Team

Gary has received a series of awards over his years of practice including:

Notable Cases:

• Lead Counsel for the successful plaintiff in Graul v. Kansal, tried before Justice Lemon in November, 2021 resulting in a Judgment in excess of the Defendant’s insurance policy limits and more than seven times the defendant’s pretrial offer.”
• Lead counsel for the successful plaintiff in Piluso v. Cervini, tried before a jury in Oshawa in November, 2012, resulting in a jury verdict more than six times the defendant’s pre-trial offer
• Lead counsel for the Carlin family during a Coroner’s inquest in June, 2010, arising out of the death of Sara Carlin who had been prescribed the drug, Paxil, when she was 17 years old. The inquest resulted in a number of important recommendations by the jury;
• Co-counsel in the Prepulsid class action where, after 9 years of litigation, claim was settled for $8,750,000 and settlement was approved by Justice Strathy in October, 2009; (Boulanger v. Johnson & Johnson Corp. 2009 Carswell Ontario 6580) CanLII – 2009 CanLII 58976 (ON S.C.)
• Co-counsel in the Prepulsid class action, certified as a class action by Justice MacDonald in January, 2007; (Boulanger v. Johnson & Johnson Corp. 2007 Carswell Ontario 252) CanLII – 2007 CanLII 735 (ON S.C.)
• Lead counsel for the successful plaintiff in Wakefield v. Takuski tried before a jury in Lindsay, Ontario, in April, 2007, resulting in a jury verdict in excess of the defendant’s policy limits;
• Lead counsel for the successful plaintiff in Williams v. Bowler, CanLII – 2005 CanLII 27526 (ON S.C.) , a medical malpractice case tried in Kingston, Ontario, before Justice Roccamo, resulting in a finding of liability against the doctor and a judgment in excess of $4 Million;
• Lead counsel for the Young family during a Coroner’s Inquest arising out of the death of Vanessa Young after ingesting the drug medication Prepulsid. The inquest resulted in a number of important recommendations by the jury with respect to the drug industry in Canada;
• Lead counsel for three families during a Coroner’s Inquest arising out of a multi-vehicle crash involving 89 cars on Highway 401 in September, 1999, known as “Operation Fog”. The inquest resulted in a number of important recommendations by the jury with respect to transportation as well as police operations in Ontario;
• Lead counsel for the defendant in the case of Lento v. Castaldo (1993), 12 O.R. (3d) 321, the first trial decision involving an injured person who succeeded in surpassing the Ontario Motorist Protection Plan threshold, which case was part of the “threshold trilogy” decision of the Ontario Court of Appeal in Meyer v. Bright CanLII – 1993 CanLII 3389 (ON C.A.);
• Lead counsel for the successful plaintiff in S (J) v. Clement, 122 D.L.R. (4th) 449 before Madam Justice Lang. This decision established a Canadian precedent in finding liability on the part of Correctional Services of Canada for damages suffered by a victim who was sexually assaulted by a prisoner who had escaped from a minimum security prison;
• Lead counsel for the successful third party in the case of Bell Canada v. Olympia & York, [1992] O.J. No. 2802, which action has the distinction of being the longest civil trial in Ontario history;
• Lead counsel for the successful plaintiff, following a 2-month jury trial, in the case of Whiten v. Pilot Insurance Co., CanLII – 1996 CanLII 8109 (ON S.C.) establishing a record jury verdict for punitive damages of $1,000,000.00 for bad faith conduct by an insurance company;
• Lead counsel for the successful plaintiff in Beausoleil v. Canadian General Insurance Co. (1992), 8 O.R. (3d) 754 (leave to appeal to the Supreme Court of Canada refused). This case involved an important interpretation of the under-insured motorist endorsement S.E.F. No. 42.

Publications and Speaking Engagements:

• July 19, 2021; COVID Long-Term Care Home Litigation in Ontario, AAJ Summer Conference
• November 11, 2020; Joint Press Conference between Advocacy Centre for the Elderly, Ontario Health Coalition, and Will Davidson LLP continue the discussion on Bill 218.
• November 10, 2020; Gary Will speaks on Bill 218, LEVY: Is Ford breaking his promise to protect seniors?
• September 23, 2020; moderated and hosted Will Davidson LLP’s annual CLE seminar “Litigating in Challenging Times: How to Prepare Yourself for the Post-COVID Litigation Landscape”.
