Robert Smith

Robert Smith (He/Him)

Robert has practiced insurance defence exclusively since his call to the Bar in 2010.  His practice focuses on liquor liability, occupier’s liability, insurance coverage and complex bodily injury.

Prior to joining Dolden Wallace Folick, Robert practiced with a top Toronto litigation boutique where he focused on defending bodily injury claims that arose from motor vehicle accidents and occupier’s liability.  Robert has represented his clients at mediation, arbitration and before the Ontario Superior Court of Justice.

Robert’s work includes:

Liquor Liability

Robert has been retained by international insurers to defend claims arising from slip and falls, fights, and other alcohol-related incidents arising in bars, restaurants, and special private events.

Robert has written several articles on commercial host liability and has given a presentation about how to investigate and defend claims that arise from bar fights.

Sports Liability

Robert has written and prepared presentation materials about participant liability for injuries sustained during sporting events.  He is familiar with the liability of sports leagues, including how liability can be limited through the use of waivers.

Complex bodily injury

Robert has extensive experience defending complex bodily injury claims arising from motor vehicle accidents and slip and falls.  Robert has a reputation for carrying his files from inception through to resolution with the utmost efficiency.

Property damage

Robert has acted as plaintiff counsel in subrogation claims arising out of fire loss, water leakage, and faulty workmanship.  Robert has also defended property loss claims that arose from rotten trees and fires.

Coverage

Robert has provided coverage opinions under CGL policies and advised a national insurer on re-writing the wording of an alcohol liability policy.

Institutional Sexual Abuse

Robert has represented a number of large public and private institutions in cases where plaintiffs have claimed vicarious liability for and negligence leading to sexual abuse.

Reported Decisions

Jonas v. Elliott et al, 2020 ONSC 354

Wilson v. Rieck, 2021 ONSC 609

Jonas v. Elliott, 2021 ONCA 124

Robert Smith's practice areas include:

 

Complex Personal Injury

Property Damage

Civil Sexual Abuse

Commercial General Liability

Construction

Coverage

COVID-19

Excess and Cross Border Auto

First Nations

Hospitality – Liquor Liability, Social and Commercial Host Liability

Medical Malpractice

Municipal Liability

Professional Liability

Property Specialty

Sports and Recreational Liability

Subrogation

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