C. Kirk Boggs
Partner
Kirk, senior partner in Toronto, specializes in complex insurance litigation, public entity defence, and international arbitration. Known for his strategic insight and advocacy, Kirk provides proactive, results-driven solutions to navigate disputes.
Areas of Expertise
Municipal and Public Entity Defence
Class Action and Mass Tort Claim Defence
Specialized Coverage Assistance, Insured and Insurer
Charter Related Disputes
Medical Negligence Defence
Professional Negligence Claims
Complex Personal Injury and Property Damage Claims
General & Commercial Liability Claims
Education
Admitted to Ontario Bar (1984)
Bachelor of Laws, Osgoode Hall (1982)
Education
Admitted to Ontario Bar (1984)
Bachelor of Laws, Osgoode Hall (1982)
Education
Admitted to Ontario Bar (1984)
Bachelor of Laws, Osgoode Hall (1982)
Awards and Recognition
Certified as a Specialist in Civil Litigation by the Law Society of Ontario
Recognized and selected as one of “The Best Lawyers in Canada” in the areas of appellate practice (2020-2025), healthcare law (2019-2025), insurance law (2006-2025), medical negligence (2020-2025)
Recognized as a leading practitioner by Lexpert in the areas of commercial insurance, professional liability, medical negligence, personal injury (2002-2025)
Recognized in the Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers (2024)
Nominated by peers and appeared as a leading practitioner in the Insurance and Reinsurance Expert Guide, published by Legal Media Group (2021)
Recipient Ontario Bar Association Award for Excellence in Insurance Law (2018)
Senior Fellow, Litigation Counsel of America (2017); Fellow (2009)
Awards and Recognition
Certified as a Specialist in Civil Litigation by the Law Society of Ontario
Recognized and selected as one of “The Best Lawyers in Canada” in the areas of appellate practice (2020-2025), healthcare law (2019-2025), insurance law (2006-2025), medical negligence (2020-2025)
Recognized as a leading practitioner by Lexpert in the areas of commercial insurance, professional liability, medical negligence, personal injury (2002-2025)
Recognized in the Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers (2024)
Nominated by peers and appeared as a leading practitioner in the Insurance and Reinsurance Expert Guide, published by Legal Media Group (2021)
Recipient Ontario Bar Association Award for Excellence in Insurance Law (2018)
Senior Fellow, Litigation Counsel of America (2017); Fellow (2009)
Awards and Recognition
Certified as a Specialist in Civil Litigation by the Law Society of Ontario
Recognized and selected as one of “The Best Lawyers in Canada” in the areas of appellate practice (2020-2025), healthcare law (2019-2025), insurance law (2006-2025), medical negligence (2020-2025)
Recognized as a leading practitioner by Lexpert in the areas of commercial insurance, professional liability, medical negligence, personal injury (2002-2025)
Recognized in the Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers (2024)
Nominated by peers and appeared as a leading practitioner in the Insurance and Reinsurance Expert Guide, published by Legal Media Group (2021)
Recipient Ontario Bar Association Award for Excellence in Insurance Law (2018)
Senior Fellow, Litigation Counsel of America (2017); Fellow (2009)
Selected Presentations and Publications
“Class Actions and Mass Tort: Definitely Not Cookie Cutter Litigation. Carefully Considering Your Strategic Response”. Presentation to SPIAO on December 6, 2024
“Strategic Defence of Class Actions”, joint presentation with Nada Nicola-Howorth at MPER Conference April 18, 2024
“On The Other Side of the Curtain -Why What You Do Matters”, joint presentation with Pino Cianfrani to the Municipal Internal Auditors of Ontario May 1, 2023
The Law of Enforcement: A Primer. This paper published in the 2023 Annual Review of Civil litigation was co-authored with Stuart Zacharias. It provides an overview of how courts assess police conduct.
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
Some Tips So You Can Avoid Having to Hire Me, The Advocates’ Society, Tricks of the Trade 2014
Boundary Roads - Everybody Has Them and Nobody Wants Them, Society of Public Insurance Administrators of Ontario 2014 Fall Conference
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
Selected Presentations and Publications
“Class Actions and Mass Tort: Definitely Not Cookie Cutter Litigation. Carefully Considering Your Strategic Response”. Presentation to SPIAO on December 6, 2024
“Strategic Defence of Class Actions”, joint presentation with Nada Nicola-Howorth at MPER Conference April 18, 2024
“On The Other Side of the Curtain -Why What You Do Matters”, joint presentation with Pino Cianfrani to the Municipal Internal Auditors of Ontario May 1, 2023
The Law of Enforcement: A Primer. This paper published in the 2023 Annual Review of Civil litigation was co-authored with Stuart Zacharias. It provides an overview of how courts assess police conduct.
