Dutton Brock LLP

Susan   E. Gunter, LL.M.

Susan E. Gunter, LL.M.

phone: 416.593.4411 Ext:2361

fax: 416.593.5922

email: sgunter@duttonbrock.com


Position : Partner

Bio

Susan is a partner at Dutton Brock LLP in Toronto, Ontario where she's practiced law since being called to the Law Society of Upper Canada in 1996. She holds a Masters of Law in Civil Litigation from Osgoode Hall Law School. She defends corporations and insurers in liability claims, focusing on professional negligence, product liability, occupiers and motor vehicle cases. Susan serves on the Board of DRI - The Voice of the Defense Bar as Director of Canada Region, was the DRI State Representative for Canada (2011-2014), is a Past President of Canadian Defence Lawyers (2009-2010) and has served on its board since 2004. She served on the Board of The Advocates' Society from 2012-2014, co-chaired its Personal Injury Practice Group (2014-2016), served on its Civil Trials Taskforce and continues to serve as a skills instructor.

 

Susan is a member of the: Toronto Bench and Bar Committee; International Association of Defense Counsel; Federation of Defense and Corporate Counsel; and Association of Defense and Trial Counsel. She is on the board of the Canadian Defence Lawyers Foundation. Susan is active in lawyers' continuing education and has chaired programs and lectured for The Advocates' Society, Canadian Defence Lawyers, the Ontario Bar Association, the Law Society of Upper Canada, the Osgoode Hall Law School Professional Development Program, the International Association of Defense Lawyers, the Toronto Lawyers Association, the Canadian Institute and the Canadian Society of Medical Evaluators. Susan has also chaired programs for the Canadian and Ontario Risk and Insurance Managers Societies, the Ontario Insurance Adjusters Association, and has presented to the Risk and Insurance Managers Society (Canada) National Conference and the Canadian Insurance Claims Managers Association Ontario Branch. Susan has addressed the Ontario Superior Court's Masters’ Association on insurance law reform.

Education & Awards

Education

Susan holds a Masters of Law in Civil Litigation from Osgoode Hall Law School, York University (2008). Originally from Fredericton, she obtained her LL.B. in 1994 from University of New Brunswick. Before that she graduated with a Bachelor of Arts in History (with Distinction, Mention: Francais) in 1991 from Carleton University. She was called to the Ontario Bar in 1996.

 

Awards

Susan was awarded the Davidson Dunton Memorial Scholarship for Academic Achievement in 1990.

Lectures & Publications

Lectures

Chair, Van Breda Conflict of Laws Jurisdiction Audioconference, Canadian Defence Lawyers (April 27, 2012)

 

Co-Chair, Tricks of the Trade, The Advocates Society (January 27, 2012, January 25, 2013)

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presented, “Auto Insurance Primer” (November 2011)

 

Presenter, “Tort Defence Medicals” at The Business of IMEs, Canadian Society of Medical Evaluators (October 21, 2011)

 

Presenter, “Leading Liability Developments: National Round-Up of Leading Cases”, Risk and Insurance Managers Society (Canada) National Annual Conference (September 21, 2011, Ottawa)

 

Presenter, “Defence Medicals Examinations: Major Changes to Law and Practice”, Ontario Risk and Insurance Managers Society, Professional Development Day (March 9, 2011)

 

Presenter, “Defence Medicals”, Tricks of the Trade, The Advocates Society (January 23,
2011)

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presenter “Auto Insurance Primer” (November 10, 2010)

 

Co-Chair, Litigating Motor Vehicle Cases, Osgoode Professional Development Continuing Legal Education (March 23 & 24, 2010)

 

Chair, Joint Conference Breakfast Meeting, Canadian Insurance Claims Managers Association, Canadian Insurance Adjusters Association, Canadian Defence Lawyers (February, 2010)

 

Presenter, "Pierringer, Mary Carter and Partial Settlement Agreements", Tricks of the Trade, The Advocates Society (January 22, 2010)

 

Presenter, The Use of Demonstrative Evidence on Mediation, The Oatley-McLeish Guide to Demonstrative Evidence: Part II – The Law Society of Upper Canada (December 3, 2009)

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 12, 2009; presenter “Auto Insurance Primer”

 

Presenter, Scope of Discovery of Statutory Third Parties, Annual Fall Conference (October 30, 2009) – Ontario Trial Lawyers Association

 