• September 25, 2019; moderated “Judges Panel: Ethical Issues with Experts at Trial” at Will Davidson LLP’s annual CLE seminar: Experts at Trial: How to Maximize (or Minimize) Their Effectiveness.
• Chair and Speaker at the Will Davidson LLP Products Liability Seminar on September 22, 2016, presented paper on ” Punitive Damages in Products Cases”.
• Chair and Moderator of the Canadian Legal Track for the American Association for Justice Convention in San Francisco on July 21, 2013
• Chair and Moderator of the Canadian Legal Track of the American Association for Justice Convention in Chicago on July 29, 2012
• Speaker at the American Association for Justice Convention in Chicago, on July 29, 2012, presenting paper on “Creative Remedies in Tort Actions”
• Gary Will and Chris Morrison are guest lecturers at the University of Toronto law School, presenting a paper on “Pharmaceutical Litigation Strategies” on October 26, 2011
• Chair and Moderator of the Canadian Legal Track of the American Association for Justice convention in New York City on July 10, 2011
• Gary Will and Chris Morrison are speakers at Osgoode Continuing Education program, presenting a paper on “Product Liability of Pharmaceutical Companies and Pharmaceutical Litigation Strategies” on May 27, 2011
• Speaker at the Ontario Trial Lawyers Association program, presenting a paper on “Strategies to Maximize The Family Law Act Claim” on May 27, 2011
• Contributes a paper to the 20th Anniversary edition of the Litigator, entitled “Mass Tort and Class Action Litigation in Ontario” in March 2011
• Speaker at the Canadian Institute on October 28, 2010, presenting paper on “Keays v. Honda, A year in Review: Practical Strategies of how Bad Faith may actually lead to big money in Disability Claims”.
• Chair and Moderator of Canadian Legal Track for the American Association for Justice convention in Vancouver on July 11, 2010.
• Speaker at the Fall conference of Ontario Trial Lawyers Association on October 30, 2009, presenting paper on “Offers to Settle and Releases – the Importance is in the Details”.
• Moderator of Canadian Legal Track for the American Association for Justice convention in San Francisco on July 26, 2009.
• Speaker at the conference of the Ontario Trial Lawyers Association on March 6, 2009, presenting paper on “Special Awards/Bad Faith and the UDAPs”.
• Speaker at the Canadian Institute program on February 24, 2009, presenting paper on “Protecting your Client’s Interests: Drafting Cost Saving Settlement Agreements
  for Multi-Party Claims”.
• –Moderator of Canadian Legal Track for the American Association for Justice convention in Philadelphia on July 13, 2008.
• Speaker at University of Toronto on June 12, 2008, presenting paper on “Product Liability of Pharmaceutical Companies and Pharmaceutical Litigation Strategies”.
• Speaker at the Canadian Institute program on February 20, 2008, presenting paper on “What’s New in Punitive damages Awards: Are they on the Rise”.
• Speaker at the American Association for Justice program on July 15, 2007, in Chicago, presenting paper on “Punitive Damages in Canada: What We Can Learn From The American Experience”.
• Organizer of the Canadian Legal Track for the American Association for Justice program on July 15, 2007.
• Speaker at Insight Information on December 4, 2006, presenting paper on “Punitive Damages: Going Beyond Bad Faith Insurance Cases – Plaintiff’s Perspective”.
• Speaker at the Ontario Trial Lawyers Association program on October 27, 2006, presenting paper on “Auto Defect Litigation”.
• Organizer of the Canadian Legal Track for the Association of Trial Lawyers of America’ Convention in Seattle on July 15, 2006.
• Speaker at the Association of Trial Lawyers of America program on July 15, 2006, presenting paper on “Participation of U.S. Lawyers in Canadian Class Actions and Mass Torts”.
• Speaker at Infonex program, Critical Issues in Insurance Litigation, June 21, 2006, presenting paper on “Class Action and Mass Tort Litigation in Canada”.
• Co-author of paper for the Canadian Institute program, Medical Malpractice, March 27, 2006, contributing paper on “At What Point Does Error in Judgment Constitute
  Actionable Negligence”.
• Co-chair conference organizer for Insight program on Drug Safety, January 23 and 24, 2006.
• Speaker at Insight program, Drug Safety, January 24, 2006, presenting paper on “Emerging Issues in Pharmaceutical Litigation From The Plaintiff’s Perspective”.
