Darcy Romaine is a trial lawyer for the seriously injured. He has won trials where liability is complex and where the injuries involve catastrophic brain injury, complicated orthopaedic injury, and severe burn injury. Professionally, he is best known for his trials involving municipal negligence and his courtroom efforts to have regulations governing municipality maintenance obligations struck for providing unsafe and inadequate levels of care to the motoring public.
Darcy has also acted as outside counsel on behalf of the Ontario Public Guardian and Trustee, representing those whose injuries render them incapable of making legal decisions. Notably, such cases include a successful 22-day trial against the Ontario Provincial Police, Pelletier v. Her Majesty the Queen, in which a cyclist was struck and rendered catastrophically injured by an OPP cruiser. Another case of Darcy’s, Youssef v. Redi-Mix Limited et al., went to the Supreme Court of Canada to interpret the Residential Tenancies Act and a landlord’s negligent property management, which contributed to a tenant’s livestock escaping the property and catastrophically injuring a passing motorcyclist.
Darcy is a current director of the York Region Law Association. From 2010 – 2017, he was a director of the Ontario Trial Lawyers Association (OTLA). In 2015 he was selected as OTLA’s representative to review Ontario’s proposed Protocol for Traffic Injury Management, to question the research scientists who authored the protocol, and to make submissions to the provincial government.
Darcy is also a frequent speaker at conferences concerning personal injury trial practice, focusing on municipal liability and trial conduct. He has presented at the Advocates’ Society, the Canadian Institute, the Law Society of Ontario, and has chaired and spoken at conferences with the Ontario Trial Lawyer’s Association. He has published numerous trade papers and articles on civil litigation and co-authored the chapter on municipal liability in the Oatley McLeish Guide to Personal Injury Practice in Motor Vehicle Cases.
His peers recently selected Darcy for inclusion in the 2019 edition of the Best Lawyers in Canada. More important than such recognition, Darcy would argue, are his trial and appeal results.
Darcy received his LL.B. from Osgoode Hall in 2002 and a Bachelor of Arts in Philosophy and English Literature in 1999 from the University of Ottawa. He was called to the Ontario bar in 2003.
2017 – Present: Director of the York Region Law Association (YRLA).
2019: Selected by peers for inclusion in Best Lawyers in Canada.
2010 – 2017: Director of the Ontario Trial Lawyers Association (OTLA), serving on committees ranging from creating a standard of excellence for all personal injury lawyers to distributing bike helmets for kids.
2015 – 2018: Member of four lawyer firm selected by Canadian Lawyer Magazine as one of the top 10 personal injury boutiques in Canada.
2015: OTLA representative selected to review Ontario’s proposed Protocol for Traffic Injury Management, to question its research scientists and make submissions to the province.
2012: Recipient of the Martin Wunder, Q.C. Outstanding Young Lawyer Award, given to an OTLA member in recognition of exceptional commitment to and promotion of the advancement of OTLA’s Mission: “To fearlessly champion through the pursuit of the highest standards of advocacy the cause of those who have suffered injury or injustice.”
Trial and Appeal Report Card
|2020‡||Youssef v. Redi-Mix Limited
Successful defence of appeal of summary judgment boomerang order finding liability against corporate landowner for tenant’s escaped farm animal causing collision with motorcyclist.
|2019†||Gilbraith v. Intact Insurance
Successful defence of appeal seeking to overturn summary judgment motion finding un-insured coverage for a student blinded by an object thrown from a vehicle that fled the scene.
|2018†||Johnson v. Lewin et al.
Mixed solicitor negligence and municipal negligence trial involving ligament and vascular damage to a pedestrian’s knee. Defendant found 100% at fault. Verdict exceeded offer.
2018 ONSC 850
|2016‡||Elder v. Rizzardo Bros. Holdings et al.
Orthopaedic injuries sustained in a slip and fall on an icy cement island in a private parking lot. Owner found 50% at fault, Contractor 40% at fault, Plaintiff found 10% at fault. Verdict exceeded offer.
2016 ONSC 7235
2016 ONSC 7072
2016 ONSC 7241
2016 ONSC 7098
|2016‡||Derry v. C/F Realty Holdings Inc.
Orthopaedic injuries sustained in a slip and fall on an icy cement walkway along a building: 90% liability found against the occupier. Verdict exceeded offer.
May 17, 2016
|2015‡||Ziebenhaus v. Bahlieda
Appeal challenging the court’s inherent jurisdiction to order a plaintiff to submit to a medical examination, absent statutory authority.
|2014‡||Wigmore v. Myler
Soft tissue injuries turning to chronic pain injury. Liability contested. Driver of approaching vehicle found 100% at fault. Verdict did not exceed offer.
2014 ONSC 6744
|2014‡||Silveira v. Her Majesty the Queen
Challenge to Ontario to have O. Reg 239/02 dealing with winter maintenance declared invalid, for prescribing an unsafe standard.
2014 ONSC 65
2012 ONSC 3328
2011 ONSC 4272
2011 ONSC 6122
2011 ONSC 4991
2010 ONSC 969
|2013‡||Cockburn v. Holmes
Orthopaedic injuries sustained by motorcyclist. Liability contested. Van driver making abrupt move found 90% at fault. Verdict exceeded offer.
28 Apr 2014, Newmarket, CV-08-091101-00
|2013‡||Pelletier v. Her Majesty the Queen
2013 ONSC 6898 (CanLii)
Catastrophic brain injury sustained by cyclist, when struck by O.P.P. cruiser, at night, when cycling on wrong side of road, without light on bike. O.P.P. found 60% at fault, cyclist 40% at fault. Verdict exceeded offer.
2013 ONSC 6898
|2012†||Jones v. Jocko
Facial disfigurement and psychological injuries to child attacked by dog. Owner found 100% at fault. No offer communicated.
