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Brian joined the firm in 2022. He was called to the Ontario Bar in 2005 and has devoted his career to complex litigation. He has acted as Trial and Appellate counsel with experience at Superior Court of Justice, Divisional Court, Court of Appeal, and the Supreme Court of Canada, as well as being appointed Pro Hac Vice counsel in the United States.
Brian spent the first decade of his career as a health law defence lawyer in both civil and professional regulatory proceedings. In 2015, Brian started working as plaintiff’s counsel in medical negligence actions. Brian has practised as plaintiff class actions counsel since 2005. He acted as trial counsel in medical device class actions, including St. Jude Medical v Andersen and Taylor v Canada.
Brian has spent his career steeped in complex and challenging litigation. His experience includes:
- Civil litigation, appeals, and judicial reviews
- Class Actions
- Professional Discipline proceedings & appeals
- Charter of Rights & Freedoms applications
- All administrative proceedings relating to professionals
- Hospital Board hearings, investigations, and related institutional proceedings
- Coroner's Inquests
- Contempt of Court litigation (prosecution & defence)
Brian is dedicated to his community and, in particular, patient-safety initiatives. He has co-authored publications and book chapters on Clinical Engineering and Patient Safety. His most recent academic work is focused on medical devices and how to promote optimal patient outcomes in existing and emerging regulatory frameworks worldwide. Brian is also Vice President to the Canadian Psoriasis Network and Legal Director to the Children’s Health and Human Rights Partnership.
2001 – 2004: Faculty of Law – University of Western Ontario LL.B. Graduate with Distinction
- Graduate with Distinction (Class of 2004)
- Law Society of Upper Canada Award (Awarded to the Top 15 Students over 3 Years)
- Dean’s List Student (Top 10% of Students, 2nd and 3rd Year)
- Honourable Mayer Lerner Q.C. Award relating to Civil Litigation (received in 3rd Year)
- Mr. Justice C.D. Stewart Trophy (Appellate Advocacy Award, 2nd Year)
- Meyer and Sarah Solomon Scholarship (Entrance Scholarship, 1st Year) Hons.B.A. High Distinction
1997 – 2001: Trinity College – University of Toronto
- Major in Philosophy and Double Minor in Anthropology and Sociology
- Medico Legal Society of Toronto
- National Self-Represented Litigants Project - SRL Course Instructor
- Canadian Psoriasis Network - Vice-President, Acting-President
- Clinical Engineering & Patient Safety - Author and Presenter (various)
- Children’s Health & Human Rights Partnership - Legal Director
- Certified by the Mental Health Commission of Canada in Mental Health First Aid (2018)
Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2022 ONSC 597This was a successful defence of a motion brought by the insurer defendants in a business interruption coverage class action. The defendant insurance companies sought an order staying the individual a...Get More Information
Endean v. St. Joseph's General Hospital, 2019 ONCA 181 (CanLII)This was a group appeal on the issue of joint and several liability arising from four plaintiff dental malpractice actions. Justice Zarnett, in writing for the Court of Appeal, found that the trial ju...Get More Information
Rawsthorne v Marotta et al, 2017 ONSC 2182 (CanLII)The plaintiff was implanted with the medical device in 1992, and subsequently had the device explanted in January 1994. Litigation was commenced against the defendant doctor and hospital in 2001. The ...Get More Information
Quenneville v. Volkswagen, 2016 ONSC 4607 (CanLII)This was a contempt motion brought against a law firm and two lawyers arising out of a hotly contested class action carriage battle. All defendants were acquitted.Get More Information
Asa v University Health Network, 2016 ONSC 439 (CanLII)This was a judicial review of a hospital's internal findings of falsification and fabrication of scientific data in published journal articles. The Divisional Court accepted that the effect on the pub...Get More Information
Katsoulakos v. Association of Professional Engineers of Ontario, 2014 ONSC 5440 (CanLII)This was an appeal of a disciplinary panel’s findings of incompetence and professional misconduct in a discipline hearing where no defence evidence was tendered. Justice D. Brown, writing for the Divi...Get More Information
Blog & News.
Costs Protection Options for Representative Plaintiffs in Class ActionsWhen it comes to civil litigation, Ontario and other provinces have a “loser pays” rule. That means that the party who succeeds in court will typically have a portion of their legal costs paid by the ...Read Full Story
What Went Wrong And When? A Framework For Assessing Medical Device Product Liability and Patient Safety.Establishing liability is always critically important in personal injury law. In many cases, determining who is responsible for a person’s injuries is straightforward. But when a medical device is inv...Read Full Story
Mental Health and Matters of Life and Death: Concerns About Expanded Eligibility for MAIDFew social policy decisions have elicited as much impassioned debate as Canada’s 2016 Medical Assistance in Dying (MAID) legislation. Proponents of the law lauded it for permitting a person to exercis...Read Full Story
Gluckstein Lawyers is Proud to Welcome James Newland and Brian MoherIndustry leading personal injury law firmGluckstein Lawyers continues in its drive to become an industry leader in the field of catastrophic injury and medical malpractice and are proud to welcome sen...Read Full Story
Our New Website Positions Gluckstein Lawyers as a ‘Thought Leader and an Information Provider’Websites have proven their worth as a means to establish an online presence. They are the virtual storefronts of a business enterprise with the chief aim of converting visitors to consumers. A website...Read Full Story
Risky Business - 2022Risky Business is a CPD-accredited Medical Malpractice Conference designed to educate those who may wish to learn about the complex nature of medical negligence lawsuits.Read More
Guides & Papers.
The Patient Safety Journal. Medical Device Regulations and Patient SafetyThis article examines the distinction between product safety and patient safety; the differences between regulating drugs and devices; and the additional measures that must be taken with medical devic...Read More
Podcasts & Videos.