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
Some Tips So You Can Avoid Having to Hire Me, The Advocates’ Society, Tricks of the Trade 2014
Boundary Roads - Everybody Has Them and Nobody Wants Them, Society of Public Insurance Administrators of Ontario 2014 Fall Conference
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
Selected Presentations and Publications
“Class Actions and Mass Tort: Definitely Not Cookie Cutter Litigation. Carefully Considering Your Strategic Response”. Presentation to SPIAO on December 6, 2024
“Strategic Defence of Class Actions”, joint presentation with Nada Nicola-Howorth at MPER Conference April 18, 2024
“On The Other Side of the Curtain -Why What You Do Matters”, joint presentation with Pino Cianfrani to the Municipal Internal Auditors of Ontario May 1, 2023
The Law of Enforcement: A Primer. This paper published in the 2023 Annual Review of Civil litigation was co-authored with Stuart Zacharias. It provides an overview of how courts assess police conduct.
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
Some Tips So You Can Avoid Having to Hire Me, The Advocates’ Society, Tricks of the Trade 2014
Boundary Roads - Everybody Has Them and Nobody Wants Them, Society of Public Insurance Administrators of Ontario 2014 Fall Conference
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
Noteworthy Cases
1815212 Ontario Inc. et al. v. Enbridge Gas Distribution Inc. et al., 2025 ONSC 1243 (CanLII) -disqualification of plaintiff’s forensic accounting expert at trial
Christian Heritage Party of Canada v. City of Hamilton, 2024 ONSC 6181 (CanLII) -Divisional Court – successful defence of judicial review application alleging Charter violations relating to the City’s refusal to run a political advertisement in City bus shelters.
Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2024 ONCA 479 (CanLII), affirming 2023 ONSC 3356 (CanLII), counsel for Gore Mutual in successful trial and appeal defence of class action alleging coverage under commercial property insurance policies with respect to COVID-19 related business losses.
Pugliese v. Chartwell, 2024 ONSC 1135 - Successfully defended the Regional Municipality of Durham with respect to a class action certification motion arising from COVID-19 deaths and infections at long-term care homes during the pandemic.
Avedian v. Enbridge Gas Distribution Inc., 2023 ONCA 289, affirming 2022 ONSC 3343 (CanLII) -successful defence of motion to amend pleadings prior to trial. Non-compensable prejudice to defendants proven.
The Corporation of the City of Belleville v. Gore Mutual Insurance Company, 2021 ONSC 3854 (CanLII) -successful defence of insurer related to alleged duty to defend actions related to environmental clean-up.
Youssef v. Misselbrook, 2020 ONCA 83, application for leave to appeal dismissed, 2020 CanLII 43123 (SCC) -appellate counsel for seriously injured plaintiff relating to accident where donkeys escaped leased property. Liability on property owner upheld.
Argyropoulos v. Rioux, 2020 ONSC 8044 (CanLII) - successful defence of personal injury lawyer relating to client’s allegations of professional negligence relating to the prosecution of his claim for personal injuries.
Smith v. Ontario (Attorney General), 2019 ONCA 651-counsel for police service with respect to determination of the scope of the Crown’s duty of care to police officers with respect to legal advice provided during a murder investigation and the defence of reasonable reliance on that legal advice in the context of a claim for negligent investigation.
J.K. v. Ontario, 2017 ONCA 902, affirming 2016 ONSC 8047 (CanLII) -counsel for multiple youth detention centres with respect to their successful defence of proposed class action against them related to alleged Charter violations with respect to solitary confinement.
Belanger v. Sudbury (Regional Municipality), 2017 ONCA 546 (CanLII) -appellate counsel for City with respect to judgment against it for non-repair of a road due to icy conditions.
495793 Ontario Ltd. (Central Auto Parts) v. Barclay, 2016 ONCA 656 – appellate counsel for 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 and action dismissed.
Myers-Gordon v. Martin, 2014 ONCA 767 (CanLII), affirming 2013 ONSC 4331 (CanLII) -counsel for defendant insurer relating to successful defence of claim for coverage relating to lack of consent.
