James M. Brown
Partner

A Focus on Insurance Defence and Accident Benefits
Profile:
Over the course of his career thus far, James has practiced in the area of civil litigation and has specifically focused on the area of insurance defence. James has experience in claims involving: motor vehicle liability; product liability; occupier’s liability; subrogation, fire loss, and property damage. He has represented clients in various professional liability matters, including claims against insurance brokers, home inspectors, and alternative healthcare providers.
Over the past decade, James has developed considerable experience in first party insurance claims for accident benefits and disability insurance. James regularly represents insurers on disputes regarding the entitlement and quantum of income replacement benefits; determinations of catastrophic impairment; and claims for bad faith. Since the recent amendments to the Statutory Accident Benefits Schedule, James has also argued one of the precedent-setting arbitration, appeal, and forthcoming judicial review decisions concerning the definition of “economic loss” in the case Simser v. Aviva Canada Inc.
James has appeared before the Superior Court of Justice and the Divisional Court on trial, appeal, and judicial review matters. He has appeared before private arbitrators on disputes over priority and loss transfer. He has also appeared before arbitrators and Director’s Delegates at the Financial Services Commission of Ontario, on arbitration and appellate matters concerning disputes over accident benefits.
For over 20 years, James has spent his spare time training in 5 forms of Martial Arts including Karate, Muay Thai, and Brazilian Jiu-Jitsu, and has earned his black belt in Karate. When he is not advocating on behalf of clients, James can often be found training with his teammates.