Blaney McMurtry LLP Barristers & Solicitors

Stephen was born in 1957, did his undergraduate work at the University of Toronto and received his LLB from Osgoode Hall Law School in 1980. He was called to the Ontario Bar in 1982. He has been a partner with Blaney, McMurtry LLP since 1988. He has a BV rating from Martindale Hubbell.

Stephen’s practice is largely restricted to the insurance field. His main areas of interest are bodily injury claims and coverage issues. He has handled motor vehicle accident, governmental liability, product liability professional errors and omissions and directors and officers liability claims.

Stephen has provided coverage opinions on automobile, property, professional errors and omissions, directors and officers errors and omissions and CGL policies. He has also assisted in drafting policies and endorsements.

He provides advice and assistance to automobile insurers and brokers with respect to automobile insurance regulatory issues including rate filing matters. He also assists brokers and agents in their dealings with the Financial Services Commission of Ontario and the Registered Insurance Brokers of Ontario. In dealing with these issues, Stephen works closely with the members of the firm’s corporate and regulatory insurance group.

He has authored a number of papers dealing with a variety of insurance and personal injury issues. Over the last twelve years he has lectured and written extensively on Bills 59 and 198 (Ontario’s automobile tort reform legislation) including authoring chapter 5A in the Oatley-McLeish Guide to Motor Vehicle Litigation. Over the past two years he has been one of the province’s leading commentators on Bill 18 which re-wrote the vicarious liability rules for the owners of leased and rented vehicles.

He is a member of the Canadian Bar Association (Ontario), the Advocates Society, Canadian Defence Lawyers and the Metropolitan Toronto Lawyers Association and he has been designated as a certified specialist (civil litigation) by the Law Society of Upper Canada.
To relax Stephen golfs, curls and scuba dives.

Court and Tribunal Appearances

Stephen has appeared as trial counsel before the Ontario Court of Justice and the Ontario Superior Court of Justice. He has argued appeals before both the Ontario Divisional Court and the Ontario Court of Appeal. He has also appeared before the Federal Court of Canada.
Stephen has appeared or made written submissions to a number of tribunals including the Complaints and Discipline Committees of the Registered Insurance Brokers of Ontario, the Financial Services Commission of Ontario and the Ontario Insurance Rate Board.
He has also represented clients on private arbitrations mandated by the Insurance Act.

Publications

Stephen has authored a number of published papers. In that last twelve years he has written extensively on Bills 59 and 198. He has also chaired four conferences for Insight Conferences. His publications include:

