darcy-romaine-intro
Darcy Romaine

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.

Education
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.

Awards Certifications  Recognitions

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.”

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    Trial and Appeal Report Card
    YEAR NAME TYPE COURT
    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.
    Appeal

    SCC
    220CarswellOnt9246

    Ont. CA
    2020 ONCA 83

    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.
    Appeal Div. Ct.
    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.
    Trial Sup. Ct.
    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.
    Trial Sup. Ct.
    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.
    Trial Sup. Ct.
    May 17, 2016
    Newmarket,
    CV-09-093546-00
    2015‡ Ziebenhaus v. Bahlieda
    Appeal challenging the court’s inherent jurisdiction to order a plaintiff to submit to a medical examination, absent statutory authority.
    Appeal

    ONCA
    2015 ONCA 471

    Div. Ct.
    2014 ONSC 138

    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.
    Trial Sup. Ct
    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.
    Application Sup. Ct.
    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.
    Trial Sup. Ct.
    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.
    Trial Sup. Ct.
    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.
    Trial Sup.Ct.
    21 Nov 2012, Newmarket,
    CV-08-088760-00
    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.
    Appeal Div. Ct.
    Leave 
2012
    ONSC 1034

    Appeal unreported
    2012‡ Barbeau v. Ruchetta (Jury)
    Orthopaedic injuries suffered by pedestrian.
    Liability conceded. Trial in damages. Jury verdict exceeded defendant’s offer.
    Trial Sup. Ct.
    23 May, 2012,
    Newmarket,
    CV-07-083931-00
    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.
    Appeal Ont. CA
    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.
    Trial Sup. Ct.
    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.
    Hearing CPP
    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.
    Trial Ont. Prov.Ct.
    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.
    Trial Sup. Ct.
    2008 CanLII 3404
    2008 CanLII 23709
    2006‡ MacDonald v. Talaba
    Shoulder injury due to off-set collision. Liability admitted. Damages only. Verdict exceeded offer.
    Trial Sup. Ct.
    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.
    Trial Sup. Ct.
    2007 OJNO1921
    2007 ONCA 371
    2005‡ Copeland v. Knox (Jury)
    Back injury sustained in collision. Liability admitted. Verdict exceeded offer.
    Trial Sup. Ct.
    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).

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