LIST OF LAWYERS
Susan E. Gunter
phone: 416.593.4411 xt.2361
fax: 416.593.5922
email: sgunter@duttonbrock.com
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Susan has been a partner at Dutton Brock since 2002. She holds a Masters of Law in Civil Litigation from Osgoode Hall Law School. She has a general insurance defence litigation practice with a concentration on professional liability and motor vehicle defence litigation. She has tried motor vehicle, regulatory negligence, insurance coverage, sexual assault, occupier's liability, marine law, disability insurance and medical malpractice cases. Susan appeared frequently in the Court of Appeal.
Susan is the immediate Past President of Canadian Defence Lawyers, the only national association of insurance defence litigators, and has been a Board Member of that association since 2004. Susan is also the Chair of CDL's Insurance Roundtable Committee which liaises with the industry on common issues. She has attended the Defence Research Institute's meetings in the U.S.A.
Susan has authored and presented many papers dealing with automobile insurance, causation, evidence, products liability and insurance coverage. She has lectured for the Canadian Defence Lawyers, Canadian Institute, the Osgoode Professional Law Program, the Ontario Bar Association, the Advocates' Society and the Law Society of Upper Canada Continuing Legal Education Program. She has chaired many continuing legal education programs, seminars and audio-conferences on insurance and civil litigation issues.
Susan also drafts and edits the well-known Dutton Brock Bulletin newsflashes for the firm's institutional clients.
Assistant
Nancy McDowall
phone: 416.593.4411 xt.2347
email: nmcdowall@duttonbrock.com
Law Clerk
Danika Cruickshank
phone: 416.593.4411 xt.2385
email: dcruickshank@duttonbrock.com
Education
Susan holds a Masters of Law in Civil Litigation from Osgoode Hall Law School, York University (2008). Originally from Fredericton, she obtained her LL.B. in 1994 from University of New Brunswick. Before that she graduated with a Bachelor of Arts in History (with Distinction, Mention: Francais) in 1991 from Carleton University. She was called to the Ontario Bar in 1996.
Awards
Susan was awarded the Davidson Dunton Memorial Scholarship for Academic Achievement in 1990
Lectures
Lessor's Liability Audio-conference - Canadian Defence Lawyers, March 2007
Boot Camp: Basic Training for New Defence Lawyers - Canadian Defence Lawyers, November 2006
Doctors and Lawyers Tell All, Co-Chair with Philippa Samworth - Joint Programme of the Medico-Legal Society of Toronto and the Canadian Defence Lawyers, October 2006
Young v. Bella - The General Damages Cap - Canadian Defence Lawyers, Audio-conference, April 2006
Bill 198 Amendments to Ontario's Insurance Act No-Fault Motor Vehicle Insurance Regime - Tort Changes for Accidents Occurring On and After October 1, 2003 - The Ontario Masters' Association 2006 Mid-Winter Meeting, February 2006
Threshold Update: Bill 59 Cases and Bill 198 Guidelines, Hot Topics in Motor Vehicle Insurance - Ontario Bar Association, November 2005
Delighting the Insurer: Making It Works - Client Relationships - Ontario Bar Association, Insurance Law Section, October 2003
Bill 198 Seminar - Tort Changes - Ontario Insurance Adjusters Association, September - October 2003
Cleaning House: Housekeeping Expense Recovery Under the Non-Catastrophic Bill 59 Tort Case - OTLA Spring Conference, May 2002
Emerging Issues in Medical Malpractice Class Action Litigation, Medical Malpractice Litigation - Canadian Institute, June 2001
Demonstrative Evidence Update, The New Six Minute Litigator - Law Society of Upper Canada, June 2000