• “Auto Insurance Primer: Bills 59 and 198”, Chapter 5A of The Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases, Canada Law Book. First published in the Fall of 2002 and the latest update was released in May of 2008
• “Special Problems Posed by Leased and Rented Vehicles”, Managing and Litigating Motor Vehicle Accident Claims, Osgoode Hall Law School Professional Development CLE, February 6, 2008
• “Bill 18: Limited Liability for Automobile Leasing and Car Rental Companies”, 3rd Annual Hot Topics in Motor Vehicle Litigation, Ontario Bar Association CLE, November 12, 2007
• “The Supreme Court of Canada and the Law of Causation” (co-authored with Bianca Matrundola), 3rd Annual Update Personal Injury Law and Practice, 2007, Osgoode Hall Law School Professional Development CLE, October 17, 2007
• “Auto Insurance Primer”, Boot Camp-Basic Training for New Defence Lawyers, Canadian Defence Lawyers, November 2006 and reissued with changes in 2007
• “The Protected Defendant: New Developments including Vollick and leased vehicles”, The Oatley-McLeish Guide to Motor Vehicle Litigation, The Law Society of Upper Canada Continuing Legal Education, May 2006
• “Recent Judicial Decisions Affecting Personal Injury Claims”, 2nd Annual Update Personal Injury Law and Practice, 2007 Osgoode Hall Law School Professional Development CLE, April 2006
• "The Unprotected Court of Appeal Trilogy, Vollick, Walker and Hernandez”, Advocates Society Tricks of the Trade, January 2006
• “Vicarious Liability Under Bills 59 and 198; Has the final chapter been written?”, The Canadian Institute, June 2005.
• “Trial Preparation”; The Canadian Bar Association Ontario, Young Lawyers Division, presented in February of 2004, 2005, 2006, 2007 and 2008.
• “Successfully Negotiating a Mary Carter Agreement: What to look out for”, Stephen R. Moore and Miriam Tepperman; Canadian Journal of Insurance Law, Volume 22, page 43, May 2004.
• “Unprotected Defendants-Are They a Good Target?”, Chapter 5A in The Oatley-McLiesh Guide to Personal Injury Practice in Motor Vehicle Cases, Roger G. Oatley and John A McLeish, Canada Law Book, November 2003, revised and updated since that date.
• “Settling Auto Insurance Claims: Practical and Tactical Considerations”, Auto Insurance Claims Litigation-Under Bill 198’s Sweeping Reforms, The Canadian Institute, December 2003.
• “How Has Bill 198 Changed the Treatment of Collateral Benefits?”, Auto Insurance Claims Litigation-Under Ontario’s New bill 198, The Canadian Institute, May 2003
• “Unprotected Defendants-Are They a Good Target?”, The Oatley McLeish Guide to Personal Injury Claims Under Bill 59: More Successful Strategies, Law Society of Upper Canada Continuing Legal Education, November 2002,
• “Heredi v. Fensom When Does the HTA Limitation Period Apply?”, Ontario Trial Lawyers’ Association (OTLA) Fall 2002
• “Non-Protected Defendants, Who, What, Where, When”, presented to OTLA on June 1, 2001.
• “Subrogation-What Every Lawyer Needs to Know”, presented at the Advanced Course on Insurance Litigation, The Canadian Institute, May 24th and 25th, 2001.
• “Protected v. Unprotected Defendants under Bill 59”, Parties and Booze Don’t Mix, Alcohol Liability in the New Millennium, CBAO Continuing Legal Education, , November 9, 2000
• “Side-Stepping The Threshold: Maximizing Damages Under Bill 59”, Advocates’ Society Lectures on “Practical Strategies IX” February 4, 2000
• “Unprotected Defendants: An Update on Practical Strategies in Suing or Defending Claims Against Unprotected Clients”, Advocates’ Society Lectures on Practical Strategies VIII, February 19-20 1999
• “The Anti-Fraud Notice Provision of AIRS; Exploiting the Opportunities and Avoiding the Pitfalls”, Without Prejudice, Volume 63 No. 6 at page 52, February 1999
• “Cancellation of Broker Contracts Where the Book of Business Includes Ontario Automobile Insurance Policies: The Potential Pitfalls”, Without Prejudice, Volume 63 No. 4, page 21, December 1998
• “Catastrophic Impairments-The Tort Lawyer’s Perspective”, Severity of Injury: Clinical, Legislative & Legal Perspectives, Professional Training Seminars, 1998
• “Damage Control - Damage Assessment and Development in a Personal Injury Action”, Law Society of Upper Canada, Continuing Legal Education, 1997
• “Are You Dealing with Protected or Unprotected Defendants?-Operating Under the New Automobile Insurance Plan”, Insight Seminars,1996.
• “The Resurgence of ‘Responsibility’ in Motor Vehicle Accident Compensation - Operating Under the New Automobile Insurance Plan”, Insight Seminars,1996;
• “The Coverage Opinion Letter - Resolving Insurance Coverage Disputes in Life, Disability and Casualty Sectors”, Insight Seminars,1996;
• “The Defence Perspective - Evaluating and Managing Closed Head Injury Claims”, Insight Seminars,1994; republished in Volume 13 of the Canadian Journal of Insurance Law at page 85 in 1995;
• “Defending the Head Injury Case - Head Injury in the 1990s: Litigation and the No Fault Threshold”, Insight Seminars,1990;
• “Punitive Damages and Part V of the Family Law Reform Act-Boates v. Coca-Cola Ltd (1985)”, 5 Advocates Quarterly 497;
• “Contribution After Judgment Under the Negligence Act: Cristovao v. Doran’s Beverages Inc. (1983)”, 4 Advocates’ Quarterly 372;

Stephen has also written a number of articles for the firm’s insurance newsletter the Insurance Observer.

