- Litigation Loans and Adverse Cost Insurance by Van Krkachovski, Catherine A. Korte and Michael Kennedy, March 26, 2021
- Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada by Michael Kennedy, February 16, 2021
- Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan by Michael Kennedy, December 16, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The New (and Improved?) Rule 76 Simplified Procedure by Michael Kennedy, First presented at a Client Seminar., August 15, 2019
- Limitations Law in Accident Benefits Cases by Michael Kennedy, July 16, 2019
- Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial by Michael Kennedy, Presented at a Client Seminar on Surveillance, October 27, 2018
- A summary of threshold decisions from 2016 and 2017: Which got through and which got bounced by Michael Kennedy, First presented at an MB Client Seminar, July 10, 2017
- Featured Case: Aranas v. Kolodziej The buck stops here: A rare summary judgment win for the defence by Michael Kennedy and Marla Kuperhause, December 02, 2016
- Reasonable and Necessary: Defining the elusive test from the Statutory Accident Benefits Schedule by Michael Kennedy, MB Transportation Newsletter, August 12, 2016
- Goodbye FSCO, Hello LAT! by Michael Kennedy, MB Transportation Newsletter, February 22, 2016
- Mary Carter Agreements by Michael Kennedy, First presented at an MB Client Seminar, June 16, 2014
- There is no automatic duty of care between a diocese and students harmed by priests by Michael Kennedy, March 22, 2013
- FSCO orders insurer to fund medicinal marijuana purchase by Michael Kennedy, Published in McCague Borlack's Accident Benefits Newsletter , October 01, 2012
- A "catastrophic impairment" requires only one (out of four) functions at the marked impairment (class 4) level by Michael Kennedy, Published in McCague Borlack's Accident Benefits Newsletter, September 30, 2012
- UPDATE: Downer v. Personal Insurance by Michael Kennedy, MB Transportation Newsletter, May 10, 2012
- Bad faith is not a claim governed by the insurance contract by Michael Kennedy, MB Transportation Newsletter, March 25, 2012
- Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) by Michael Kennedy, McCague Borlack Transportation Newsletter, October 22, 2011
- Repairing a vehicle is not an ordinary use to which vehicles are put by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Reckless driver solely at fault for single-vehicle accident despite poor road construction by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Court holds there is no duty to defend when policy limits are exhausted by Michael Kennedy, CLC Transportation Newsletter, February 28, 2011
- Court voids claims waiver on basis of power imbalance between adjuster and plaintiff by Michael Kennedy, Published first in CLC's Transportation Newsletter, February 28, 2011
- Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee by Michael Kennedy, MB Transportation Newsletter, February 28, 2010
Michael Kennedy
Partner

A Focus on Personal Injury Insurance Defence
Profile:
Michael is the head of the firm’s Transportation Law Newsletter. His opinions on recent case law have also been quoted in The Lawyer’s Weekly. His defence practice focuses on all areas of negligence law, including occupiers’ liability, transportation law, products liability and workplace safety issues.
Michael has successfully represented clients and their interests at all levels of court in Ontario as well as various administrative tribunals, including the Financial Services Commission of Ontario and the Workplace Safety and Insurance Appeals Tribunal. His reported decisions include the precedent-setting case of Rampersaud v. TD General (FSCO)which defined “residence” within the context of the Statutory Accident Benefits Schedule, and Thayalan v. Wawanesa Mutual Insurance (FSCO), in which Michael successfully argued that an objective post-accident meniscus tear in the right knee would not prevent a claimant from returning to physical labour or household tasks. Michael was also the second chair on Ursus Transport Inc. et al. v. Bernad (WSIAT), which successfully removed a claimant’s right to sue his employer.
Michael is experienced representing large, multinational corporations and their interests for both defence and subrogation matters. He is regularly retained to provide opinions with respect to risk management, liability defence and rights of subrogation. He has assisted clients with the investigation and risk management of potential claims, including representing clients in regulatory proceedings.
As Michael operates out of both Toronto and Waterloo Region, he is able to cost-effectively handle cases in all of Southern and Southwestern Ontario. His reasonable, personable and proactive approach yields proven results for his clients.
When not representing clients, Michael is an avid musician who plays the piano, saxophone and oboe. He is a member of the Guelph Concert Ensemble, for which he has served on its board of directors. He can also be found exploring the live theatre scene or relaxing at home with his partner, beloved dogs and cat.