Litigation in the City: $1 Million Liability Limit for Leasing and Rental Companies - Dutton Brock Insurance Seminar: The Dutton Brock Show, January 2007
Collateral Benefits: How to Get Deductions for High-Sticking - Dutton Brock Insurance Seminar: Dutton Brock Celebrates the Winter Olympics , January 2006
New Orders from the Top: Threshold Update - Dutton Brock Insurance Seminar: The Litigation Apprentice, January 2005
Bad Medicine: Health Care Costs Under Bill 198 - Dutton Brock Insurance Seminar: Litigation Idol, January 2004
Show Me the Money: What to Expect Under the New Costs Grid - Dutton Brock Hosted ORIMS Breakfast Meeting, March 2003
Raiders of the Lost Years: Quantifying Income Loss in Reduced Life Expectancy Cases - Dutton Brock Film Festival Insurance Seminar, 2003
Sexual Abuse Liability - DBM&C Insurance Seminar: Let's Play The Weakest Link, February 2002
Procedural Update - DBM&C Workshop, ORIMS Annual Professional Development Day, January 2002
Vicarious Liability: Is the Tribe Liable for the Acts of its Members? - DBM&C Lecture, CURIE Annual General Meeting, September 2001
Conflict of Laws Update - DBM&C Insurance Survivor Seminar, March 2, 2001
Chubb Insurance Workers Compensation Seminar, June 2000
Is the Sky the Limit? Assessing General Damages - DBM&C Insurance Seminar: Litigating Catastrophic Impairment, February 2000
Misrepresentation and Non-Disclosure: The Duty of Utmost Good Faith, The Case of the Vile Valentine - DBM&C Insurance Seminar, February 1999
General Accident Municipal Liability Seminar, April 1997
CIBC Insurance Marketing Seminar, April 1997
DBM&C and Osgoode Law School Internal Negotiation Skills Workshop (participant), February 1997
DBM&C Case Management Rules Internal Seminar, February 1997
DBM&C Introduction to the Simplified Rules (GA, CU, Reliance, Zurich Internal Seminars), March - October 1996
General Accident Bill 59 Workshops, November 1996
Publications
Damage Awards in Auto Insurance Cases - The Canadian Institute (T.J. Collier), September 2002
Preparing a Witness for Trial - Law Society of Upper Canada (T.J. Collier), Spring 2001
Causation Sensation: An Updated Guide to Athey - Practical Strategies for Advocates X (T.J. Collier), February 2001
Bill 59 Tort Rights Clarified - Law Society of Upper Canada (T.J. Collier), September 2000
Misrepresentation of Fraud in Disability Insurance Claims: The Plaintiff's Perspective - Canadian Institute: Litigating Disability Insurance Claims (T.J. Collier), November, 1999
Use and Abuse of Prior Statements - Ontario Trial Lawyers Association Fall Conference: Trial Practice Questions You Were Too Embarassed to Ask: Evidence - Trial Practice and Procedure (T.J. Collier), October 1999
Litigating Successfully Under Bill 59: Defence Strategies - Insight: Catastrophic Injury Under Bill 59 (B.J.E. Brock), November 1998
How to Present a Claim for Disability Insurance - Oral Health Magazine (T. J. Collier), April 1998
Return of the Living Dead: Supreme Court of Canada Resurrects Dead Motor Vehicle Claims in Peixeiro - DBM&C Tort Seminar (G. Kilpatrick), February 1998
Taming the Tort: The Trend to Reducing Municipalities' Exposure - DBM&C Tort Seminar (T.J. Collier), February 1998
Does the Athey Decision Turn Causation Law on its Head (or should we say "Thin-Skull")? - DBM&C Tort Seminar (P. Tushinski), February 1998
Getting What You Pay For: An Analysis of Coverages and Exclusions in the Homeowner's Insurance Policy - Homeowners Policy Seminar, Law Society of Upper Canada (G.B. Kilpatrick), Summer 1997
Litigation Cost Containment - Canadian Institute (W.G. Dutton), May 1997