Stephen was born in 1957, did his undergraduate work at the University of Toronto and received his LLB from Osgoode Hall Law School in 1980. He was called to the Ontario Bar in 1982. He has been a partner with Blaney, McMurtry LLP since 1988. He has a BV rating from Martindale Hubbell.

Stephen’s practice is largely restricted to the insurance field. His main areas of interest are bodily injury claims and coverage issues. He has handled motor vehicle accident, governmental liability, product liability professional errors and omissions and directors and officers liability claims.

Stephen has provided coverage opinions on automobile, property, professional errors and omissions, directors and officers errors and omissions and CGL policies. He has also assisted in drafting policies and endorsements.

He provides advice and assistance to automobile insurers and brokers with respect to automobile insurance regulatory issues including rate filing matters. He also assists brokers and agents in their dealings with the Financial Services Commission of Ontario and the Registered Insurance Brokers of Ontario. In dealing with these issues, Stephen works closely with the members of the firm’s corporate and regulatory insurance group.

He has authored a number of papers dealing with a variety of insurance and personal injury issues. Over the last twelve years he has lectured and written extensively on Bills 59 and 198 (Ontario’s automobile tort reform legislation) including authoring chapter 5A in the Oatley-McLeish Guide to Motor Vehicle Litigation. Over the past two years he has been one of the province’s leading commentators on Bill 18 which re-wrote the vicarious liability rules for the owners of leased and rented vehicles.

He is a member of the Canadian Bar Association (Ontario), the Advocates Society, Canadian Defence Lawyers and the Metropolitan Toronto Lawyers Association and he has been designated as a certified specialist (civil litigation) by the Law Society of Upper Canada.
To relax Stephen golfs, curls and scuba dives.

Court and Tribunal Appearances

Stephen has appeared as trial counsel before the Ontario Court of Justice and the Ontario Superior Court of Justice. He has argued appeals before both the Ontario Divisional Court and the Ontario Court of Appeal. He has also appeared before the Federal Court of Canada.
Stephen has appeared or made written submissions to a number of tribunals including the Complaints and Discipline Committees of the Registered Insurance Brokers of Ontario, the Financial Services Commission of Ontario and the Ontario Insurance Rate Board.
He has also represented clients on private arbitrations mandated by the Insurance Act.

Publications

Stephen has authored a number of published papers. In that last twelve years he has written extensively on Bills 59 and 198. He has also chaired four conferences for Insight Conferences. His publications include:

