Morgan Martin

Morgan Martin

Morgan Martin is an insurance defence, hospitality and sports lawyer and manages the Toronto office.

Morgan has significant experience defending claims involving occupiers’ liability, municipal liability, professional negligence, hospitality liability (commercial and social host), property insurance, product liability and civil claims involving police liability.  He regularly defends multi-million dollar claims involving catastrophic injuries including traumatic brain injuries and quadriplegia.  Morgan regularly appears as lead counsel in the Ontario Superior Court of Justice and has also appeared in the Court of Appeal.

LIQUOR LIABILITY

Morgan’s hospitality experience includes acting as preferred counsel to one of Toronto’s largest entertainment lifestyle companies, defending claims arising from the service of alcohol, forcible ejection, interior/exterior maintenance, and occupiers’ liability.  Morgan has defended hundreds of claims against the largest clubs and the smallest pubs on behalf of both domestic insurers and the London Market Insurers.

MEDICAL MALPRACTICE

Morgan has experience representing medical professionals in regulatory, disciplinary and civil matters.  He understands the unique nature of the complaint process as well as the need to ensure that all professionals are informed of their rights and obligations.  Morgan has acted for naturopaths, physiotherapists, chiropractors as well as medi-spa professionals.

SECURITY INDUSTRY LIABILITY

Morgan acts as preferred counsel to one of Ontario’s largest and well-respected commercial security companies.  He has defended all manner of claims including theft, excessive force, winter maintenance and occupiers’ liability.

COMPLEX PROPERTY LOSS

Morgan is often retained to advise on complex property losses.  Insurers retain Morgan at the investigation stage to provide strategic advice in both gathering and preserving evidence regarding origin and cause as well as damages.  Morgan has successfully defended catastrophic fire losses in residential, commercial, single and multi-unit buildings.  In addition, Morgan has defended losses involving significant business interruption exposures.

LEGAL DEFENCE

Morgan has experience defending the interests of medical professionals, private investigators, and paralegals.  He offers sound advice to complex and often career ending allegations.

SPORTS AND RECREATION LIABLITY

Morgan has acted for both sports organizations and leagues in liability claims arising from all types of injuries including traumatic brain injuries.

In addition to his insurance defence practice, Morgan has a keen interest in sports law having clerked for the Court of Arbitration for Sport at the 2005 Commonwealth Games in Melbourne, Australia, and the 2008 Summer Olympic Games in Beijing, China.

Recently, Morgan has represented National and International level athletes before the International Rugby Board and the Sports Dispute Resolution Centre of Canada (SDRCC) in anti-doping, team selection and carding disputes.  In November of 2013, Morgan sat on the first ever Fédération Internationale de Volleyball (FIVB) Appeals Panel hearing a transfer dispute in Lausanne, Switzerland. Since 2009, Morgan has been a pro bono legal adviser to Rugby Canada.

RECENT PUBLICATIONS

Co-author: “Cross-Border Coverage Issues” (2009) 27 Can. J. Ins. L. 81 (with Mr. Justice Graeme Mew)

Dr. Who? Key Concern in Non-Physician Medical Malpractice in Canada – April 2017

Co-Author: “Veterinary Malpractice Paper” – July 2017, with Lorne Folick and Sinead Linden

Causation in Complex Multi-Defendant Medical Negligence Cases: The “But For” Test  ( October 2017 )

Co-Author: “Municipality’s Duty in Freeze-Thaw Cycles” (December 2017, Dolden Wallace Folick Newsletter)

REPORTED DECISIONS

Long v. Dundee Resort et al., 2013 ONSC 4238 (CanLII)

Successful motion to apply the law of the jurisdiction where the tort was alleged to have occurred to the issues of negligence, including the applicable standard of care, duty owed to the plaintiff, causation, conditions for liability, contributory negligence, assumption of risk, imputed negligence, and joint liability.

SPEAKING ENGAGEMENTS

Hospitality Liability in Canada – Assessing the Risk, Defences and Apportionment of Liability, presented to an international insurer, December 2015

Insurance Policy Exclusions – Judicial Interpretation, Ontario Bar Association, October 2015

What is Trending in Property and Casualty Claims in Canada, presented to various Underwriters at Lloyd’s of London, October 2014

Liquor Liability in Canada, presented to various Underwriters at Lloyd’s of London, October 2013

Law in Sport – Anti-Doping, Panel Chair at the 18th Annual Commonwealth Law Conference, Cape Town, South Africa, April 2013

Morgan is a member of the Ontario Bar Association (former member of the Insurance Law Section Executive), Canadian Bar Association, Advocates’ Society and Commonwealth Lawyers Association.

Morgan Martin's practice areas include:

 

Complex Personal Injury

Occupiers’ Liability

Products Liability

Liquor Liability

Sports and Recreational Liability

Municipal Liability

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