Ferguson Barristers

Corporate and Personal Injury Lawyer

Rod was called to the Bar in 1970. In 1972, Rod joined a law firm in Ontario led by Gordon Teskey, Q.C. (later, Mr. Justice Teskey of the Tax Court of Canada). Mr. Teskey gave Rod free rein to develop a civil litigation law practice based in Midland but which grew to serve a very large geographic area in a score of small Ontario centres. Rod was appointed Queen’s Counsel in 1982 and was certified as a Specialist in Civil Litigation by the Law Society of Upper Canada in 1989. He completed his Master of Laws degree from Osgoode Hall Law School in 2002, in the Alternate Dispute Resolution concentration (recognizing that there must be better ways to resolve legal disputes that are less costly, less time consuming and less anxiety ridden).

In addition to his civil litigation experience and academic credentials, Rod has been recognized by his peers in the legal profession: he has been elected Bencher to the Law Society of Upper Canada, a director of the Advocates’ Society, and a long time director and member of the Executive of The Ontario Bar Association and The Canadian Bar Association. In 1997 he was awarded the Law Society’s Bicentennial Award for meritorious contribution to public service. Rod has lectured frequently at continuing legal education programs under the auspices of the Bar Association and the Advocates’ Society and twice has lectured at the Law Society of Upper Canada Special Lectures on the issue of damages (Personal Injury 1988, Real Estate 2002). In 2010 Rod was elected Chair of the Rotary International Fellowship of Law, a worldwide organization of Rotarian Lawyers.

Rod was recognized in 2011 with a medal from the Law Society of Upper Canada for his contribution to making justice available in rural Ontario for 35 years.

He and the firm have achieved the highest rating of “AV” by Martindale-Hubbell, the North American legal evaluation and referral organization.

Reported Court Decisions

Waterworth (Litigation Guardian of) v. Freeman

A determination of the costs and prejudgment interest payable after a successfully concluded Motor vehicle action. It was held that the client should receive costs on a solicitor and client basis and the full amount of prejudment interest payable.

Ontario Superior Court of Justice
Hermiston, J.
October 19, 1999

Beausoleil v. Canadian General Insurance

Ontario High Court Justice
MacFarland, J.
September 25, 1989

Thornborrow v. MacKinnon

Kane et. Al. V. Murphy
An action arising out of a Motor Vehicle Accident. The accident resulted in two fatalities and significant injuries to the surviving passengers. Judgment was rendered entirely against the defendants and a significant settlement as to the damages was reached.

Ontario High Court of Justice
Linden, J.
April 24, 1981

Morgan v. Dominion Insurance Company

This matter was an action for long term disability benefits following the plaintiff’s injury in a motor vehicle accident. The defendant insurance company attempted to argue that the plaintiff’s claim was out of time since it was commenced some one and one half years after the limitation period had expired. The plaintiff’s were successful in arguing that in a claim for disability benefits each monthly payment constituted a separate right of action and the missed limitation period only precluded recovery of benefits older than one year before the writ was issued.

Ontario High Court of Justice
Osler, J.
December 2, 1980

Mark worked with the Toronto Law Firm Kostyniuk & Greenside for 17 years where he was involved in all aspects of general litigation, with emphasis on insurance litigation, including principal carriage and handling of litigation files up to, and including, trial and arbitration.

Mark joined Ontario law firm Ferguson Barristers in November of 2004 and became a partner in 2007.  He continues his trial and arbitration practice.

He is currently on the Board of Directors for both the Independent Living Services of Simcoe County & Area and the Board of Directors for Community Link North Simcoe. He is a member of the Canadian Bar Association and the Advocate’s Society.

Mark is a member-at-large of the General Practice, Solo and Small Firm Conference of the CBA. As part of that conference, he is actively involved in discussions and initiatives intended to attract new (and not so-new) counsel to smaller firms and communities, something he considers a vital part of the continuing provision of legal services to smaller communities.

Mark has also been active in the firm’s pro-bono work for the Canadian Paraplegic Association, including assisting at the legal clinic provided by the firm.

Away from the firm, Mark is an avid windsurfer.  He and his wife have raised two sons who continue to be a source of pride for them both.

Reported Court Decisions

Cheung V. Toyota Canada Inc.

