C. Kirk Boggs

Appeals Lawyer

As a trial lawyer, I know all too well the importance of winning at the Court of Appeal...sometimes a victory or loss at trial is just the first step.

Phone:

416.601.2367

Fax:

416.867.2410

PROFESSIONAL HIGHLIGHTS

Professional Experience

Achievements

Noteworthy Cases

Selected Presentations/Publications

Memberships

Education

Professional Experience

Partner, Lerners LLP (1994 to present)

Achievements

Certified as a Specialist in Civil Litigation by the Law Society of Ontario
Nominated by peers and appeared as a leading practitioner in the Insurance and Reinsurance Expert Guide, published by Legal Media Group (2021)
Ontario Bar Association Award for Excellence in Insurance Law (2018)
Recognized in the Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers (2018-2019)
Senior Fellow, Litigation Counsel of America (2017); Fellow (2009)
Recognized as a leading practitioner by Lexpert in the areas of litigation - commercial insurance, medical negligence and professional liability (2002-2022)
Recognized and selected as one of “The Best Lawyers in Canada” in the areas of appellate practice, health care law, insurance law, medical negligence and personal injury litigation

Noteworthy Cases

Pugliese v. Chartwell, 2024 ONSC 1135: Successfully defended the Regional Municipality of Durham in a class action certification motion arising from COVID-19 deaths and infections at long-term care homes during the pandemic.
495793 Ontario Ltd. (Central Auto Parts) v. Barclay – Represented the appellant, the Thunder Bay Police Services Board at the Ontario Court of Appeal in an action brought by a civilian alleging negligent investigation. Successfully had $1.6 million judgment set aside.
R.E. v. Wawanesa Mutual Insurance Company (2007), 84 O.R. (3d) 668 (C.A.)
Heasman v. Durham, 204 O.A.C. 283, [2005] CarswellOnt 6879, [2005] O.J. No. 5096 (C.A.), affirming [2004] O.J. 1744, [2004] CarswellOnt 1675 Ont. (S.C.)
Goreman v. Falardeau, [2005] O.J. No. 2213 (C.A.)
Maple Valley Acres Ltd. v. CIBC, [2003] O.J. No. 4387 (C.A.), affirming (2001), 46 R.P.R. (3d) 32
YMCA of Hamilton-Burlington v. 331783 Ontario Ltd., [2003] O.J. No. 2201 (C.A.), affirming 2001 Carswell Ont. 3745
Gore Mutual v. Co-operators; Warwick v. Gore Mutual (1997), 32 O.R. (3d) 76 (C.A.)
Mero v. Regional Municipality of Waterloo (1992), 70 O.R. (3d) 102 (C.A.), affirming (1990) 69 O.R. (2d) 375
Brazzoni v. City of Timmins (1992), O.J. No. 254 (C.A.)
Von Cramm v. Riverside Hospital of Ottawa (1986), 56 O.R. (2d) 700 (C.A.)

Selected Presentations/Publications

Speaker, "GPS and Its Admissibility in Court", Association of Municipalities Ontario/Frank Cowan Company Municipal Risk Management Symposium, September 12, 2019
Co-chair and speaker, "Jane Doe Revisited - Consequences for Municipal and Provincial Policing", 25th Annual Provincial/Municipal Government Liability Conference, The Canadian Institute, April 2-3, 2019
Quoted in Public Sector Digest article, “Reducing Cost & Avoiding Liability: The Importance Of Detailed Records And Documentation For Municipalities”, November 2018
Co-author with Stuart Zacharias, “Hill v. Hamilton-Wentworth Regional Police Services Board: A Review of the Tort of Negligent Police Investigation 10 Years Later”, Municipal Liability Risk Management, May 2017 (Read article)
Update on Minimum Standards in Road Authority Claims, The Oatley McLeish Guide to Motor Vehicle Litigation Program, Law Society of Upper Canada, March 26, 2014
Panel member, Expert Evidence in Personal Injury Cases, Winning Strategies and Techniques, Osgoode Professional Development Program, April 20, 2013
Back to Basics: Attempting to Make Sure a Trial Judge Applies the Proper Analysis to Cases Alleging Non-Repair of a Roadway, Canadian Institute’s 19th Annual Conference on Provincial and Municipal Government Liability, 2013
Liability Issues Associated with Recreational Trails, with S. Zacharias, Provincial and Municipal Liability Course, Federated Press, 2011
Road Liability: Getting Up to Speed on Case Law Developments, Canadian Institute Conference on Provincial/Municipal Liability, 2011
Avoiding “virtual contests”: The proper role of demonstrative evidence in the fact-finding exercise, with S. Zacharias, Canadian Institute Conference on Personal Injury Law, 2010
Student Bullying – OTLA Conference on Tort Issues, 2008
Minimum Maintenance Standards and the Municipal Act, 2001: Lessons Learned from Recent Decision in Thornhill (Litigation Guardian of) v. Shadid, with Meredith Jones, LSUC Special Lectures on Personal Injury Law, 2008
Responding to a Claim for Future Care, Practical Strategies for Winning Auto Cases, Tricks of the Trade 2007, The Advocates' Society
Defending a Claim for Future Economic Loss, Canadian Institute Conference on Litigating Personal Injury Damages, 2007
The Minimum Maintenance Standards Defence – Beyond Thornhill (Litigation Guardian of) v. Shadid, Canadian Institute Conference on Provincial/Municipal Liability 2007
Road Liability: Getting Up to Speed on Case Law Developments, Canadian Institute Conference on Provincial/Municipal Liability, 2006
Police Liability: Greater Risks, Growing Lawsuits, The Canadian Institute Provincial/Municipal Government Liability Conference, February 2004
Liability Problems Arising From Emergency Services Response, The Canadian Institute Provincial/Municipal Government Liability Conference, February 2003
Liability Arising From Response to Fires, September 14, 2002, published Without Prejudice Magazine (2003)
Where Have All the Playgrounds Gone? An Update on Occupiers' Liability, The Canadian Institute Provincial/Municipal Government Liability Conference, February 2001
Determining Proximate Cause: Does it Depend On What the Judge Had For Breakfast? The Canadian Institute Insurance Coverage Dispute Conference, May 2000
Policing in Ontario: Strategies for the New Millennium, The Canadian Institute Provincial/Municipal Government Liability Conference, February 2000