• “Auto Insurance Primer: Bills 59 and 198”, Chapter 5A of The Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases, Canada Law Book. First published in the Fall of 2002 and the latest update was released in May of 2008
• “Special Problems Posed by Leased and Rented Vehicles”, Managing and Litigating Motor Vehicle Accident Claims, Osgoode Hall Law School Professional Development CLE, February 6, 2008
• “Bill 18: Limited Liability for Automobile Leasing and Car Rental Companies”, 3rd Annual Hot Topics in Motor Vehicle Litigation, Ontario Bar Association CLE, November 12, 2007
• “The Supreme Court of Canada and the Law of Causation” (co-authored with Bianca Matrundola), 3rd Annual Update Personal Injury Law and Practice, 2007, Osgoode Hall Law School Professional Development CLE, October 17, 2007
• “Auto Insurance Primer”, Boot Camp-Basic Training for New Defence Lawyers, Canadian Defence Lawyers, November 2006 and reissued with changes in 2007
• “The Protected Defendant: New Developments including Vollick and leased vehicles”, The Oatley-McLeish Guide to Motor Vehicle Litigation, The Law Society of Upper Canada Continuing Legal Education, May 2006
• “Recent Judicial Decisions Affecting Personal Injury Claims”, 2nd Annual Update Personal Injury Law and Practice, 2007 Osgoode Hall Law School Professional Development CLE, April 2006
• "The Unprotected Court of Appeal Trilogy, Vollick, Walker and Hernandez”, Advocates Society Tricks of the Trade, January 2006
• “Vicarious Liability Under Bills 59 and 198; Has the final chapter been written?”, The Canadian Institute, June 2005.
• “Trial Preparation”; The Canadian Bar Association Ontario, Young Lawyers Division, presented in February of 2004, 2005, 2006, 2007 and 2008.
• “Successfully Negotiating a Mary Carter Agreement: What to look out for”, Stephen R. Moore and Miriam Tepperman; Canadian Journal of Insurance Law, Volume 22, page 43, May 2004.
• “Unprotected Defendants-Are They a Good Target?”, Chapter 5A in The Oatley-McLiesh Guide to Personal Injury Practice in Motor Vehicle Cases, Roger G. Oatley and John A McLeish, Canada Law Book, November 2003, revised and updated since that date.
• “Settling Auto Insurance Claims: Practical and Tactical Considerations”, Auto Insurance Claims Litigation-Under Bill 198’s Sweeping Reforms, The Canadian Institute, December 2003.
• “How Has Bill 198 Changed the Treatment of Collateral Benefits?”, Auto Insurance Claims Litigation-Under Ontario’s New bill 198, The Canadian Institute, May 2003
• “Unprotected Defendants-Are They a Good Target?”, The Oatley McLeish Guide to Personal Injury Claims Under Bill 59: More Successful Strategies, Law Society of Upper Canada Continuing Legal Education, November 2002,
• “Heredi v. Fensom When Does the HTA Limitation Period Apply?”, Ontario Trial Lawyers’ Association (OTLA) Fall 2002
• “Non-Protected Defendants, Who, What, Where, When”, presented to OTLA on June 1, 2001.
• “Subrogation-What Every Lawyer Needs to Know”, presented at the Advanced Course on Insurance Litigation, The Canadian Institute, May 24th and 25th, 2001.
• “Protected v. Unprotected Defendants under Bill 59”, Parties and Booze Don’t Mix, Alcohol Liability in the New Millennium, CBAO Continuing Legal Education, , November 9, 2000
• “Side-Stepping The Threshold: Maximizing Damages Under Bill 59”, Advocates’ Society Lectures on “Practical Strategies IX” February 4, 2000
• “Unprotected Defendants: An Update on Practical Strategies in Suing or Defending Claims Against Unprotected Clients”, Advocates’ Society Lectures on Practical Strategies VIII, February 19-20 1999
• “The Anti-Fraud Notice Provision of AIRS; Exploiting the Opportunities and Avoiding the Pitfalls”, Without Prejudice, Volume 63 No. 6 at page 52, February 1999
• “Cancellation of Broker Contracts Where the Book of Business Includes Ontario Automobile Insurance Policies: The Potential Pitfalls”, Without Prejudice, Volume 63 No. 4, page 21, December 1998
• “Catastrophic Impairments-The Tort Lawyer’s Perspective”, Severity of Injury: Clinical, Legislative & Legal Perspectives, Professional Training Seminars, 1998
• “Damage Control - Damage Assessment and Development in a Personal Injury Action”, Law Society of Upper Canada, Continuing Legal Education, 1997
• “Are You Dealing with Protected or Unprotected Defendants?-Operating Under the New Automobile Insurance Plan”, Insight Seminars,1996.
• “The Resurgence of ‘Responsibility’ in Motor Vehicle Accident Compensation - Operating Under the New Automobile Insurance Plan”, Insight Seminars,1996;
• “The Coverage Opinion Letter - Resolving Insurance Coverage Disputes in Life, Disability and Casualty Sectors”, Insight Seminars,1996;
• “The Defence Perspective - Evaluating and Managing Closed Head Injury Claims”, Insight Seminars,1994; republished in Volume 13 of the Canadian Journal of Insurance Law at page 85 in 1995;
• “Defending the Head Injury Case - Head Injury in the 1990s: Litigation and the No Fault Threshold”, Insight Seminars,1990;
• “Punitive Damages and Part V of the Family Law Reform Act-Boates v. Coca-Cola Ltd (1985)”, 5 Advocates Quarterly 497;
• “Contribution After Judgment Under the Negligence Act: Cristovao v. Doran’s Beverages Inc. (1983)”, 4 Advocates’ Quarterly 372;

Stephen has also written a number of articles for the firm’s insurance newsletter the Insurance Observer.