BRIAN C. ATHERTON
Founding Partner & Senior Counsel

Direct Tel: 416.365.1030, ext. 103
E-mail: bcatherton@ablaw.ca

As senior counsel, Brian brings over 20 years of winning experience in insurance and personal injury disputes to the table.

As a former in-house counsel for two major insurers and with many years in court and in settlement negotiations aggressively defending business’ interests, Brian is a trusted legal advisor to a wide range of insurance companies and other organizations.

Some of his higher profile decisions are Equitable Life Insurance v. Wawanesa Mutual (establishing LTD policy first in priority under OMPP); VO v. Maplex (FSCO decision confirming income replacement benefits calculated on full four weeks pre-accident); Alves v. Commercial Union Insurance Company of Canada (placed restrictions on an insured’s right to claim medical and rehabilitation expenses); Hope v. CGU (establishing 10 year limit on payment of medical and rehabilitation expenses under OMPP); Dominion v. State Farm (establishing no “rolling limitation period” in loss transfer).

Brian is keenly interested in Alternative Dispute Resolution, and is available to conduct both Arbitrations and Mediations. He completed certification as an arbitrator in 1989 and has recently completed certificate courses in Mediation.

Brian understands the need to assess files and respond quickly, stay on top of deadlines and reporting, offer flexible fee arrangements and cut straight to the chase.  

Education

• Called to the Ontario Bar (1981)
• Bachelor of Laws: University of Western Ontario (1979)
• Bachelor of Arts (Honours Equivalent): University of Western Ontario (1976)

Prior Career Experience

Partner, Samis, Blouin Dunn (1989-2002, Toronto)
Successfully handled a wide range of insurance defence and personal injury matters, from defending first-party claims to commercial general liability matters, primarily with respect to coverage disputes. During this period, Brian took numerous precedent-setting and high-profile actions through to trial and appeal.

In-House Legal Counsel, Wellington Insurance Company (1986-1989, Toronto)
Oversaw administration of in-house legal department and helped to develop a Precedent of Legal Manuals for the firm's in-house counsel departments across Canada. He regularly provided opinions to management with respect to motor vehicle, personal injury and commercial general liability files through to completion, including trial and appeal.

Associate In-House Legal Counsel, Canadian Indemnity Company (1984-1986, Toronto)
Carriage of motor vehicle, personal injury, commercial and liability matters involving areas such as product liability, economic loss, false imprisonment and coverage disputes.

Associate, Law Office of Kruger & Givertz (1981- 1984, Toronto)
Managed caseload of family, criminal and civil actions, including trials in those courts.

Speeches, Workshops & Seminars

• Document Production on Discovery: The Needs of Defence Counsel
• Fraud: The Needs of Defence Counsel
• Independent Medical Examinations: The Needs of Defence Counsel
• Loss of Earning Capacity Assessments
• Loss Transfer Actions
• New Developments in Municipal Liability
• New Developments Regarding Head Injuries & The Law
• O.F.F. 45: Excess Economic Loss Endorsement
• OMPP Legislation
• Ontario's Bill 164
• Ontario's Bill 59
• Practice and Procedures In Mediation and Arbitration
• Principles of Subrogation
• Quantifying and Measuring Damages for Bad Faith
• Quantifying Capacity for Residual Earning Capacity Assessment

Professional Associations & Memberships

Current member of:

• Defence Research Institute
• The Advocate Society
• The Canadian Bar Association
• Law Society of Upper Canada
• Canadian Defence Lawyer's Association

Past Member and Executive, CBAO Insurance Law Section

Atherton Barristers |   55 University Avenue, Suite 1604, Toronto, Ontario M5J 2H7
Telephone: 416.365.1030  |  Facsimile: 416.946.1619  |  Toll Free: 866.237.1030