Background

Simon Clements is a partner at our Toronto office. Simon was admitted to the Ontario Bar in 1992. He graduated from the University of Toronto Law School in 1990.

Prior to attending law school, he obtained his Bachelor of Arts (Law), at Lincoln College, Oxford University in 1988, and a Bachelor of Arts from Trinity College, University of Toronto in 1986. In 1998, Simon received his Master of Arts from Oxford University.

Areas of Practice

• Simon began his career as a General Commercial Litigator and has become increasingly involved in Professional Liability and Health Law.
• Simon has previously represented doctors in medical malpractice actions. As a member of the Health Law Group, he continues his focus on health related liability issues.
• Other practice areas include the defence of insured title claims, life insurance disputes, and defamation.

Professional Experience

• Simon has conducted jury and non-jury trials and has appeared before all levels of Ontario courts, the Federal Court of Appeal, and the Supreme Court of Canada.
• Regular appearances before the Health Profession’s Appeal and Review Board, and Consent and Capacity Board of Ontario, and has previously appeared before committees of the College of Physicians and Surgeons of Ontario.

Noteworthy Cases of Record

• Ontario v. Syvan Developments Ltd., (2006) 49 RPR (4th) 161 (Out. S.C.J.)
• Oldfield v. Transamerica Life Insurance Company of Canada, (2002) 1 S.C.R. 742 (S.C.C.)
• Tembec Industries Inc. v. Lumberman’s Underwriting Alliance, (2001) O.J. No. 72 (S.C.J.)
• Transamerica Life Insurance Company of Canada v. Hutton et. al. (2000), 33 R.P.R. (3d) 1 (S.C.J.)
• Zigelman v. Polley, (2000) O.J. No. 2761 (Div. Ct.)
• Moffat v. Transamerica Life Insurance Company of Canada, (1999) O.J. No. 345 (Gen. Div.)
• Alderson et. al. v. Callaghan et. al. (1998), 40 O.R. (3d) 136 (C.A.)
• Norman v. Westcomm International Sharing Corp. (1997), 46 O.T. C. 321 (Gen. Div.)
• Transamerica Life Insurance Company of Canada v. Canada Life Assurance Company (1995), 46 C.P.C. (3d) 110 (Ont. Ct. Gen. Div.)
• Lavigne v. Pollock, (1995) O.J. N. 3878 (Gen. Div.)

Presentations and Publications

• 'Authorson v. Canada: Opportunity Lost?' (2003), 82 Can. Bar. Rev. 535
• The Commercial General Liability Insuring Agreement as Applied to Product Liability, Canadian Journal of Insurance Law, (2001) 19 Can J. Ins. L., p.49
• Liability Insurance Coverage Disputes: Acting for the Insured, The Advocates Quarterly, Vol. 16, No.2, (1994), 16 Adv.Q.,p.169
• Exclusions Applicable to Product Liability Claims, Canadian Insurance Law Review, 4.3, Vol.4, No.3, May (1994), p.245
• Contributing Editor – Carswell’s Practice Cases (1994-1999)

Professional and Community Activities

• Member of the Canadian Bar Association, Advocates’ Society, and Medical Legal Society.
• Faculty Member, University of Toronto Law School Trial Advocacy Course.
• Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Law School.
• Instructor, Ontario Centre for Advocacy Training.
• Active involvement in University of Toronto Law School Compulsory and Competitive mooting programs.
• Active volunteer at the Art Gallery of Ontario
• Board Member, Visual Arts Ontario