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Brian McCall

519-672-2108 ext. 221
bmccall@mdolaw.ca

Assistant

Joanne Smyth
519-672-2108 ext. 222
jsmyth@mdolaw.ca

Law Clerk

Deb Wilson
519-672-2108 ext. 231
dwilson@mdolaw.ca

Brian is a partner at McCall Dawson Osterberg Handler LLP.  Brian earned an Honours Bachelor’s Degree in History at the University of Western Ontario in 1972.  He graduated from the University of Western Ontario Law School in 1976.  Brian was called to the Bar of Ontario in 1978 and has practiced exclusively on behalf of insurers and municipalities since that time.

Brian conducts an extensive trial practice across southern Ontario.  He acts as regional counsel for several municipal insurers.  Brian represents police services, numerous automobile insurers, municipalities, school boards and fire departments.

Selected Decisions

Superior Court of Justice

  • Dufour v. County of Essex (2016) – Slip and fall on county highway resulting in ankle fusion and disability.  Action dismissed on summary judgment motion by Essex County.  Costs of $29,000 awarded to Essex County, payable by the plaintiff.

  • Winters v. Haldimand County (2015) – Teenage boy fell from tree in a county park, resulting in paraplegia.  Action dismissed at trial with costs awarded against the plaintiffs, including OHIP, and in favour of Haldimand County.  Dismissal upheld by Court of Appeal with costs.

  • Robinson v. Windsor Police (2013) – Alleged assault of plaintiff by Windsor Police officers during drug bust.  Plaintiff alleged total disability due to head and wrist injuries.  Action dismissed at trial with costs of $40,000 awarded to police.

  • McMillan v. Sarnia (City) (2011) – Alleged that the Sarnia Fire Department and the County of Lambton EMS failed to properly extricate the plaintiff from his vehicle in which he was pinned after being involved in a motor vehicle accident. Action dismissed on summary judgment motion filed by the City of Sarnia and Sarnia Fire Department. Costs of $20,000 awarded to the City of Sarnia and the Sarnia Fire Department, payable by the plaintiff.

  • Feltz v. Cowell Estate v. Township of Middlesex Centre (2005) – Motor vehicle accident on a Township roadway resulting in multiple injuries to the plaintiffs. Third party action against the Township dismissed at trial with costs payable to the third party.

  • Jones v. Denomme, City of London et al (1994) Motor vehicle accident arising out of a police chase. Successfully argued that there was no liability on behalf of the London Police. Action dismissed against the defendant Laverne Shipley, Chief of Police.

  • Mortimer v. Cameron, Hunt et al (1992) – Host liability. At a party hosted by the defendant Hunt, two individuals were engaging in horseplay and Mortimer was in an altercation and sustained injury resulting in quadriplegia.  Action as against the defendant Hunt dismissed at trial.

  • Stronge v. London Life Insurance Co. (1993) – Action for recovery under a policy of disability insurance. Medical and videotape evidence suggested that plaintiff was able to perform duties of his employment and no longer totally disabled. Plaintiff failed to mitigate his damages by seeking to return to his employment on a part time basis as his health improved. Amount payable to the plaintiff was reduced by 25%.

  • Emeny v. Butters (1982) – Action arising out of a motor vehicle accident where liability admitted by the defendant. Assessment of damages only. The plaintiff sustained a fractured ankle. Court found that the plaintiff failed to mitigate her damages and the award for damages was reduced accordingly.