Morgan Martin
Morgan Martin is an insurance defence, hospitality and sports lawyer. Morgan also manages our Toronto office.
Morgan has significant experience defending claims involving occupier’s liability, municipal liability, long-term care homes, professional negligence, hospitality liability (commercial and social host), property insurance, product liability and civil claims involving police liability. He regularly defends multi-million dollar claims involving catastrophic injuries including traumatic brain injuries and quadriplegia. Morgan regularly appears as lead counsel in the Ontario Superior Court of Justice and has also appeared in the Court of Appeal.
OCCUPIER’S LIABILITY
Morgan has a keen interest in defending bodily injury claims against occupiers. He regularly defends winter maintenance contractors, landscapers, property owners, condo corporations, business owners, restaurant chains in claims where an invitee alleges they have been injured on their premises under their care or control.
LIQUOR LIABILITY
Morgan’s hospitality experience includes acting as preferred counsel to one of Toronto’s largest entertainment lifestyle companies, defending claims arising from the service of alcohol, forcible ejection, interior/exterior maintenance, and occupiers’ liability. Morgan has defended hundreds of claims against the largest clubs and the smallest pubs on behalf of both domestic insurers and the London Market Insurers.
Morgan is a regular presenter on topics related to liquor liability and the hospitality industry generally. He works with clients on their risk management policies and their responsibilities pursuant to the Criminal Code, Occupiers’ Liability Act, Liquor Licence Act and the Private Security and Investigative Services Act.
SPORTS AND RECREATION LIABLITY
Morgan regularly defends claims involving sport and recreation liability. He has acted for both sports organizations and leagues in liability claims arising from all types of injuries including traumatic brain injuries. Morgan has defended claims involving horse racing, ice hockey, basketball, volleyball, rugby, trampoline, rock climbing, soccer, motocross, roller skating, paintball, downhill skiing, fitness centres, slo and fast pitch baseball, as well as claims arising from injury from the use of recreational trails, terrain parks, and jump parks.
In addition to his insurance defence practice, Morgan has a keen interest in sports law having clerked for the Court of Arbitration for Sport at the 2005 Commonwealth Games in Melbourne, Australia, and the 2008 Summer Olympic Games in Beijing, China.
Recently, Morgan has represented National and International level athletes before the International Rugby Board and the Sports Dispute Resolution Centre of Canada (SDRCC) in anti-doping, team selection and carding disputes. In November of 2013, Morgan sat on the first ever Fédération Internationale de Volleyball (FIVB) Appeals Panel hearing a transfer dispute in Lausanne, Switzerland. Since 2009, Morgan has been a pro bono legal adviser to Rugby Canada.
SECURITY INDUSTRY LIABILITY
Morgan acts as preferred counsel to one of Ontario’s largest and well-respected commercial security companies. He has defended all manner of claims including theft, excessive force, winter maintenance and occupiers’ liability.
MEDICAL MALPRACTICE
Morgan has experience representing medical professionals in regulatory, disciplinary and civil matters. He understands the unique nature of the complaint process as well as the need to ensure that all professionals are informed of their rights and obligations. Morgan has acted for naturopaths, physiotherapists, optometrists, chiropractors as well as medi-spa professionals.
COMPLEX PROPERTY LOSS
Morgan is often retained to advise on complex property losses. Insurers retain Morgan at the investigation stage to provide strategic advice in both gathering and preserving evidence regarding origin and cause as well as damages. Morgan has successfully defended catastrophic fire and water losses in residential, commercial, single and multi-unit buildings. In addition, Morgan has defended losses involving significant business interruption exposures.
MUNICIPAL LIABLITY
Morgan regularly defends municipalities across Ontario. Morgan’s practice includes defending all manner of claims arising from injuries allegedly caused by sidewalk discontinuities, disrepair of roadways and design failures and paramedics. Morgan also defends police services boards and individual officers in claims involving malicious prosecution, negligent investigation and wrongful arrest.
CLASS ACTION / MASS TORT
Morgan actively defends class proceedings and mass tort claims. With a keen knowledge of the recent changes to Ontario’s Class Proceedings Act, Morgan uses his experience to defend claims involving long-term care homes, product liability and property damage.
RECENT PUBLICATIONS
Morgan regularly prepares papers, articles, and commentary on recent trends in the law; particularly, as it relates to the insurance industry. Morgan has recently written on municipal liability, non-physician medical malpractice, veterinary malpractice, the deemed undertaking rule, implications of social media in personal injury claims…and many more topics.
REPORTED DECISIONS
Longo v. Tricom Security Services Inc., 2020 ONSC 6305
Carroll et al v. Natsis, 2020 ONSC 3263
Roncali v. Cabana Pool Bar, 2020 HRTO 275
Damallie v. Paragon Protection Ltd., 2017 ONSC 107
Long v. Dundee Resort et al., 2013 ONSC 4238
SPEAKING ENGAGEMENTS
Morgan is regularly engaged by insurers, brokers, third party administrators and adjusters to speak both formally and informally on a variety of topics. Recent topics have included Liquor & Hospitality Liability, Efficacy of Waivers, proposed amendments to the Occupiers’ Liability Act (Bill 118), COVID-19’s Bill 218, Conflicts on Interest and Ethical Considerations for working with Insureds and Insurers, Quantification of Damages in Fatality Claims, Defending Winter Maintenance Contractors, and Defending Fatality Claims.