21 Nov 2012, Newmarket,
|2012‡||Fortini v. Simcoe
Municipal liability motion concerning a party’s ability to examine not just the road supervisor, but also the patroller on duty.
|2012‡||Barbeau v. Ruchetta (Jury)
Orthopaedic injuries suffered by pedestrian.
Liability conceded. Trial in damages. Jury verdict exceeded defendant’s offer.
23 May, 2012,
|2010†||Taylor v. Allard 2010 ONCA 596
Appeal from trial. Court finding defendant landlord owed duty to keep property safe. Liability of landlord and renter fixed at 25% each.
2009 OJNO 596
|2010†||Georgio v. Trex
Product Liability / Contract dispute. Manufacturer settled before court. Installer found to not have made misrepresentation.
|Trial||Sm. Clm. Ct.|
|2009†||Taylor v. Allard
3rd Degree burns to 14% of body of uninvited guest to bonfire. Liability and damages in dispute. Renter found 50% at fault, and plaintiff 50% at fault. Verdict exceeded offer.
2009 OJNO. 1062
|2009†||Lakin Danow v. Ministry of Resources and Development Canada
Benefit hearing for woman due to chronic fatigue. Benefit denied, dissenting opinion.
|2009†||Oldfield v. Hay
Contract dispute regarding purchase and sale agreement. 50% purchase price awarded. Verdict exceeded offer.
|Trial||Sm. Clm. Ct.|
|2007†||R. v. Wallace
Teenage pedestrian struck by vehicle. Pedestrian acquitted of running against amber light.
March 13, 2008, Newmarket,07/2089
|2007‡||Thornhill v Shadid
Orthopaedic injuries sustained in head-on collision on slippery roads. Oncoming driver found 50% at fault, road authority found 50% at fault. Verdict exceeded offer. First case to succeed against O.Reg 239/02.
2008 CanLII 3404
2008 CanLII 23709
|2006‡||MacDonald v. Talaba
Shoulder injury due to off-set collision. Liability admitted. Damages only. Verdict exceeded offer.
2007 CanLII 4022
2008 ONCA 889
|2006‡||Kerr v. Loblaws (Jury)
Orthopaedic injury due to fall in grocery store. No liability found on any party. Verdict exceeded offer.
2007 ONCA 371
|2005‡||Copeland v. Knox (Jury)
Back injury sustained in collision. Liability admitted. Verdict exceeded offer.
17 Oct 2005 56900/00
† Cases with sole carriage or as lead counsel
‡ Cases where co-counsel
Publications & Speaking Appearance
|2019||D. Romaine, “No Crash, No Cash – Legal Consequences of Legislative Changes to Public Transportation Liability” (April 2019) 25th Annual Provincial/Municipal Government Liability Conference.|
|2018||D. Romaine, “Demonstrative Evidence Live Demonstration”, Advocates Society Tricks of the Trade 2018 Conference.|
|2017||S. Sullivan, R. Morzaria & D. Romaine, Co-chairs “Battle Tactics for Trial Lawyers”, 2017 OTLA Fall Conference.|
|2016||D. Romaine, “The Artist’s Guide to Personal Injury Litigation” (2016 OTLA Fall Conference).|
|2016||T. Boland & D. Romaine, “Super Size Me – A New Approach to Presenting Future Care Costs at Trial” (2016 OTLA Spring Conference).|
|2015||T. Boland & D. Romaine, “The Pre-Trial” (2015 OTLA New Lawyers Division).|
|2014||T. Boland & D. Romaine, “The 2013 Minimum Maintenance Standards” (April 2014) The Litigator.|
|2014||D. Romaine, “Minimum Maintenance Standards” (February 2014) Canadian Institute’s 20th Annual Provincial Municipal Government Liability Conference.|
|2013||D. Romaine, “Facebook: Friend or Un-Friend?” (June 2013) The Litigator.|
|2013||T. Boland & D. Romaine, “Evidentiary Challenges with the Even More Minimum Maintenance Standards” (October 2013) The Litigator.|
|2013||D. Romaine & T. Boland “The Last Question You Ask: Jury Questions” (OTLA 2013 Fall Conference).|
|2013||D. Romaine, “The Future of Defence Medical Examinations Looks to History: Jurisdiction of the Court to Order Defence Medical Examinations” (2013 OTLA conference – New Lawyers Division).|
|2012||T. Boland & D. Romaine, “Snow Job: How the MTO Turned a Blind Eye to Science and the Safety of Ontario Motorists (2012 OTLA Fall conference).|
|2012||D. Romaine, “Fatality Claims” December 2012 The Litigator.|
|2012||D. Romaine & J. Singer, Conference Chairs OTLA “Interrogatory & Interrogation, the Art and Science of Discovery” 2012 New Lawyers Division conference.|
|2011||D. Romaine, “Researching the SABS” (2011 OTLA Law Clerk’s Conference).|
|2010||T. Boland & D. Romaine, “The MMS Perversion of the Municipal Act” (OTLA 2010 Fall Conference)..|
|2008||T. Boland & D. Romaine, “The Liability of Municipal Road Authorities for Non-Repair” in Oatley McLeish Guide to Motor Vehicle Litigation, (Toronto: Thomson Reuters Canada Ltd.) Chapter 5C.|
|2008||T. Boland & D. Romaine, “Minimum Maintenance Standards” (2008 OTLA Spring Conference).|
|2008||D. Romaine, “Late Defence Medical Requests” (2008 OTLA Fall Conference).|
|2008||D. Romaine, “Attacking the DME” (2008 OTLA Spring Conference)|
|2003||D. Romaine “Five Powerful Research Tools on the Internet” (2003 OTLA Fall Conference – New Lawyer Division).|