Peter W. Kryworuk

Appeals Lawyer

Whether you win or lose at first instance, the fresh perspective of an appellate counsel can improve the likelihood of success on the appeal.

Phone:

519.640.6317

Fax:

416.867.2410

PROFESSIONAL HIGHLIGHTS

Professional Experience

Practice Areas

Awards & Recognition

Noteworthy Cases

Presentations and Publications

LERNx Posts

Community Service

Professional Experience

Partner, Lerners LLP (1989 to present)
Practice Group Leader, Lerners Health Law Group (2003 to present)
Associate lawyer, Lerners LLP (1984-1988)

Practice Areas

Litigation and Appellate Advocacy
Health Law
Class Actions (Plaintiff and Defence)
Commercial Litigation
Appeals
Personal Injury and Insurance Law

Awards & Recognition

Fellow, American College of Trial Lawyers (2008)
Fellow, Litigation Counsel of America (2019)
Fellow, International Academy of Trial Lawyers (2023)
Certified as a Specialist in Civil Litigation by the Law Society of Ontario
University of Windsor Faculty of Law Distinguished Alumni Award (2022)
Chambers Canada: The Leading Lawyers and Law Firms in Canada: Leading lawyer in Healthcare – Band 1 Contentious
Canadian Legal Lexpert Directory: leading lawyer in the areas of Medical Negligence, Personal Injury, Product Liability, Professional Liability, Corporate Commercial Litigation, Class Actions, and Commercial Insurance
AV Preeminent Rated Attorney by Martindale-Hubbell representing the highest peer review rating in Legal Ability and Ethical Standards
Best Lawyers in Canada: Appellate Practice; Class Action Litigation; Corporate and Commercial Litigation; Health Care Law; Legal Malpractice Law; Medical Negligence; Personal Injury Litigation; Product Liability Law
Lawyer of the Year Health Care Law London/Windsor (2024; 2021; 2019; 2016)
Lawyer of the Year Class Action Litigation London/Windsor (2018)
Lawyer of the Year Product Liability Law London/Windsor (2017)
Lawyer of the Year Legal Malpractice Law London/Windsor (2014)
Lawyer of the Year Personal Injury Litigation London/Windsor (2013; 2009)
Recognized in the Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers (2018-2023)
Senior trial co-counsel in Andersen v. St. Jude Medical, Canada's first medical product liability class action trial
Counsel to the Honourable Mr. Justice Roland Haines, Review of Meat Regulation and Inspection in Ontario (2004)
Gold medals for academic standing and contribution to the Faculty of Law, University of Windsor

Noteworthy Cases

Rogerson v. Grey Bruce Regional Health Centre, 2024 ONCA 303
Farej v. Fellowes, 2022 ONCA 254
Farej v. Fellowes, 2022 ONSC 3722
Gordon Dunk Farms Limited v. HFH Inc., 2021 ONCA 68
Nordic Windows v. Aviva, 2021 ONSC 4477
1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35
Tuffnails v. Meekes, 2020 ONCA 240
Krieser v. Garber, 2020 ONCA 699
Drake v. Goodwin, 2019 ONSC 2865, (Divisional Court)
Peralta v. Peralta, 2019 ONSC 2852
1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2018 ONCA 407
Nordik Windows v. Aviva, 2021 ONSC 4477
Kapoor v. Kuzmanovski, 2018 ONSC 4770
ALS Society of Essex v. Windsor and Tecumseh 2016 ONSC 1929 (Div Crt.)
ALS Society of Essex v. Windsor, 2016 ONSC 676
Campbell v. Bruce (County), 2016 ONCA 371
Hollowcore Incorporated v. Visocchi, 2016 ONCA 600
Hollowcore v. Visocchi, 2016 ONCA 761
ALS Society of Essex v. Windsor, 2015 ONCA 572
ALS Society of Essex v. Windsor, 2013 ONCA
Norman v. Thunder Bay Regional Health Centre, 2015 ONSC 3252
Goodwin v. Olupona, 2013 ONCA 259
Lauzon v. AXA Insurance (Canada), 2013 ONCA 664
Anderson v. St. Jude Medical Inc., 2012 ONSC 3660 - Canada's first medical product liability class action trial (Co-Lead Counsel)
Abu Hammam v. Usher, 2012 ONCA 818
Wolfe v. Pickar, 2011 ONCA 347
Wolfe et al. v. Wyeth et al., 2010 ONSC 2368
R v. EllisDon Corporation Ltd., 2008 ONCA 789
Ontario (Ministry of Labour) v. Modern Niagara Toronto Inc., 2008 ONCA 590
Tanner v. Clarke and Wilf Morrison Trucking, (28 February 2003), Toronto C38886 (Ont CA)