Phillion v. Ontario (Attorney General), 2014 ONCA 567 -counsel for police service with respect to plaintiff’s action for alleged negligent investigation relating to murder conviction. Law with respect to abuse of process clarified.
Romaine v. Johnson, 2013 ONCA 23 (CanLII), affirming 2012 ONSC 3449 (CanLII) -counsel for police service with respect to plaintiff’s claim of negligent investigation relating to criminal charges brought against him with respect to workplace misconduct. Action dismissed.
Barbe-Langevin v. Brasseur, 2013 ONSC 1689 (CanLII) -successful defence of motion to remove plaintiff’s lawyers due to alleged conflict.
Blair v. Toronto Community Housing Corporation, 2011 ONSC 4395 (CanLII) - counsel for third parties Claimspro/Mustang Security added to action after certification of main action as a class proceeding. Action stayed against them.
Dinunzio v. Hamilton (City), 2011 ONCA 65 (CanLII), affirming 2010 ONSC 3631 (CanLII) -counsel for police service with respect to successful defence of action against it by employee relating to her involvement in a police investigation.
Deering v. Scugog (Township), 2010 ONSC 5502 (CanLII) -counsel for defendant municipalities with respect to catastrophic accidents wherein the duty of care owed by a municipality relating to the maintenance of its roads was clarified and limited to drivers operating their motor vehicles in a non-negligent manner.
Herbert v. Brantford (City), 2010 ONSC 2681 (CanLII) -trial counsel for the municipality with respect to catastrophic injury on a recreational trail.
Safai v. Bruce N. Huntley Contracting Limited, 2010 ONCA 545 appellate counsel with respect to successful appeal related to discoverability principle for limitation periods.
R.E. v. Wawanesa Mutual Insurance Company (2007), 84 O.R. (3d) 668 (C.A.) -appellate counsel for insurer with respect to successful appeal of claim for coverage relating to shooting incident. Scope of criminal act exclusion clarified and applied.
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.) -counsel for police service with respect to successful defence of action by police officers alleging tortious conduct by senior officers relating to their misconduct with respect to a murder investigation.
McLaren v. Stratford (City), 2004 CanLII 1793 (ON SC), 2005 CanLII 19801 (ON SC) -counsel for municipality with respect to proposed class action for flooding due to severe storm. Class fractured and certification of action limited.
Maple Valley Acres Ltd. v. CIBC, [2003] O.J. No. 4387 (C.A.), affirming (2001), 46 R.P.R. (3d) 32 -trial and appeal counsel with respect to successful defence of lawyer relating to allegations of negligence with respect to mortgage financing on plaintiff’s property.
YMCA of Hamilton-Burlington v. 331783 Ontario Ltd., [2003] O.J. No. 2201 (C.A.), affirming 2001 Carswell Ont. 3745 -successful action against sauna installer relating to property damage to YMCA caused by negligently installed sauna heater.
Gore Mutual v. Co-operators; Warwick v. Gore Mutual (1997), 32 O.R. (3d) 76 (C.A.) -counsel with respect to hearing and appeal settling the law with respect to priority of insurers for accident benefits under Insurance Act.
Brazzoni v. City of Timmins (1992), O.J. No. 254 (C.A.) -appellate counsel for successful municipality establishing law with respect to adjacent property owner creating a nuisance by allowing water from its building to drain on to an adjacent sidewalk and freeze creating a hazardous condition.
Mero v. Regional Municipality of Waterloo (1992), 70 O.R. (3d) 102 (C.A.), affirming (1990) 69 O.R. (2d) 375 -counsel for municipality establishing that the statutory tort for non-repair of a road includes all possible claims relating to something wrong with a road
Von Cramm v. Riverside Hospital of Ottawa (1986), 56 O.R. (2d) 700 (C.A.) –counsel for hospital establishing that all FLA claims are derivative and subject to the limitation period or other statutory bars applying to the injured/deceased’s claims.
Noteworthy Cases
1815212 Ontario Inc. et al. v. Enbridge Gas Distribution Inc. et al., 2025 ONSC 1243 (CanLII) -disqualification of plaintiff’s forensic accounting expert at trial
Christian Heritage Party of Canada v. City of Hamilton, 2024 ONSC 6181 (CanLII) -Divisional Court – successful defence of judicial review application alleging Charter violations relating to the City’s refusal to run a political advertisement in City bus shelters.
Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2024 ONCA 479 (CanLII), affirming 2023 ONSC 3356 (CanLII), counsel for Gore Mutual in successful trial and appeal defence of class action alleging coverage under commercial property insurance policies with respect to COVID-19 related business losses.
Pugliese v. Chartwell, 2024 ONSC 1135 - Successfully defended the Regional Municipality of Durham with respect to a class action certification motion arising from COVID-19 deaths and infections at long-term care homes during the pandemic.
Avedian v. Enbridge Gas Distribution Inc., 2023 ONCA 289, affirming 2022 ONSC 3343 (CanLII) -successful defence of motion to amend pleadings prior to trial. Non-compensable prejudice to defendants proven.
The Corporation of the City of Belleville v. Gore Mutual Insurance Company, 2021 ONSC 3854 (CanLII) -successful defence of insurer related to alleged duty to defend actions related to environmental clean-up.
Youssef v. Misselbrook, 2020 ONCA 83, application for leave to appeal dismissed, 2020 CanLII 43123 (SCC) -appellate counsel for seriously injured plaintiff relating to accident where donkeys escaped leased property. Liability on property owner upheld.
Argyropoulos v. Rioux, 2020 ONSC 8044 (CanLII) - successful defence of personal injury lawyer relating to client’s allegations of professional negligence relating to the prosecution of his claim for personal injuries.
Smith v. Ontario (Attorney General), 2019 ONCA 651-counsel for police service with respect to determination of the scope of the Crown’s duty of care to police officers with respect to legal advice provided during a murder investigation and the defence of reasonable reliance on that legal advice in the context of a claim for negligent investigation.
J.K. v. Ontario, 2017 ONCA 902, affirming 2016 ONSC 8047 (CanLII) -counsel for multiple youth detention centres with respect to their successful defence of proposed class action against them related to alleged Charter violations with respect to solitary confinement.
Belanger v. Sudbury (Regional Municipality), 2017 ONCA 546 (CanLII) -appellate counsel for City with respect to judgment against it for non-repair of a road due to icy conditions.
495793 Ontario Ltd. (Central Auto Parts) v. Barclay, 2016 ONCA 656 – appellate counsel for 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 and action dismissed.
Myers-Gordon v. Martin, 2014 ONCA 767 (CanLII), affirming 2013 ONSC 4331 (CanLII) -counsel for defendant insurer relating to successful defence of claim for coverage relating to lack of consent.
Phillion v. Ontario (Attorney General), 2014 ONCA 567 -counsel for police service with respect to plaintiff’s action for alleged negligent investigation relating to murder conviction. Law with respect to abuse of process clarified.
Romaine v. Johnson, 2013 ONCA 23 (CanLII), affirming 2012 ONSC 3449 (CanLII) -counsel for police service with respect to plaintiff’s claim of negligent investigation relating to criminal charges brought against him with respect to workplace misconduct. Action dismissed.
Barbe-Langevin v. Brasseur, 2013 ONSC 1689 (CanLII) -successful defence of motion to remove plaintiff’s lawyers due to alleged conflict.
Blair v. Toronto Community Housing Corporation, 2011 ONSC 4395 (CanLII) - counsel for third parties Claimspro/Mustang Security added to action after certification of main action as a class proceeding. Action stayed against them.
Dinunzio v. Hamilton (City), 2011 ONCA 65 (CanLII), affirming 2010 ONSC 3631 (CanLII) -counsel for police service with respect to successful defence of action against it by employee relating to her involvement in a police investigation.
Deering v. Scugog (Township), 2010 ONSC 5502 (CanLII) -counsel for defendant municipalities with respect to catastrophic accidents wherein the duty of care owed by a municipality relating to the maintenance of its roads was clarified and limited to drivers operating their motor vehicles in a non-negligent manner.
Herbert v. Brantford (City), 2010 ONSC 2681 (CanLII) -trial counsel for the municipality with respect to catastrophic injury on a recreational trail.
Safai v. Bruce N. Huntley Contracting Limited, 2010 ONCA 545 appellate counsel with respect to successful appeal related to discoverability principle for limitation periods.
R.E. v. Wawanesa Mutual Insurance Company (2007), 84 O.R. (3d) 668 (C.A.) -appellate counsel for insurer with respect to successful appeal of claim for coverage relating to shooting incident. Scope of criminal act exclusion clarified and applied.
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.) -counsel for police service with respect to successful defence of action by police officers alleging tortious conduct by senior officers relating to their misconduct with respect to a murder investigation.