Psychologists Disclosure Obligations Under Bill 59 - Barbara Ward Symposium, College of Psychologists of Ontario (P. Tushinski), February 1997
The Effect of Structured Settlement Provisions in Bill 59 and s.116, Courts of Justice Act - Practical Strategies for Advocates IV, The Advocates' Society (W.G. Dutton), October 1996
The Advocate as Defendant in Civil Actions: Breaching the Warranty of Authority - The Advocates' Fall Convention, Bahamas (S.W. Morris/W.G. Dutton), November 1995
Conflict of Laws Issues Relating to Product Liability Claims and Insurance Coverage (researched for S.W. Morris), 1994-5
Susan is a member of:
The immediate Past President of Canadian Defence Lawyers (national board member since 2004)
The Advocates' Society
The Medical-Legal Society
The Ontario Bar Association Civil Litigation and Insurance Law Sections
The Toronto Lawyers Association
The Defence Research Institute
DeFrancesco v. Reichard, 1996, O.J. No. 3370, Ontario Court of Justice (General Division) - Judge: Dambrot J. - Heard: August 29, 1996. Judgment: September 30, 1996
Wood v. Cobourg District General Hospital, 1997, O.J. No. 2676
Ontario Court of Justice (General Division) - Judge: Feldman J. - Heard: April 15-19, 22-26, 29 and 30 and May 6-10, 13,15-17, 21, 1996
Written submissions: July 2, 1996. Judgment: July 2, 1997
Cutter Boats Canada Ltd. v. Commercial Union Assurance Co. of Canada, 1997, O.J. No. 19, Ontario Court of Justice (General Division) - Judge: O'Driscoll J. -
Heard: November 4, 1996. Judgment: January 8, 1997
Westervelt v. Frappier Estate, 1998, O.J. No. 4830, Ontario Court of Justice (General Division) - Judge: Leitch J. - Heard: February 2-6, 9-13 and 16, 1998 Judgment: November 10, 1998
Bapoo v. Co-operators General Insurance Co., 1998, O.J. No. 5682, Ontario Court of Justice (General Division) - Judge: Case Management Master Polika -
Heard: June 2, 1998. Judgment: December 11, 1998
Campbell v. Baldwin Agency Security and Investigations Inc., 1999, O.J. No. 4552
Ontario Superior Court of Justice - Judge: Mesbur J. - Heard: November 5, 1999 Judgment: December 2, 1999
Rock (Litigation guardian of) v. Malik, 2000, O.J. No. 5765, Ontario Superior Court of Justice - Judge: Donohue J. - Heard: September 1, 2000. Judgment: September 22, 2000
Davies v. American Home Assurance Co., 2001, O.J. No. 677, Ontario Superior Court of Justice - Judge: Kiteley J. - Heard: February 14, 2001. Judgment: February 27, 2001
Morton v. Cowan, 2001, O.J. No. 4635, Ontario Superior Court of Justice - Judge: Whitten J. - Heard: October 18-19, 2001
Judgment: November 16, 2001
Preobrazenski v. Allstate Insurance Co., 2001] O.J. No. 4530, Ontario Superior Court of Justice Motions Court - Judge: Spiegel J. - Heard: November 15, 2001
Oral judgment: November 15, 2001
Released: November 21, 2001
Excelease, a Division of City Buick Pontiac Cadillac Ltd. v. Preobrazenski, 2001, O.J. No. 4945, Ontario Superior Court of Justice - Judge: Spiegel J. - Heard: November 15, 2001
Judgment: December 12, 2001
Morton v. Cowan, 2002, O.J. No. 2303, Ontario Superior Court of Justice - Judge: Whitten J.- May 3, 2002
Preobrazenski v. Allstate Insurance Co., 2002, O.J. No. 4444, Ontario Court of Appeal - Judges: O'Connor A.C.J.O., Carthy and Moldaver JJ.A. - November 15, 2002
Barniske v. Mohamed, 2003, O.J. No. 810, Ontario Superior Court of Justice -
Judge: Caputo J. - Heard: February 24-25, 2003
Judgment: March 5, 2003
Morton v. Cowan, 2003, O.J. No. 3204, Ontario Court of Appeal - Judges: Simmons, Gillese and Armstrong JJ.A. - Heard: December 19, 2002
Judgment: August 13, 2003
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