• Speaker at the Trial Lawyers Association of British Columbia program on October 28, 2005, presenting paper on “Punitive Damages: Going Beyond Bad Faith Insurance Claims”.
• Speaker at the Association of Trial Lawyers of America program on July 24, 2005, presenting paper on “Bad Faith Insurance: From Trial to the Supreme Court of Canada”.
• Organizer of the Canadian Legal Track for the Association of Trial Lawyers of America in Toronto on July 24, 2005.
• Speaker at the Ontario Trial Lawyers Association program on May 27, 2005, presenting paper on “Complex Litigation: Representing Multiple Plaintiffs”.
• Co-chair conference organizer for the Ontario Trial Lawyers Association program, “Winning the Bad Faith Case IV”, on April 2, 2004.
• Moderator of a Judges’ panel discussion on bad faith insurance and punitive damages issues for the Ontario Trial Lawyers Association program held on April 2, 2004.
• Speaker at the Osgoode Insurance Law Program on March 4, 2004, presenting paper on “Bad Faith: Moving Beyond Whiten“.
• Speaker at the Canadian Institute program, Litigating Damages Conference, on February 26, 2004, presenting paper on “Trial Themes to Maximize an Award for Punitive Damages”.
• Speaker at the Ontario Trial Lawyers Association program on October 25, 2003, presenting paper on “Winning the Toxic Mould Case”.
• Co-author of paper for the Canadian Institute program, New and Evolving Causes of Action: Drug and Medical Device Liability, on September 24, 2003, contributing paper on “Plaintiff’s Perspective on the Emerging Issues in Drug Litigation”.
• Speaker at Canadian Home Warranty Council program, Toxic Mould in Residential Buildings, on April 24, 2003, presenting paper on “The Litigation of Toxic Mould Claims”.
• Speaker at the Ontario Trial Lawyers Association program, Winning the Bad Faith Case III, on April 4, 2003, presenting paper on “Effective Trial Themes in a Bad Faith Case: What Works with a Jury”.
• Speaker at Osgoode Hall Professional Development Program, Emerging Trends in Insurance Coverage and Litigation, on February 26, 2003, presenting paper on
  “Bad Faith Liability Issues”.
• Speaker at University of Ottawa Law School on January 23, 2003, presenting paper on “Confessions of a Trial Lawyer”.
• Panelist at the Canadian Institute program, National Forum on Toxic Mould Claims, on December 10, 2002, participating in roundtable discussion on “Breaking the Mould: Novel Scientific and Legal Arguments to Establish or Refute Causation”.
• Speaker at the Canadian Institute program, National Forum on Toxic Mould Claims, on December 9, 2002, presenting paper: “Packaging your Mould Case for Success: A Legal, Tactical and Practical Guide”.
• Speaker at the Ontario Bar Association program, Punitive Damage Claims: The Supreme Court Has Spoken, on December 2, 2002, presenting paper: “Litigating the Bad Faith Claim: The Plaintiff’s Perspective”.
• Speaker at the County of Carleton Law Association program, Practical Skills for the Litigator, at Chateau Montebello, on November 1, 2002, presenting paper: “The Aftermath of Whiten v. Pilot: Litigator’s Lessons”.
• Speaker at Canadian Institute program, Advanced Forum on Litigating Damages, on September 19, 2002, presenting paper: “Winning the Race: Advanced Plaintiff and Defence Strategies for Prevailing in your Punitive Damages Case”.
• Speaker at the Canadian Institute’s National Forum on Insurance Litigation, on June 14, 2002, presenting paper on “Winning the Race: Advanced Plaintiff and Defence Strategies for Prevailing in your Bad Faith Case”.
• Speaker at the Atlantic Provinces Trial Lawyers Association meeting in St. John’s, Newfoundland, on June 8, 2002, presenting paper on “APTLA: Working to Keep our Families Safe”.
• Speaker at the inaugural education conference of the Atlantic Provinces Trial Lawyers Association in St. John’s, Newfoundland, on June 7, 2002, presenting paper on “Whiten: Now And In The Future”.
• Speaker at the Metropolitan Toronto Lawyers Association meeting on May 29, 2002, presenting paper on “The Future of Punitive Damages”.
• Speaker at the Ontario Trial Lawyers Association meeting on May 25, 2002, presenting paper on “The Future of Punitive Damages”.