McLaren v. Stratford (City), 2004 CanLII 1793 (ON SC), 2005 CanLII 19801 (ON SC) -counsel for municipality with respect to proposed class action for flooding due to severe storm. Class fractured and certification of action limited.
Maple Valley Acres Ltd. v. CIBC, [2003] O.J. No. 4387 (C.A.), affirming (2001), 46 R.P.R. (3d) 32 -trial and appeal counsel with respect to successful defence of lawyer relating to allegations of negligence with respect to mortgage financing on plaintiff’s property.
YMCA of Hamilton-Burlington v. 331783 Ontario Ltd., [2003] O.J. No. 2201 (C.A.), affirming 2001 Carswell Ont. 3745 -successful action against sauna installer relating to property damage to YMCA caused by negligently installed sauna heater.
Gore Mutual v. Co-operators; Warwick v. Gore Mutual (1997), 32 O.R. (3d) 76 (C.A.) -counsel with respect to hearing and appeal settling the law with respect to priority of insurers for accident benefits under Insurance Act.
Brazzoni v. City of Timmins (1992), O.J. No. 254 (C.A.) -appellate counsel for successful municipality establishing law with respect to adjacent property owner creating a nuisance by allowing water from its building to drain on to an adjacent sidewalk and freeze creating a hazardous condition.
Mero v. Regional Municipality of Waterloo (1992), 70 O.R. (3d) 102 (C.A.), affirming (1990) 69 O.R. (2d) 375 -counsel for municipality establishing that the statutory tort for non-repair of a road includes all possible claims relating to something wrong with a road
Von Cramm v. Riverside Hospital of Ottawa (1986), 56 O.R. (2d) 700 (C.A.) –counsel for hospital establishing that all FLA claims are derivative and subject to the limitation period or other statutory bars applying to the injured/deceased’s claims.
Noteworthy Cases
1815212 Ontario Inc. et al. v. Enbridge Gas Distribution Inc. et al., 2025 ONSC 1243 (CanLII) -disqualification of plaintiff’s forensic accounting expert at trial
Christian Heritage Party of Canada v. City of Hamilton, 2024 ONSC 6181 (CanLII) -Divisional Court – successful defence of judicial review application alleging Charter violations relating to the City’s refusal to run a political advertisement in City bus shelters.
Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2024 ONCA 479 (CanLII), affirming 2023 ONSC 3356 (CanLII), counsel for Gore Mutual in successful trial and appeal defence of class action alleging coverage under commercial property insurance policies with respect to COVID-19 related business losses.
Pugliese v. Chartwell, 2024 ONSC 1135 - Successfully defended the Regional Municipality of Durham with respect to a class action certification motion arising from COVID-19 deaths and infections at long-term care homes during the pandemic.
Avedian v. Enbridge Gas Distribution Inc., 2023 ONCA 289, affirming 2022 ONSC 3343 (CanLII) -successful defence of motion to amend pleadings prior to trial. Non-compensable prejudice to defendants proven.
The Corporation of the City of Belleville v. Gore Mutual Insurance Company, 2021 ONSC 3854 (CanLII) -successful defence of insurer related to alleged duty to defend actions related to environmental clean-up.
Youssef v. Misselbrook, 2020 ONCA 83, application for leave to appeal dismissed, 2020 CanLII 43123 (SCC) -appellate counsel for seriously injured plaintiff relating to accident where donkeys escaped leased property. Liability on property owner upheld.
Argyropoulos v. Rioux, 2020 ONSC 8044 (CanLII) - successful defence of personal injury lawyer relating to client’s allegations of professional negligence relating to the prosecution of his claim for personal injuries.
Smith v. Ontario (Attorney General), 2019 ONCA 651-counsel for police service with respect to determination of the scope of the Crown’s duty of care to police officers with respect to legal advice provided during a murder investigation and the defence of reasonable reliance on that legal advice in the context of a claim for negligent investigation.
J.K. v. Ontario, 2017 ONCA 902, affirming 2016 ONSC 8047 (CanLII) -counsel for multiple youth detention centres with respect to their successful defence of proposed class action against them related to alleged Charter violations with respect to solitary confinement.
Belanger v. Sudbury (Regional Municipality), 2017 ONCA 546 (CanLII) -appellate counsel for City with respect to judgment against it for non-repair of a road due to icy conditions.
