Michael Burgar is an expert trial and appeal lawyer, who has worked on thousands of litigation cases over twenty-five years.
Michael has successfully conducted jury and non-jury trials. Most of his cases relate to tort and insurance law. This covers a wide range of matters, including personal injury, insurance coverage, property damage, professional liability (claims against architects, engineers, doctors and other health care professionals), construction claims, and commercial general liability matters. He has significant and successful experience in general commercial and administrative law litigation.
Areas of Practice
- Personal Injury
- Trial Advocacy
- Coverage Opinions
- Property Damage
- Professional Liability
- Construction Claims
- CGL Liability
- Admitted to Law Society of Ontario, 1994
- Admitted to Law Society of British Columbia, 1997
- Bachelor of Laws, Dalhousie, 1992
- Member of Canadian Bar Association, Advocates Society, Defence Research Institute
- Contributes to Team Lorraine, 5KM Walk to Conquer Cancer, Princess Margaret Foundation
- 1992 – Dalhousie Law (1992) – Winner of Prize for Best Mark in Jurisprudence (Legal Philosophy)
Lawyer of record in over 60 reported decisions, including:
- Al-Radwan v. Wanless, 2018 ONSC 5464 – defence win at trial, through combined effect of jury verdict and threshold motion, where plaintiff’s claim was over $1M. All claims dismissed, with costs to defendant fixed at $120K.
- Zachary Timoon Dentistry Professional Corporation v. Tonino Ciocca Dentistry Professional Corporation, 2014 ONSC 7171, affirmed 2015 ONCA 812 – plaintiff win in commercial partnership/joint venture application, where court upheld termination of dental practice co-ownership, and awarded sole ownership to dentist client on terms, and with costs ordered in his favour.
- ING v. Miracle, 2011 ONCA 321 – appeal win for CGL insurer relying on pollution liability exclusion, in an insurance coverage dispute against the Government of Canada and a Mohawk Chief.
- Cummings v. Budget Car Rentals Toronto Ltd. (1996), 29 OR (3d) 1 (CA) – acted for insurer in important authority that changed the law of the insurer’s duty to defend in motor vehicle cases, and remains good law today.