Duncan Embury
Partner,
Head of Litigation and Medical Malpractice
Duncan Embury's Support Team
- Danyle Thompson
- 416 969 3705
- danyle@neinstein.com
Bio
Duncan is a Partner and Head of Litigation 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.
Qualifications
- 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, 2015 - 2021
- Fellow, Litigation Counsel of America
Member Of
- The Advocates Society
- Canadian Bar Association
- Ontario Trial Lawyers Association (OTLA)
- Pro Bono Law Ontario at SickKids
- Alberta Law Society
- Trial Law Institute
- Diversity Law Institute
- Advocate, Order of Centurions
Book A Free Consultation
We will not charge you unless your case is successful.
E-Brochure
Learn more about our firm through our Road to Recovery brochure. It highlights our mission and showcases our staff and their capabilities.
Learn More about by reading our personal injury and medical malpractice e-brochure
Recent Activity
NewsCOVID-19
Vaccines are Overwhelmingly Safe, But What Happens with a Vaccine Injury?
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 ...
NewsBlogs
COVID-19, Social Media, and Personal Injury Claims
The COVID-19 pandemic has forced tens of millions of North Americans indoors and? on to their phones. Social media usage is up - way up - since jurisdictions across the continent implemented antiviral lockdowns. That could be bad news for ...
NewsCOVID-19
How Will COVID-19 Cases Affect Personal Injury Plaintiffs?
The COVID-19 pandemic has affected vulnerable Canadians, including nursing home residents and people with long-term disabilities, particularly harshly. As we have already discussed on this blog, individuals with chronic pain, brain injuries, and other serious health issues have had to ...
Our Personal Injury Legal Team
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 TorontoNeinstein's Year in Review, 2020
2020 was a difficult year for most, but during these unprecedented times, we came out stronger together.
Helpful Links
Car Accidents
Learn More about Car Accident LawyersPublic Transit Accidents
Learn More about Public Transit Accident LawyersHigh Speed Accidents
Learn More about High Speed Accident LawyersWe're Here For Your Financial + Legal Recovery
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.