• Speaker at the Ontario Trial Lawyers Association program, Winning the Bad Faith Case II, on April 5, 2002, presenting paper on “Trial Themes to Turn your Bad Faith Claim into an Award for Extra-Contractual Damages”.
• Speaker at the Ontario Brain Injury Association Board of Directors’ meeting on January 20, 2002 on the topic “How OTLA and OBIA Can Work Together for the Benefit of our Clients”.
• Master of Ceremony and Speaker at the Ontario Trial Lawyers Association Tenth Anniversary Dinner, October 25, 2001.
• Speaker at the Association of Trial Lawyers of America program, July 14, 2001, presenting paper on “Punitive Damages for Bad Faith Claims: Influence of American Experience on Emerging Trends in Canada”.
• Organizer of the inaugural Canadian Legal Track for the Association of Trial Lawyers of America in Montreal on July 14, 2001.
• Speaker at the Insight program, Managing the Acquired Brain Injury Case, June 11, 2001, presenting paper on “Update on Punitive Damages”.
• Speaker at the Ontario Trial Lawyer Association conference, June 2, 2001, presenting paper on “Long Term Disability Claims: Whiten, Clarfield and Beyond”.
• Speaker at the Canadian Institute program, Insurance Litigation, May 24, 2001, involving panel discussion of “Punitive Damages and Bad Faith Claims”.
• Speaker at Dominion of Canada Insurance Company, Scarborough Office, on January 25, 2001, presenting paper on “Punitive Damages for Bad Faith”.
• Speaker at Dominion of Canada Insurance Company, Oakville Office, on January 18, 2001, presenting paper on “Punitive Damages for Bad Faith”.
• Prepared paper for Canadian Insurance Adjusters’ Association conference on “The Permissible Use of Polygraph Examinations in Insurance Cases” (conference scheduled for November 14, 2000, postponed).
• Speaker at the Canadian Institute, Litigating Disability Insurance Claims, on November 7, 2000, presenting paper “Crime and Punishment: Bad Faith and Punitive Damages”.
• Speaker at the Canadian Institute Program, Product Liability Claims: How to Build/Defend your Case in the Internet Age, September 28, 2000, presenting paper on “Preservation of Evidence and Remedies for Spoliation”.
• Speaker at the Ontario Trial Lawyers Association meeting on September 15, 2000, presenting paper on “Themes in a Bad Faith Case: Trial Preparation and Trial”.
• Organizer of the inaugural educational program “Winning the Bad Faith Case” for the Ontario Trial Lawyers Association, Bad Faith Litigation Section, on September 15, 2000.
• Speaker at the Toronto Rehabilitation Hospital on the topic of “The Current Automobile Insurance Scheme”, on July 5, 2000.
• Speaker at the St. John’s Rehabilitation Hospital on the topic of “Identifying the Needs of Patients and Preserving their Access to Justice”, on June 20, 2000.
• Speaker at Canadian Institute conference on CGL and P & C Insurance Coverage Disputes presenting paper on “Developing Bad Faith and Punitive Damage Claims” on May 16, 2000.
• Speaker at the Markdale Centre Grey Hospital presenting a paper on “Working Together in the Insurance Case” on May 9, 2000.
• Speaker at Toronto Claims Group Association presenting paper on “Emerging Trends in the Law on Punitive Damages” on April 26, 2000.
• Presentation of the Ontario Trial Lawyers Association’s submissions to Peter Cory on his inquiry reviewing paralegal practice in Ontario on March 17, 2000.
• Speaker at the Ontario Insurance Adjusters Association Conference, February 11, 2000, presenting paper on “Punitive Damages: Changing Views in Canadian Courts”.
• Contributed Paper to the Advocates Society Court House Series (Windsor, Ontario), February 3, 2000, presenting paper on “Bad Faith Claims and Punitive Damages”.
• Speaker at the Canadian Institute Program – Litigating Disability Insurance Claims, November 23, 1999, presenting paper on “Bad Faith and Good Faith Claims: When Claims lead to Aggravated and Punitive Damages”.
• Speaker at OTLA meeting, October 29, 1999, presenting paper: “Discovery in a Bad Faith Case: Setting up the Claim for Punitive Damages”.
• Lecturer at McGill University – Faculty of Law, October 19, 1999, speaking on the topic of “The Evolution of the Law on Punitive Damages”.