Who bears responsibility and what should the sanctions be when essential evidence (in this case, a van sent to the wreckers) is lost or destroyed before all parties have a chance to examine it? The complicated history of this decision is a good cautionary tale for making sure that if you expect litigation to come out of an incident, you should make sure the evidence is secured from the outset and make sure it is done on record.

Ontario Superior Court of Justice: Hoy, J.
Heard: January 30, 2003
Judgement: February 10, 2003

Kwabena Adu-Agyei v. Zurich Insurance Company

Mr. Baker respresented the plaintiff with respect to his claims arising out of two accidents for auto accident benefits against his insurer, Zurich. The plaintiff was ultimately successful in claiming benefits from Zurich .

Offices of the Financial Services Commission of Ontario in Toronto
Presented before Sue san Alves
Heard: January 31, February 1, 2, 3, August 21, 22, 23, 24
November 3, 6, 7, and 8, 2000

Adar Mohamud v. Royal Insurance Company of Canada

Mr. Baker represented Royal Insurance in this case where there was very possibly no motor vehicle accident, let alone no injury on the part of the claimant, but auto benefits were claimed.

Offices of the Financial Services Commission of Ontario in Toronto
M. Kaye Joachim
Hear: July 12, 13, 14, and 15, 1999

Roy Foss Motors Ltd. v. Total Ford Sales Ltd.

The defendant’s body shop maintained their shop in such a state that a complete stranger could walk in and drive out with my client’s car. The car was never recovered, but Mr. Baker was able to recover payment to his clients.

Ontario District Court – York Judicial District
Toronto , ON
O’Connell D.C.J.
June 24, 1990

Whitfield v. Chiu

Mr. Baker’s client went travelling. He trusted a friend to take his car to a body shop for work while he was travelling. The friend instead took the car without consent and hit an off-duty police officer. We were successful in mostly protecting the client from the consequences of his friend’s mistake, but the case is a good cautionary tale of what can happen if you don’t keep an eye on what’s happening with your car and its insurance.

Ontario District Court – York Judicial District
Coo D.C.J.
November 17, 1987

Michael spent six years practicing for insurance defence firms in Vancouver and Toronto. Most of his B.C. experience came defending the Insurance Corporation of British Columbia in numerous motor vehicle actions. Mike joined litigation law firm Ferguson Barristers in 2002 as an associate and became a partner in 2007.

Michael has argued motions, trials and appeals in both Ontario and British Columbia. He has argued before the Provincial and Supreme Courts of British Columbia as well as the B.C. Workplace Safety and Insurance Appeals Tribunal. He has been before the Superior Court and Court of Appeal of Ontario as well as the Ontario Workplace Safety and Insurance Appeals Tribunal, the Criminal Injuries Compensation Board, and the Financial Services Commission of Ontario.

Mike’s practice has consisted almost entirely of serious personal injury claims and insurance disputes. While he began his career representing insurers he has exclusively represented injury victims since 2002.

Mike is a member of the Ontario Trial Lawyers Association, the Advocate Society, the Canadian and Ontario Bar Associations, and the Simcoe County Law Association. He is an active supporter of the firm’s Canadian Paraplegic Association pro-bono legal clinic.

Michael was certified as a Specialist in Civil Litigation by the Law Society of Upper Canada in January 2008.

Reported Court Decisions

Economical Mutual Insurance Co. v. Wye

A Judgment of the Ontario Court of Appeal. An appeal of an Application against a homeowner’s insurance policy to require them to defend an action brought against Wye by her former employer.

Ontario Court of Appeal
Toronto, ON
McMurtry C.J.O., Goudge and Gillese JJ.A.

Heard: October 8, 2003
Oral Judgement: October 8, 2003
Released: October 16, 2003

Richmond v. Strickland

A decision of the Workplace Safety and Insurance Appeals Tribunal. An application to the workplace safety and insurance appeals tribunal to determine whether workers were in the course of their employment when they were involved in a motor vehicle accident.

Workplace Safety and Insurance Appeals Tribunal
Toronto, Ontario
May 28, 2003 and April 23, 2004

Ryszard Kaminski v. Insurance Corporation of British Columbia

A Judgment of the B.C. Provincial Court. An action brought by Kaminski to recover the value of his allegedly stolen vehicle after insurance coverage had been denied by the insurer, ICBC.