Presentations and Publications

Author, lecturer and presenter on various legal topics including: civil procedure, trial advocacy, law of damages, health law, tort law, personal injury and insurance law, construction law and occupational health and safety
Co-Author, "A Call For Causation Coherence: Back to Basics in the "But For" Test," The Advocates Quarterly, June 2024, at pg 428
Co-Author, "Mentorship: The advocate's duty," The Advocates' Journal, Vol. 42, No 1; Summer 2023
Co-Author, "Appeal-Proofing Your Trial: Protecting Against (or Positioning for) the Appeal," The Advocates' Journal, Vol 51, No 4; June 2021
Panelist: “Scenarios: Conducting Realistic Damage Assessments”, Tricks of the Trade, The Advocates’ Society, January 2023
Presenter: “Batch/Serial Claims and Mass Torts”, Medical Professional Liability (MPL) Association International Conference, October 2022
Co-presenter: “Appeal Proofing Your Trial”, Sixteenth Annual Straight From the Bench Conference, Middlesex Law Association, November, 2021
Co-Author “Revisiting Class Counsel Fee Approvals: Towards Presumptive Validity of Contingency Fee Agreements”, The Canadian Class Action Review, Volume 17, Issue 1 (Irwin Law), August 2021
Co-Author: “The Intersection of Class Proceedings and Mass Tort Litigation: Arsalani v Islamic Republic of Iran”, BCF Class Action Netletter™, (LexisNexis Canada Inc.), April 2021
Co-Presenter: “Appeal Proofing Your Trial”, Ontario Trial Lawyers Association Fall Conference, October 2020
Co-Author: “Limitation Periods in No Fault Insurance Claims”, The Middlesex Law Association Snail, February 2020
Co-presenter: “Effective Use of Experts”, Litigating the Medical Malpractice Claim , Ontario Bar Association Program, April 2013
Co-Presenter: "Waiver of Tort on Trial: Anderson v. St. Jude Medical”, Civil Litigation Summit, ", Law Society of Upper Canada, May 2012
Co-Presenter: "Retaining Experts", Medical Malpractice: A How to Guide, Ontario Bar Association Continuing Legal Education, March 2012
Co-Presenter: "Use of Medical Literature in Medical Negligence Actions", Medical Malpractice: A How to Guide, Ontario Bar Association Continuing Legal Education, March 2012
Co-Presenter: "Discovery: Obtaining Full and Effective Disclosure", Medical Malpractice: A How to Guide, Ontario Bar Association Continuing Legal Education, March 2012
Co-Author: Revisiting Wrongful Life Claims in Canada – Can There Be A Cause of Action Bovingdon v. Hergott”, The Advocates' Quarterly, Volume 34, Number 2, April 2008
Co-Author: “The Illusory Shield: The Collateral Use of Information in Civil and Regulatory Proceedings”, The Litigator, May 2007
Co-Author: "With Patient Rights Come Patient Responsibilities: Contributory Negligence in Medical Negligence Actions", The Advocates' Quarterly, Volume 33, 2007
Co-Author: "Mandatory Physician Reporting of Drivers with Medical Conditions and Legal Considerations", Can J Cardiol, Vol 20, No 13, p 1324, 2004
Contributing Editor, “Remedies in Tort” (Carswell), 2000
Co-Author: "Potential Legal Liability in the Allocation of Scarce Health Care Resources", Annals RCPSC, Vol 28, No 3, p 153, 1995
Past Adjunct Professor at the Faculty of Law, University of Western Ontario in civil procedure
Lecturer in medical negligence and class actions at Western University Faculty of Law
Past Contributing Editor, Professional Liability and Discipline Litigation Journal, Federated Press

LERNx Posts

Community Service

Past President, The Advocates' Society (2022-2023)
Past Member of the Executive Committee and Board of Directors, The Advocates' Society (2019-2023)
Past Member, Board of Directors, Fanshawe College Foundation
Past Member, Board of Directors, The Canadian Medical Hall of Fame
Past Chair, Board of Directors, London Health Sciences Foundation
Past Member, Board of Directors, London Health Sciences Centre
Past Member, Board of Directors, London Community Foundation
Member of Ambassadors Club, London Health Sciences Foundation
Past President and Board Member, London Ukrainian Centre
Past Chair, Victoria Hospital Country Classic Auction
Past Chair and Founding Member, Tastings, an event in support of the London Health Sciences Centre
Past Vice Chair, Fanshawe College Capital Campaign
Past Member, Fanshawe College Investment Committee
Past Member, Advisory Committee, Federal Judicial Appointments for Ontario (Law Society of Ontario representative)