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Susan E. Gunter LL.M.

Partner

Susan Gunter has been a partner at Dutton Brock LLP since 2002. She holds an LL.M in Civil Litigation from Osgoode Hall Law School. Her litigation practice in defence of domestic and international corporations and insurers focuses on professional and general liability casualty claims. Susan is recognized in Best Lawyers in Canada for products liability and insurance law and personal injury litigation and in the Canadian Legal Lexpert Directory as consistently recommended for personal injury - represents defendants. She has appeared before federal and provincial tribunals and at all levels of court in Ontario as well as the Federal Court of Canada. She has tried motor vehicle, regulatory negligence, insurance coverage, civil sexual assault, occupier's liability, marine law, disability insurance and medical malpractice cases.

Susan is Chair of the Canadian Defence Lawyers (CDL) Public Policy Secretariat, Past President of CDL, Director of the CDL Foundation, Past Director of the Advocates’ Society (TAS), Past Co-Chair of its Personal Injury Practice Group, member of its Civil Trials Task Force and is a certified TAS skills instructor in adult education. She has been selected by lawyer peers for membership the Litigation Counsel of America, International Association of Defense Counsel, Federation of Defense and Corporate Counsel and Association of Defense and Trial Attorneys. Susan serves on the Economics of Law Task Force of the DRI – Lawyers Representing Business’ Center for Law and Public Policy and is Past Chair of its Globalization Working Group. As a Director of DRI (2014-2017), Susan was the Board Liaison for the International Committee and Chair of DRI for Life lawyer wellness committee. She served as the DRI General Council Representative (State Representative) for Canada (2011-2014). Susan is a member of the Association of Professional Responsibility Lawyers, the Canadian Association for Legal Ethics, and the Toronto Civil Bench and Bar Committee. Susan has addressed the Risk and Insurance Managers Society (Canada) National Conference, the Ontario Insurance Adjusters Association, the Canadian Society of Medical Evaluators, as well as the Ontario Master’s Association.

She has authored legal journal articles for the Annual Review of Civil Litigation, the Advocates’ Quarterly and articles for DRI’s For the Defense magazine and The Voice newsletter. She has lectured in Canada, the United States and in Europe to lawyers and trade associations on tort, insurance and procedural law, privacy legislation, women in the legal profession, diversity & inclusion, lawyer regulation, law profession reform and lawyers’ wellness topics. She is the recipient of the 2022 DRI Fred H. Sievert Award for Outstanding Defense Bar Leadership, the 2021 Ontario Bar Association's Joel Kuchar Award for Professionalism and Civility and the 2021 Canadian Defence Lawyers Philippa G. Samworth Award for Advancement of Women in the Legal Profession.

 

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. Susan has completed The Advocates’ Society Certified Skills Instructor training.

Awards

Susan is honoured to have received the 2021 Ontario Bar Association Joel Kuchar Award for Professionalism and Civility, the 2021 Canadian Defence Lawyers Philippa G. Samworth Award for the Advancement of Women in the Legal Profession, the 2022 DRI – Lawyers Representing Business Fred H. Sievert Award as an Outstanding Defense Bar Leader as well as the DRI State Leadership Award in 2013. She is recognized since 2020 in the Best Lawyers in Canada for product liability and insurance law and personal injury litigation, as well as in the Canadian Lexpert Directory as Consistently Recommended for personal injury, represents defendants.

Lectures

Chair, Van Breda Conflict of Laws Jurisdiction Audioconference, Canadian Defence Lawyers (April 27, 2012)

Co-Chair, Tricks of the Trade, The Advocates Society (January 27, 2012, January 25, 2013)

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presented, “Auto Insurance Primer” (November 2011)

Presenter, “Tort Defence Medicals” at The Business of IMEs, Canadian Society of Medical Evaluators (October 21, 2011)

Presenter, “Leading Liability Developments: National Round-Up of Leading Cases”, Risk and Insurance Managers Society (Canada) National Annual Conference (September 21, 2011, Ottawa)

Presenter, “Defence Medicals Examinations: Major Changes to Law and Practice”, Ontario Risk and Insurance Managers Society, Professional Development Day (March 9, 2011)

Presenter, “Defence Medicals”, Tricks of the Trade, The Advocates Society (January 23,
2011)

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presenter “Auto Insurance Primer” (November 10, 2010)

Co-Chair, Litigating Motor Vehicle Cases, Osgoode Professional Development Continuing Legal Education (March 23 & 24, 2010)

