Duncan Embury

Head of Litigation


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Duncan Embury is a Best Lawyers Recognition Award recipient for 2024
Certified Specialist Award
Lexpert Ranked Award, 2024
Martindale-Hubbell Peer Rated Award, 2024



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.



  • 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
Duncan Embury recognized by Best Lawyers, 2024

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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.