Patrick Monaghan


For over 30 years, Patrick has practiced law as a trial and appellate advocate with a concentration on casualty, commercial, property and insurance litigation. He has successfully acted as lead counsel in numerous jury and judge-alone trials, tribunal hearings and appeals.

Patrick has represented clients in the transportation industry since being called to the Bar, and representative matters range from multi-party tractor-trailer calamities, through to products liability claims, subrogation and priority disputes and hearings at the WSIAT. Patrick has maintained a thorough understanding and an ability to effectively deal with challenging insurance-related issues, and he has appeared numerous times at trial and on appeal on matters involving coverage and contribution between insurers. He participated in the leading Canadian decision on equitable contribution, The Supreme Court of Canada decision in Family v. Lombard. Commercial disputes remain a focus with Patrick, and he has successfully litigated commercial disputes involving matters such as breach of fiduciary duty, fraud, franchise litigation, professional negligence and a wide range of contract disputes involving personal property and real estate both in the court system and by way of arbitration. In the casualty area, Patrick has carried numerous disputes to trial and appeal including heavy vehicle collisions, car and motorcycle accidents, as well as sports injury and medical malpractice cases.

With experience in shareholder disputes, class actions, employment law and a great deal of ADR experience, Patrick observes that the principles of good advocacy are common to all disputes – there is no substitute for a careful understanding of the facts and a thorough knowledge of the operative principles of law.

Patrick brings to the table the experience, judgment and creativity necessary to achieve clients’ objectives from the initial investigation stage of any dispute through to discovery and resolution, always with the ability to proceed to a trial or hearing if warranted. Around the firm, Patrick promotes teamwork, strategic thinking and the mentorship of younger lawyers.

He is a member of the Advocates’ Society, a member and an occasional speaker at the Canadian Defence Lawyers and a member of the Toronto Lawyers Association. Patrick is married with two university-age children. In addition to an active family life, Patrick’s interests include travel, snowboarding, floor hockey and his version of “playing” music – guitar and vocals.

Areas of Practice

  • Coverage Disputes
  • Occupier’s Liability
  • Personal Injury
  • Property claims
  • Motor Vehicle Accident (tort)
  • Trial Advocacy
  • Construction Claims
  • Property Claims


  • Called to the Ontario Bar, 1985
  • Bachelor of Laws (LL.B.), University of British Columbia, 1983
  • Bachelor of Arts (Hons.), Western University, 1979


  • Patrick is a member of The Advocates’ Society, The Toronto Lawyers Association and The Canadian
    Defence Lawyers Association and The Ontario Bar Association.
  • Patrick has been recognized by Best Lawyers in 2019.

Reported Decisions

Patrick’s reported decisions include:

  • Kahlon v. ACE INA Insurance, 2019 ONCA 774
  • 1472292 Ontario Inc. (Rosen Express) v. Northbridge General Insurance Company, 2019 ONCA 753
  • Cosolo v. Geo A. Kelson Company Limited, 2018 ONCA 318
  • Mabe Canada Inc. United Floor Ltd, 2016 ONSC 1060; 2016 ONSC 5794; 2017 ONCA 87
  • Coast Capital Equipment Finance Ltd. v. Old Republic Insurance Company of Canada, 2017 ONSC 6694
  • Middleton v. Pankhurst, 2016 ONSC 3157
  • Aquatech Logistics Inc. and Aviva Insurance Company of Canada v. Lombard Insurance Company, ACE INA Insurance, Lloyd’s Underwriters, Economical Mutual and Jevco, 2015 ONSC 5858
  • Kempf Nguyen, 2013 ONSC 1977; 2013 ONSC 1129; 2015 ONCA 114
  • McKee v. Montemarana, [2008] OJ 2855 (SCJ); 2009 ONCA 52
  • Jones v. Niklaus, 2008 ONCA 650
  • Apparel licensee v. Apparel licensor, ICC. in July 2008
  • Canada Universities’ Reciprocal Insurance v. CGU Insurance, 2007 ONCA 650
  • McIntyre v. Grigg, [2006] OJ No 4420 (CA)
  • Solway v. Lloyd’s Underwriters [2006] OJ No 2059 (CA)
  • ARG Construction v. Allstate Insurance, [2005] OJ No 3073 (SCJ)
  • Leggat Estate v. Leggat, [2003] OJ No 757 (CA)
  • Evans v Jenkins (2003), 20 CPC (5 th ) 299 (SCJ)
  • Family Insurance Corp v Lombard Canada, 2002 SCC 48
  • Solway v. Davis Moving & Storage Inc., [2001] OJ No. 5049 (Gen Div), [2002] OJ No 4760 (CA)
  • Canadian Universities’ Reciprocal Insurance v. Halwell, [1998] OJ No 5322 (Gen Div), (2002), 166 OAC 196
  • Workplace Safety and Insurance Appeals Tribunal Decision No. 1307/13
  • Laurie v. Federated (Mutual) Insurance Co (1991), 2 CCLI (2d) 283 (Gen Div)
  • Hall v Tkachuk, Court File No. 920/89 (Parry Sound), aff’d Div Ct