Chair, "Leave No Stone Unturned: The Role of Facebook in Personal Injury Actions" Audioconference, May 12, 2009, Canadian Defence Lawyers

 

Co-Chair, Managing and Litigating Motor Vehicle Accident Claims, Osgoode Professional Development Continuing Legal Education, April 22 and 23, 2009

 

Chair, Women Litigators Breakfast Series, Canadian Defence Lawyers (2009-2010)

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers and presenter “Auto Insurance Primer” November 7, 2008

 

Presenter, Canadian National Mediation Advocacy Competition, October 2008

 

Chair, Canadian Defence Lawyers Annual General Meeting Continuing Legal Education, The Good, The Bad and the CLE, June 5, 2008

 

Chair, Defence of First Party Property Losses Audioconference – Canadian Defence Lawyers, December 11, 2007

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 6, 2007

 

Chair, Lessor’s Liability Audioconference – Canadian Defence Lawyers, March 30, 2007

 

Chair, Boot Camp: Basic Training for New Defence Lawyers – Canadian Defence Lawyers, November 23, 2006

 

Co-Chair with Philippa Samworth, Dutton Brock LLP, Doctors and Lawyers Tell All, Joint Programme of the Medico-Legal Society of Toronto and the Canadian Defence Lawyers, October 4 and 11, 2006

 

Chair, Young v. Bella – The General Damages Cap - Canadian Defence Lawyers, Audioconference, April 11, 2006

 

Presenter, “Bill 198 Amendments to Ontario’s Insurance Act No-Fault Motor Vehicle Insurance Regime – Tort Changes for Accidents Occurring On and After October 1, 2003”, The Ontario Masters’ Association 2006 Mid-Winter Meeting (February 2006)

 

Presenter, “Threshold Update: Bill 59 Cases and Bill 198 Guidelines”, Hot Topics in Motor
Vehicle Insurance Ontario Bar Association (November 2005)

 

Presenter, “Delighting the Insurer: Making It Works – Client Relationships” – Ontario Bar
Association, Insurance Law Section (October 2003)

 

Presenter, “Bill 198 Seminar – Tort Changes” – Ontario Insurance Adjusters Association (September – October 2003, Toronto, London, Ottawa)

 

Presenter, “Cleaning House: Housekeeping Expense Recovery Under the Non-Catatrophic Bill 59 Tort Case” – OTLA Spring Conference (May 2002)

 

Presenter, “Emerging Issues in Medical Malpractice Class Action Litigation”, Medical Malpractice Litigation, Canadian Institute (June 2001)

 

Presenter, “Demonstrative Evidence Update”, The New Six Minute Litigator, Law Society of Upper Canada (June 2000)

 

Publications

Damage Awards in Auto Insurance Cases - The Canadian Institute (T.J. Collier), September 2002

 

Preparing a Witness for Trial - Law Society of Upper Canada (T.J. Collier), Spring 2001
Causation Sensation: An Updated Guide to Athey - Practical Strategies for Advocates X (T.J. Collier), February 2001

 

Bill 59 Tort Rights Clarified - Law Society of Upper Canada (T.J. Collier), September 2000

 

Misrepresentation of Fraud in Disability Insurance Claims: The Plaintiff's Perspective - Canadian Institute: Litigating Disability Insurance Claims (T.J. Collier), November, 1999

 

Use and Abuse of Prior Statements - Ontario Trial Lawyers Association Fall Conference: Trial Practice Questions You Were Too Embarassed to Ask: Evidence - Trial Practice and Procedure (T.J. Collier), October 1999

 

Litigating Successfully Under Bill 59: Defence Strategies - Insight: Catastrophic Injury Under Bill 59 (B.J.E. Brock), November 1998

 

How to Present a Claim for Disability Insurance - Oral Health Magazine (T. J. Collier), April 1998

 

Return of the Living Dead: Supreme Court of Canada Resurrects Dead Motor Vehicle Claims in Peixeiro - DBM&C Tort Seminar (G. Kilpatrick), February 1998

 

Taming the Tort: The Trend to Reducing Municipalities' Exposure - DBM&C Tort Seminar (T.J. Collier), February 1998

 

Does the Athey Decision Turn Causation Law on its Head (or should we say "Thin-Skull")? - DBM&C Tort Seminar (P. Tushinski), February 1998

 