• Speaker at the Canadian Bar Association Insurance Law Section Meeting, March 10, 1999, presenting paper: “Punitive Damages: A Strategy Session”.
• Speaker at the Advocates’ Society “Practical Strategies for Advocates VIII” on February 19, 1999, presenting paper: “Deductibility of Collateral Benefits, Life post-Cugliari”.
• Speaker at the Municipal Electric Association, Legal Matters Seminar, November 27, 1997, presenting paper: “Storm Clouds on the Horizon: An Overview of the Class Proceedings Act“.
• Speaker at the Ontario Trial Lawyers Association meeting on November 6, 1997, presenting paper: “LEC Benefits: Framing an Action in Bad Faith’.
• Speaker at the Law Society of Upper Canada Conference, “The Six Minute Personal Injury Litigator: Plaintiff’s Dilemmas” on June 11, 1997, presenting paper on “Developing Bad Faith Claims”.
• Speaker at the Canadian Bar Association Conference on “Litigation Review: Staying on Top” on April 11, 1997, presenting paper on “Insurance Claims”.
• Speaker at the Ontario Trial Lawyers Association, Young Lawyers’ Division meeting, on February 28, 1997, speaking on the topic of: “Trial Preparation and The Opening Statement”.
• Speaker at The Insurance Education Group, Canadian Bar Association, Education and Meeting Centre, on January 28, 1997, presenting paper: “Punitive Damages – For the Plaintiff”.
• Speaker at the County of Carleton Law Association meeting at the Chateau Montebello on November 8, 1996, presenting paper: “Punitive Damages”.
• Speaker at Ontario Trial Lawyers Association meeting on October 27, 1996, presenting paper: “Calling the Adverse Party at Trial”.
• Speaker at Ontario Trial Lawyers Association meeting on October 26, 1996, presenting paper: “Strategies for Maximizing a Claim for Personal Injuries under Bill 59”.
• Speaker at joint meeting of Hamilton Law Association and Ontario Insurance Adjusters’ Association on October 24, 1996, discussing insurers’ bad faith with reference to the cases of Bullock v. Trafalgar and Whiten v. Pilot.
• Speaker at Advocates’ Society “Practical Strategies for Advocates VI” on October 5, 1996, presenting paper: “Charting a Claim for Punitive Damages: Lessons from the Pilot”.
• Speaker at Ontario Trial Lawyers Association annual meeting on June 1, 1996, presenting paper: “Punitive Damages for Bad Faith”.
• Speaker at Canadian Bar Association civil litigation section meeting on May 14, 1996, presenting paper on “Insurance Bad Faith Claims”.
• Speaker at Canadian Bar Association joint civil litigation/insurance law meeting on November 22, 1995, presenting paper on “Insurance Claims”.
• Speaker at Ontario Trial Lawyers Association annual meeting on May 27, 1995, presenting paper: “Collateral Benefits: Deductibility from Tort and Accident Benefits”.
• Speaker at Advocates’ Society “Accident Benefits Workshop” in Toronto on May 17, 1995.
• Speaker at Advocates’ Society “Accident Benefits Workshop” in London on April 27, 1995.
• Speaker at Dominion of Canada Insurance Company on April 11, 1995, presenting paper on “The Ontario Motorist Protection Plan”.
• Speaker at Advocates’ Society “Practical Strategies for Advocates IV” on November 25, 1994, presenting paper: “What’s left for Tort? Ratych/Cunningham/Deductibility”.
• Speaker at Advocates’ Society “Practical Strategies for Advocates III” on November 26, 1993, presenting paper: “Unravelling the Deductions and Credits: Ratych/C.P.P./First Party Payments and Beyond”.
• Speaker at Dominion of Canada Insurance Company on June 4, 1993, presenting paper on “Bad Faith Litigation”.
• Speaker at the Ontario Insurance Adjusters’ Association meeting, April 2, 1992, on the topic of “The Ontario Motorist Protection Plan”.
• Speaker at the Economical Mutual Insurance Company on March 24, 1992, presenting paper on “Dealing with the Personal Injury Claim: A Guide to the OMPP”.
• Contributed Chapter on Collateral Benefits in Personal Injury Practice Manual, published by Butterworths Lexis-Nexis, 1999.
• Contributed a number of articles to the publication “Lawyers’ Weekly” and “The Litigator”.
• A frequent speaker on legal topics to community service clubs and consumer advocacy groups.