Mark Baker


Mark Baker

Mark completed his BA at the University of Western Ontario in 1982.  He received his law degree from Osgoode Hall Law School at York University in 1985 and was called to the Bar in 1987.

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 Community Reach North Simcoe.  He has in the past been a member of the Board of Directors of Independent Living Services, and assisted with the Georgian Bay Cancer Support Centre.

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