495793 Ontario Ltd. (Central Auto Parts) v. Barclay, 2016 ONCA 656 – appellate counsel for 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 and action dismissed.
Myers-Gordon v. Martin, 2014 ONCA 767 (CanLII), affirming 2013 ONSC 4331 (CanLII) -counsel for defendant insurer relating to successful defence of claim for coverage relating to lack of consent.
Phillion v. Ontario (Attorney General), 2014 ONCA 567 -counsel for police service with respect to plaintiff’s action for alleged negligent investigation relating to murder conviction. Law with respect to abuse of process clarified.
Romaine v. Johnson, 2013 ONCA 23 (CanLII), affirming 2012 ONSC 3449 (CanLII) -counsel for police service with respect to plaintiff’s claim of negligent investigation relating to criminal charges brought against him with respect to workplace misconduct. Action dismissed.
Barbe-Langevin v. Brasseur, 2013 ONSC 1689 (CanLII) -successful defence of motion to remove plaintiff’s lawyers due to alleged conflict.
Blair v. Toronto Community Housing Corporation, 2011 ONSC 4395 (CanLII) - counsel for third parties Claimspro/Mustang Security added to action after certification of main action as a class proceeding. Action stayed against them.
Dinunzio v. Hamilton (City), 2011 ONCA 65 (CanLII), affirming 2010 ONSC 3631 (CanLII) -counsel for police service with respect to successful defence of action against it by employee relating to her involvement in a police investigation.
Deering v. Scugog (Township), 2010 ONSC 5502 (CanLII) -counsel for defendant municipalities with respect to catastrophic accidents wherein the duty of care owed by a municipality relating to the maintenance of its roads was clarified and limited to drivers operating their motor vehicles in a non-negligent manner.
Herbert v. Brantford (City), 2010 ONSC 2681 (CanLII) -trial counsel for the municipality with respect to catastrophic injury on a recreational trail.
Safai v. Bruce N. Huntley Contracting Limited, 2010 ONCA 545 appellate counsel with respect to successful appeal related to discoverability principle for limitation periods.
R.E. v. Wawanesa Mutual Insurance Company (2007), 84 O.R. (3d) 668 (C.A.) -appellate counsel for insurer with respect to successful appeal of claim for coverage relating to shooting incident. Scope of criminal act exclusion clarified and applied.
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.) -counsel for police service with respect to successful defence of action by police officers alleging tortious conduct by senior officers relating to their misconduct with respect to a murder investigation.
McLaren v. Stratford (City), 2004 CanLII 1793 (ON SC), 2005 CanLII 19801 (ON SC) -counsel for municipality with respect to proposed class action for flooding due to severe storm. Class fractured and certification of action limited.
Maple Valley Acres Ltd. v. CIBC, [2003] O.J. No. 4387 (C.A.), affirming (2001), 46 R.P.R. (3d) 32 -trial and appeal counsel with respect to successful defence of lawyer relating to allegations of negligence with respect to mortgage financing on plaintiff’s property.
YMCA of Hamilton-Burlington v. 331783 Ontario Ltd., [2003] O.J. No. 2201 (C.A.), affirming 2001 Carswell Ont. 3745 -successful action against sauna installer relating to property damage to YMCA caused by negligently installed sauna heater.
Gore Mutual v. Co-operators; Warwick v. Gore Mutual (1997), 32 O.R. (3d) 76 (C.A.) -counsel with respect to hearing and appeal settling the law with respect to priority of insurers for accident benefits under Insurance Act.
Brazzoni v. City of Timmins (1992), O.J. No. 254 (C.A.) -appellate counsel for successful municipality establishing law with respect to adjacent property owner creating a nuisance by allowing water from its building to drain on to an adjacent sidewalk and freeze creating a hazardous condition.
Mero v. Regional Municipality of Waterloo (1992), 70 O.R. (3d) 102 (C.A.), affirming (1990) 69 O.R. (2d) 375 -counsel for municipality establishing that the statutory tort for non-repair of a road includes all possible claims relating to something wrong with a road
Von Cramm v. Riverside Hospital of Ottawa (1986), 56 O.R. (2d) 700 (C.A.) –counsel for hospital establishing that all FLA claims are derivative and subject to the limitation period or other statutory bars applying to the injured/deceased’s claims.
