Injury Lawyers Since 1984

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.”
Trial Report Card

Year
Name
Type
Court
Year
2020‡
Name
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.
Type
Appeal
Court
  • SCC
    220CarswellOnt9246
  • Ont. CA
    2020 ONCA 83
Year
2019†
Name
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.
Type
Appeal
Court
  • Div. Ct.
Year
2018†
Name
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.
Type
Trial
Court
  • Sup. Ct.
    2018 ONSC 850
Year
2017
Name
Nairn v. Merlino
Tim was a union glazier who was T-boned at an intersection. He suffered soft-tissue injuries to his neck that prevented him from returning to his job, hanging large glass panels on skyscrapers.
Type
Trial
Court
  • ON SC
    (8 June 2017) Newmarket, CV-14-118923-00 (ON SC)
Year
2016‡
Name
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.
Type
Trial
Court
  • Sup. Ct.
    2016 ONSC 7235
    2016 ONSC 7072
    2016 ONSC 7241
    2016 ONSC 7098
  • Cases with sole carriage or as lead counsel
  • Cases where co-counsel
** This is a sampling Tim’s Trial Decision over the past 20 years.
Publications & Speaking Appearance

Year
Name
Year
2019
Name
D. Romaine, “No Crash, No Cash – Legal Consequences of Legislative Changes to Public Transportation Liability”
(April 2019) 25th Annual Provincial/Municipal Government Liability Conference.
Year
2018
Name
D. Romaine, “Demonstrative Evidence Live Demonstration”
Advocates Society Tricks of the Trade 2018 Conference.
Year
2017
Name
S. Sullivan, R. Morzaria & D. Romaine, Co-chairs “Battle Tactics for Trial Lawyers”
2017 OTLA Fall Conference.
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