Chair, Joint Conference Breakfast Meeting, Canadian Insurance Claims Managers Association, Canadian Insurance Adjusters Association, Canadian Defence Lawyers (February, 2010)

Presenter, “Pierringer, Mary Carter and Partial Settlement Agreements”, Tricks of the Trade, The Advocates Society (January 22, 2010)

Presenter, The Use of Demonstrative Evidence on Mediation, The Oatley-McLeish Guide to Demonstrative Evidence: Part II – The Law Society of Upper Canada (December 3, 2009)

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 12, 2009; presenter “Auto Insurance Primer”

Presenter, Scope of Discovery of Statutory Third Parties, Annual Fall Conference (October 30, 2009) – Ontario Trial Lawyers Association

Chair, “Leave No Stone Unturned: The Role of Facebook in Personal Injury Actions” Audioconference, May 12, 2009, Canadian Defence Lawyers

Co-Chair, Managing and Litigating Motor Vehicle Accident Claims, Osgoode Professional Development Continuing Legal Education, April 22 and 23, 2009

Chair, Women Litigators Breakfast Series, Canadian Defence Lawyers (2009-2010)

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presenter “Auto Insurance Primer” November 7, 2008

Presenter, Canadian National Mediation Advocacy Competition, October 2008

Chair, Canadian Defence Lawyers Annual General Meeting Continuing Legal Education, The Good, The Bad and the CLE, June 5, 2008

Chair, Defence of First Party Property Losses Audioconference – Canadian Defence Lawyers, December 11, 2007

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 6, 2007

Chair, Lessor’s Liability Audioconference – Canadian Defence Lawyers, March 30, 2007

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 23, 2006

Co-Chair with Philippa Samworth, Dutton Brock LLP, Doctors and Lawyers Tell All, Joint Programme of the Medico-Legal Society of Toronto and the Canadian Defence Lawyers, October 4 and 11, 2006

Chair, Young v. Bella – The General Damages Cap – Canadian Defence Lawyers, Audioconference, April 11, 2006

Presenter, “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)

Presenter, “Threshold Update: Bill 59 Cases and Bill 198 Guidelines”, Hot Topics in Motor
Vehicle Insurance Ontario Bar Association (November 2005)

Presenter, “Delighting the Insurer: Making It Works – Client Relationships” – Ontario Bar
Association, Insurance Law Section (October 2003)

Presenter, “Bill 198 Seminar – Tort Changes” – Ontario Insurance Adjusters Association (September – October 2003, Toronto, London, Ottawa)

Presenter, “Cleaning House: Housekeeping Expense Recovery Under the Non-Catatrophic Bill 59 Tort Case” – OTLA Spring Conference (May 2002)

Presenter, “Emerging Issues in Medical Malpractice Class Action Litigation”, Medical Malpractice Litigation, Canadian Institute (June 2001)

Presenter, “Demonstrative Evidence Update”, The New Six Minute Litigator, Law Society of Upper Canada (June 2000)

 

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:

  • Chair, Canadian Defence Lawyers Public Policy Secretariat (2023-)
  • Member, DRI Lawyers for Business Center for Law and Public Policy Economics of Law Task Force
  • Past Chair, Globalization Working Group, DRI Lawyers for Business Center for Law and Public Policy (2016-2023)
  • President, Canadian Defence Lawyers (2009-2010, Board of Directors 2004-2014, member since 1996)
  • Board of Directors, The Advocates Society (2012-2014, Co-Chair Personal Injury Practice Group 2014-2016, member since 1996)
  • Board of Directors, DRI Lawyers for Business (2014-2017, General Council/State Representative for Canada 2011-2014, member since 1996)
  • Fellow, Litigation Counsel of America (since 2023)
  • International Association of Defense Counsel (member since 2016)
  • Federation of Defense and Corporate Counsel (member since 2016)
  • Association of Defense Trial Attorneys (member since 2016)
  • Ontario Bar Association (Civil Litigation, Insurance Sections, member since 1996)
  • Toronto Law Association (member since 1996)
  • Medico-Legal Society of Toronto (member since 1997)
  • Best Lawyers in Canada – product liability and insurance law and personal injury litigation (since 2020)
  • Canadian Lexpert Directory – Consistently Recommended for personal injury, represents defendants

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

Assistants

Frances Powell

Law Clerks

Danika Cruickshank