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Executive Summary
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Simon Clements focuses on health-related liability issues. He is a partner in the Health Law Group in the Toronto office of Borden Ladner Gervais LLP. Simon began his career as a general commercial litigator and has subsequently specialized in professional liability and health law. Simon has represented doctors, nurses and other health professionals in medical malpractice actions. His practice also includes the defence of insured title claims, life insurance disputes and defamation.
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. He has appeared before the Health Professions Appeal and Review Board, and Consent and Capacity Board of Ontario, and has appeared before committees of the College of Physicians and Surgeons of Ontario.
Simon is the Program Leader for BLG's firm-wide trial advocacy training program, BLG 301.
Representative Work
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- Da Silva v. Hannam, 2011 ONCA 505.
- Da Silva v. Wong, 2010 ONSC 6428.
- Hibberd v. William Osler Health Centre (2009) CanLii 5785 (ONSC); affirmed 2010 ONCA 294.
- Ontario v. Syvan Developments Ltd., (2006) 49 RPR (4th) 161 (Ont. SCJ).
- Oldfield v. Transamerica Life Insurance Company of Canada, (2002) 1 SCR 742 (SCC).
- Tembec Industries Inc. v. Lumberman's Underwriting Alliance, (2001) OJ No. 72 (SCJ).
- Transamerica Life Insurance Company of Canada v. Hutton et. al. (2000), 33 RPR (3d) 1 (Ont. SCJ).
- Zigelman v. Polley, (2000) OJ No. 2761 (iv. Ct.
).
- Moffat v. Transamerica Life Insurance Company of Canada, (1999) OJ No. 345 (Gen. Div.).
- Alderson et. al. v. Callaghan et. al. (1998), 40 OR (3d) 136 (CA).
- Norman v. Westcomm International Sharing Corp. (1997), 46 OTC. 321 (Gen. Div.).
- Transamerica Life Insurance Company of Canada v. Canada Life Assurance Company (1995), 46 CPC (3d) 110 (Ont. Ct. Gen. Div.).
- Lavigne v. Pollock, (1995) OJN. 3878 (Gen. Div.).
Publications & Presentations
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- Program Chair and Speaker, Ontario Hospital Association and Insight seminars on such topics as Critical Incident Reporting, Privileges and Medical Malpractice Litigation, 2004-present.
- Author, "Authorson v. Canada: Opportunity Lost?" Canadian Bar Review, 2003, 82: 535.
- Author, "The Commercial General Liability Insuring Agreement as Applied to Product Liability," Canadian Journal of Insurance Law, 2001, 19: 49.
- Author, "Liability Insurance Coverage Disputes: Acting for the Insured," The Advocates' Quarterly, 1994, 16(2): 169.
- Author, "Exclusions Applicable to Product Liability Claims," Canadian Insurance Law Review, 1994, 4(3): 245.
- Contributing Editor, Practice Cases, Carswell, 1994-99.
Rankings & Recognitions
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- Recognized in the 2012 edition of The Canadian Legal Lexpert® Directory (Medical Negligence).
- Received University of Toronto Arbor Award for Volunteerism, 2010.
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