Duncan Embury

Duncan Embury

Neinstein LLP

Recognized since 2015

Toronto, Ontario

Practice Areas

Medical Negligence

Personal Injury Litigation

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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.


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

Neinstein LLP
Headquarters: Toronto, Ontario

3 The Best Lawyers in Canada awards

1 Best Lawyers: Ones to Watch in Canada awards

Full Firm Profile

Recognized in The Best Lawyers in Canada 2022 for work in:

  • Medical Negligence
  • Personal Injury Litigation

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

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