Getting What You Pay For: An Analysis of Coverages and Exclusions in the Homeowner's Insurance Policy - Homeowners Policy Seminar, Law Society of Upper Canada (G.B. Kilpatrick), Summer 1997

 

Litigation Cost Containment - Canadian Institute (W.G. Dutton), May 1997

 

Psychologists Disclosure Obligations Under Bill 59 - Barbara Ward Symposium, College of Psychologists of Ontario (P. Tushinski), February 1997

 

The Effect of Structured Settlement Provisions in Bill 59 and s.116, Courts of Justice Act - Practical Strategies for Advocates IV, The Advocates' Society (W.G. Dutton), October 1996

 

The Advocate as Defendant in Civil Actions: Breaching the Warranty of Authority - The Advocates' Fall Convention, Bahamas (S.W. Morris/W.G. Dutton), November 1995

 

Conflict of Laws Issues Relating to Product Liability Claims and Insurance Coverage (researched for S.W. Morris), 1994-5

Memberships & Associations

Susan is a member of:

 

Decisions

DeFrancesco v. Reichard, 1996, O.J. No. 3370, Ontario Court of Justice (General Division) - Judge: Dambrot J. - Heard: August 29, 1996. Judgment: September 30, 1996

 

Wood v. Cobourg District General Hospital, 1997, O.J. No. 2676 Ontario Court of Justice (General Division) - Judge: Feldman J. - Heard: April 15-19, 22-26, 29 and 30 and May 6-10, 13,15-17, 21, 1996 Written submissions: July 2, 1996. Judgment: July 2, 1997

 

Cutter Boats Canada Ltd. v. Commercial Union Assurance Co. of Canada, 1997, O.J. No. 19, Ontario Court of Justice (General Division) - Judge: O'Driscoll J. - Heard: November 4, 1996. Judgment: January 8, 1997

 

Westervelt v. Frappier Estate, 1998, O.J. No. 4830, Ontario Court of Justice (General Division) - Judge: Leitch J. - Heard: February 2-6, 9-13 and 16, 1998 Judgment: November 10, 1998

 

Bapoo v. Co-operators General Insurance Co., 1998, O.J. No. 5682, Ontario Court of Justice (General Division) - Judge: Case Management Master Polika - Heard: June 2, 1998. Judgment: December 11, 1998

 

Campbell v. Baldwin Agency Security and Investigations Inc., 1999, O.J. No. 4552 Ontario Superior Court of Justice - Judge: Mesbur J. - Heard: November 5, 1999 Judgment: December 2, 1999

 

Rock (Litigation guardian of) v. Malik, 2000, O.J. No. 5765, Ontario Superior Court of Justice - Judge: Donohue J. - Heard: September 1, 2000. Judgment: September 22, 2000

 

Davies v. American Home Assurance Co., 2001, O.J. No. 677, Ontario Superior Court of Justice - Judge: Kiteley J. - Heard: February 14, 2001. Judgment: February 27, 2001

 

Morton v. Cowan, 2001, O.J. No. 4635, Ontario Superior Court of Justice - Judge: Whitten J. - Heard: October 18-19, 2001 Judgment: November 16, 2001

 

Preobrazenski v. Allstate Insurance Co., 2001] O.J. No. 4530, Ontario Superior Court of Justice Motions Court - Judge: Spiegel J. - Heard: November 15, 2001 Oral judgment: November 15, 2001 Released: November 21, 2001

 

Excelease, a Division of City Buick Pontiac Cadillac Ltd. v. Preobrazenski, 2001, O.J. No. 4945, Ontario Superior Court of Justice - Judge: Spiegel J. - Heard: November 15, 2001 Judgment: December 12, 2001

 

Morton v. Cowan, 2002, O.J. No. 2303, Ontario Superior Court of Justice - Judge: Whitten J.- May 3, 2002

 

Preobrazenski v. Allstate Insurance Co., 2002, O.J. No. 4444, Ontario Court of Appeal - Judges: O'Connor A.C.J.O., Carthy and Moldaver JJ.A. - November 15, 2002

 

Barniske v. Mohamed, 2003, O.J. No. 810, Ontario Superior Court of Justice - Judge: Caputo J. - Heard: February 24-25, 2003 Judgment: March 5, 2003

 

Morton v. Cowan, 2003, O.J. No. 3204, Ontario Court of Appeal - Judges: Simmons, Gillese and Armstrong JJ.A. - Heard: December 19, 2002 Judgment: August 13, 2003

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