The Provincial Court of British Columbia
New Westminister, British Columbia
Judge K.J. Husband
Held: July 13, 2000

Razak Abdurahamani v. Terrence Doyle and Argus Carriers Ltd. and Wolfe Chevrolet Geo Oldsmobile Ltd.

A decision of the B.C. Worker’s Compensation Appeals Tribunal. An application to the B.C. WCB appeals tribunal to determine whether a worker was in the course of his employment when he was involved in a motor vehicle accident.

The Supreme Court of British Columbia
New Westminister British Columbia
Panel Appointed: Cassandra Kobayashi

Westcan Glass Industries (BBV) a Division of HGP Glass Industries of Canada Inc. v. Elite Products Wholesale Ltd.

A decision of the B.C. Superior Court. An action brought by Westcan Glass as creditor to recover payment under a promissory note signed by Elite Product’s President.

British Columbia Supreme Court
New Westminister, British Columbia
Martinson, J.
Heard: September 30, 1998
Judgement: Filed October 30, 1998

Ray Cote v. JDR Coachworks and Fabrication (2005)

A contractual/employment trial revolving around the interpretation of the scope of an employment contract.

Ontario Supreme Court of Justice
Barrie, Ontario
Logan, J.
Heard: December 8, 9, 10, 2004 and January 6, 7, 19 and 20, 2005.

Naginder Singh Gill dba GBS Trucking v. Inland Kenworth (2000)

A trial involving the enforcement and collection of a debt owed by Mr. Gill to Inland Kenworth.

BC Provincial Court
Port Coquitlam, B.C.
Steingerg, J.,
Heard: February 9, 2000,

Jevco Insurance Company and Maplex General Insurance (2002),

An Arbitration under the Insurance Act regarding responsibility for a motor vehicle accident as provided by the Fault Determination Chart.

Arbitration before Bruce Robinson,
Heard: April 18 and 19, 2002.

Isabelle Siwoski v. Helen Lun et al (2000)

A judge alone trial involving a personal injury claim arising out of a motor vehicle accident.

BC Proviincial Court
Burnaby, B..C.
Bruce, J.
Heard: January 20 and 24, 2000.

Hin Ho Leung v. Abdulkarim Jivani et al (1998)

A judge alone trial involving a personal injury claim arising out of a motor vehicle accident.

BC Provincial Court
Vancouver, B.C.
Werier, J.
Heard: February 11, 2000.

Dennis Guile v. Sio Cheung (1998)

A judge alone trial involving a personal injury claim arising out of a motor vehicle accident.

BC Provincial Court
Port Coquitlam, B.C.
DeCouto, J.
Heard: July 15, 1998.

Kaldip Mattu v. Amrik Singh Mattu et al (1999)

A summary trial involving a personal injury claim arising out of a motor vehicle accident.

Supreme Court of B.C.
Vancouver, B.C.
Romilly J.
Heard: May 11, 1999.

Jens Biertumpel et al v. Farajollah Sarchami et al (1999)

A judge alone trial involving a personal injury claim arising out of a motor vehicle accident.

Provincial Court of B.C.
Port Coquitlam, B.C.
Stone J.
Heard September 29, 1999.

Pridoun Karimi v. Insurance Corporation of British Columbia (1999)

A judge alone application dismissing a claim for property damage on the grounds that the plaintiff has made a wilfully false statement to the insurance corporation.

Provincial Court of B.C.
Burnaby, B.C.
Page, J.
Heard May 27, 1999.

Prior to joining Ferguson Barristers as a lawyer, she worked for Rod Ferguson in various capacities from 1989 to 1997. She became a partner of personal injury law firm , Ferguson Barristers LLP in Midland in 2007.

Lisa has extensive experience in all levels of the Ontario Courts and has many reported decisions in respect to motions, trials and appeals where she appeared. She also has extensive experience appearing before administrative tribunals.

Lisa provides personal injury (plaintiff and defence) and other litigation services throughout the Northeast and Central East regions of Ontario. She has a particular interest in working with clients with spinal cord injuries and brain injuries, particularly from an accident benefit claims perspective. She has developed an interest in estate litigation and real estate litigation.

