Duncan Embury - Neinstein LLP

Duncan Embury

Listed in Best Lawyers since 2015
Phone: 416-920-4242

Duncan is a Partner and head of the Medical Malpractice group at Neinstein Personal Injury Lawyers. He primarily acts on behalf of plaintiffs on cases involving all areas of medical negligence including obstetrical negligence and surgical negligence. He also acts for plaintiffs on all types of catastrophic personal injury claims including claims for institutional negligence, occupier’s liability, motor vehicle accidents and product liability matters. Duncan also handles complex multi-jurisdictional cases to assist Ontario residents in recovering damages where the injuries occurred in a foreign jurisdiction. He was counsel on Van Breda v. Club Resorts, the leading Canadian case on jurisdiction. In addition to a full trial and appeal practice in these areas, Duncan also provides co-counsel assistance to other lawyers in handling complex medical negligence cases at both trial and appeal.

Duncan is a regular speaker and presenter in all areas of medical negligence for the Ontario Trial Lawyers Association, the Ontario Bar Association and the Law Society of Upper Canada. Duncan has been voted by his peers as a leading expert in his field in the 2014 & 2015 Canadian Lexpert Directory ® and has been named as one of Best Lawyers ® in Canada. More recently Duncan has been certified as a specialist in civil litigation by the Law Society of Upper Canada.

Additional Information

Areas of Specialization
Birthing Injuries including
  • Hypoxic Ischemic Encephalopathy
  • Brachial Plexus (Shoulder Dystocia)
  • Perinatal Stroke
Acquired Brain Injuries including
  • Ischemic Stroke
  • Hemorrhagic Stroke
  • Carotid Dissection
  • Brain Abscess
  • Pseudo-tumor Cerebri
  • Hydrocephalus
  • Carotid Stenosis
tPA Administration (Tissue Plasminogen Activator)


Atrial Fibrillation
Surgical Negligence including
  • Anastomotic Leak
  • Bowel Obstruction
  • Injury to major blood vessels
  • Injury to surrounding Organs
  • Laparoscopic Surgery
  • Whipple Resection
  • Shunt complications
  • Laparoscopic Cholecystectomy
  • Colectomy
  • Anaesthesiology
  • Failure to monitor
Cardiac Arrest




Hypoxic Brain Injuries


Breast/Colon/Lung/Prostate Cancer
Failure to Monitor
  • Pre-operatively
  • Perioperatively
  • Post-operatively
Medication errors


Nursing errors

Office Location

1200 Bay Street, Suite 700
Toronto, ON M5R 2A5

Practice Areas

Medical Negligence
Personal Injury Litigation