Memberships
Canadian Bar Association
Canadian Defence Lawyers
The Defence Research Institute
The Toronto Lawyers' Club
Toronto Lawyers' Association
Memberships
Canadian Bar Association
Canadian Defence Lawyers
The Defence Research Institute
The Toronto Lawyers' Club
Toronto Lawyers' Association
Memberships
Canadian Bar Association
Canadian Defence Lawyers
The Defence Research Institute
The Toronto Lawyers' Club
Toronto Lawyers' Association
Thinking Outside the Box to Achieve his Client’s Needs
C. Kirk Boggs is a senior partner in Lerners Toronto office who practises in the Specialty Risk and Insurance, Defence Class Actions, Appeals and International Commercial Arbitrations areas. A true counsel, his extensive experience includes high profile public entity insurance defence work for municipalities, police and fire departments, as well as high-value insurance matters involving cyber coverage, reinsurance and other specialty insurance areas.
A fearless advocate, Kirk has significant expertise in international commercial disputes and arbitrations. He is certified as a Specialist in Civil Litigation by the Law Society of Ontario. “The work I do is complex and unique. Creativity, practicality, and a commitment to excellence are what I bring to the table,” says Kirk. “You can't always choose if you will litigate but, with careful planning, you can adopt strategies that allow you to control the process and hopefully achieve your goals. What I deliver, in consultation with my clients, is a proactive plan for success with every resource focused on delivering it.”
Sensitive to political issues or other optics that need to be considered, Kirk creates litigation strategies that help clients successfully navigate those realities and achieve their goals. Sometimes his proposed strategy takes a file in a different direction from what the client might initially expect, often with significant savings as well as a win-win result being achieved. “To successfully defend any case, you need to identify and address from day 1 all weaknesses that opposing counsel will try to exploit. It's very rewarding to prepare a defence strategy and then see the case ultimately resolve some time later as planned,” he adds.
C. Kirk Boggs is a senior partner in Lerners Toronto office who practises in the Specialty Risk and Insurance, Defence Class Actions, Appeals and International Commercial Arbitrations areas. A true counsel, his extensive experience includes high profile public entity insurance defence work for municipalities, police and fire departments, as well as high-value insurance matters involving cyber coverage, reinsurance and other specialty insurance areas.
A fearless advocate, Kirk has significant expertise in international commercial disputes and arbitrations. He is certified as a Specialist in Civil Litigation by the Law Society of Ontario. “The work I do is complex and unique. Creativity, practicality, and a commitment to excellence are what I bring to the table,” says Kirk. “You can't always choose if you will litigate but, with careful planning, you can adopt strategies that allow you to control the process and hopefully achieve your goals. What I deliver, in consultation with my clients, is a proactive plan for success with every resource focused on delivering it.”
Sensitive to political issues or other optics that need to be considered, Kirk creates litigation strategies that help clients successfully navigate those realities and achieve their goals. Sometimes his proposed strategy takes a file in a different direction from what the client might initially expect, often with significant savings as well as a win-win result being achieved. “To successfully defend any case, you need to identify and address from day 1 all weaknesses that opposing counsel will try to exploit. It's very rewarding to prepare a defence strategy and then see the case ultimately resolve some time later as planned,” he adds.
C. Kirk Boggs is a senior partner in Lerners Toronto office who practises in the Specialty Risk and Insurance, Defence Class Actions, Appeals and International Commercial Arbitrations areas. A true counsel, his extensive experience includes high profile public entity insurance defence work for municipalities, police and fire departments, as well as high-value insurance matters involving cyber coverage, reinsurance and other specialty insurance areas.
A fearless advocate, Kirk has significant expertise in international commercial disputes and arbitrations. He is certified as a Specialist in Civil Litigation by the Law Society of Ontario. “The work I do is complex and unique. Creativity, practicality, and a commitment to excellence are what I bring to the table,” says Kirk. “You can't always choose if you will litigate but, with careful planning, you can adopt strategies that allow you to control the process and hopefully achieve your goals. What I deliver, in consultation with my clients, is a proactive plan for success with every resource focused on delivering it.”
Sensitive to political issues or other optics that need to be considered, Kirk creates litigation strategies that help clients successfully navigate those realities and achieve their goals. Sometimes his proposed strategy takes a file in a different direction from what the client might initially expect, often with significant savings as well as a win-win result being achieved. “To successfully defend any case, you need to identify and address from day 1 all weaknesses that opposing counsel will try to exploit. It's very rewarding to prepare a defence strategy and then see the case ultimately resolve some time later as planned,” he adds.
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Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.