Duncan Embury

Areas of Practice
Personal Injury Law

Profile
Duncan is a Partner and Head of the Medical Malpractice group at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues.

Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He also handles complex, multiparty civil litigation including claims of institutional negligence, product liability, and municipal liability. Duncan has appeared before all levels of trial and appellate courts, including the Supreme Court of Canada. His most recent courtroom accomplishments include victories in Doobay v Fu (2020 ONSC 3329), Hasan v Trillium Health (2022 ONSC 3175), and Hemmings (litigation guardian of) v Peng (2022 OJ No 2674), all involving severely brain injured plaintiffs; and a recent appeal win in Farej v Fellows (2022 ONCA 254).

He is a regular speaker and presenter in all areas of medical negligence for the Ontario Trial Lawyers Association, the Ontario Bar Association, and the Law Society of Upper Canada. Duncan has been voted by his peers as a leading expert in his field since 2014 in the Canadian Lexpert Directory® and has been named as one of Canada’s Best Lawyers® since 2015. Additionally, Duncan has also been certified as a specialist in civil litigation by the Law Society of Upper Canada.

In addition to his busy practice in the Province of Ontario, Duncan is a member of the Alberta Law Society.