent amendment to the Ontario Rules of Civil Procedure has changed how courts respond to late-served expert reports. Plaintiffs and defendants in personal injury cases can no longer rely on Rule 53.08 as an "escape clause" to admit expert ...
We are an award-winning team of lawyers that specializes in serving victims of personal injury and trying their most complex cases. Our lawyers are here to listen and are prepared to act on your behalf as we work to achieve the best possible outcome.Meet Our Lawyers The best personal injury lawyers in Toronto
2020 was a difficult year for most, but during these unprecedented times, we came out stronger together.
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.