Lisa is a very active member of the community. She was a director of the board of the Simcoe County Association for the Physically Disabled for six years and served as the Chairperson of that Board for two of those years. She has been a member of the Board of Community Living Huronia since 2005 and sits as a community member on the Tiny Township Accessibility Advisory Community. She has also been involved in Southern Georgian Bay Physician Recruitment efforts. She is active in presenting to consumers and staff of various organizations issues involving personal injury, estates and other issues.

In 2003, Lisa spearheaded the Ferguson Barristers Pro-Bono Legal Clinic for the Canadian Paraplegic Association and its consumers, which over recent years has expanded to include the Sault Ste Marie, Sudbury, Muskoka and Barrie areas.

In August 2007, Lisa was the proud recipient of the Canadian Bar Association Young Lawyers Pro Bono Award for her work with the Canadian Paraplegic Association.

Lisa is married and has two children.

Sheila commenced her articles at Holden Day Wilson in Toronto and when that firm ceased doing business, completed her articles at Borden and Elliot. Subsequent to being called to the Bar in Ontario, Sheila moved to Vancouver and practiced litigation with the pre-eminent law firm of Lindsay Kenney. In 2000, Sheila returned to Ontario and after practicing in Toronto for a few years, joined Ferguson Barristers in 2003.

Sheila has extensive experience in insurance litigation, motor vehicle and other personal injury litigation. She has appeared before the Provincial and Supreme Courts of British Columbia both with and without a jury. Sheila also had conduct of a weekly trial court list in Provincial Court when she practiced child protection litigation in British Columbia. She has also appeared before the CPP Tribunal and assisted clients with applications to the Criminal Injuries Compensation Board and the Financial Services Commission of Ontario.

At Ferguson Barristers, Sheila practices in the area of civil litigation, with an emphasis on representing injured persons in motor vehicle and other personal injury litigation.

Sheila is a member of the Ontario Trial Lawyers Association, the Canadian and Ontario Bar Associations and the Simcoe County Law Association.

Together with her husband, Mike Laplante, Sheila has two young children. Sheila is currently on leave from Ferguson Barristers.

Reported Court Decisions

Parchment v. Farkash

A motion for security for costs, to strike out the defence of Farkash for failing to attend at an examination for discovery.

Ontario Superior Court of Justice
Case Management Master Hawkins
Heard:  May 23, 2001
Judgement:  May 5, 2001

McKelvie v. Ng

A motion after trial seeking double costs and costs on the increased scale.

British Columbia Supreme Court
Vancouver, British Columbia
Morrison, J.
(In Chambers)
Heard:  March 15, 2000
Judgement:  May 10, 2000

McKelvie v. Ng

A judgment of the B.C. Superior Court. An action for personal injury,  following a motor vehicle accident.

British Columbia Supreme Court
Vancouver, British Columbia
Morrison, J.
Heard:  August 16-20 and 23-25, 1999
Judgement:  January 21, 2000

Patrick was called to the bar in January 2009. He is a graduate of Aberdeen University (L.L.B) in Scotland, Nipissing University (B.A.), and holds a Certificate in Mediation and Dispute Resolution from York University. He is a member of The Advocates’ Society, the Canadian Bar Association, the Ontario Bar Association, and the Simcoe County Young Professionals’ Association.

Patrick joined Ferguson Barristers in January 2008 after gaining valuable experience working with an in-house legal department at a large international company. His area of practice focuses on auto accident claims.

When Patrick is not in the office, he can be found on the golf course or exploring the beautiful waters of Georgian Bay.

Rachel has lived, worked and studied in Switzerland, France and Italy, and she spent 10 years in Toronto before returning to Simcoe County in order to practice law close to her extended family and the shores of Georgian Bay.

She is a board member and active supporter of Huronia Transition Homes (La Maison Rosewood Shelter, Athena’s Sexual Assault Counselling & Advocacy Centre, and Choices for Children). She is also a member of the Simcoe County Law Association, the Simcoe County Young Professionals’ Association, the Ontario Trial Lawyers Association, and The Advocates’ Society. She speaks French and Italian.

Rachel blogs about small town legal practice on her blog, Elsewhere in Ontario

She lives in Midland with her young family.