Canadian Lawyer

May 2026

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24 www.canadianlawyermag.com TOP PERSONAL INJURY BOUTIQUES 2026 Cuming & Gillespie LLP Complex personal injury and medical negligence claims underpin this practice, supported by a collaborative team structure and experienced lawyers. Feedback highlights a practice that approaches files with care and consistency, maintaining high standards in both advocacy and client service across chal- lenging matters. What CL voters said: • "Commitment to clients and advancing the law." Using clinical credibility to establish liability in complex claims Intake and early case assessment The case required a detailed investigation before litigation could begin. It involved a complex medical malpractice claim, where viability depended on whether liability and causation could be established in a highly specialized context. "Our firm maintains a high tolerance for risk … provided there is a clear path to estab- lishing liability and significant potential for compensation," says Comfort. Early assessment combined client cred- ibility, the severity of the injury, and prelimi- nary expert input. The decision to proceed turned on whether the case justified the significant investment required. Building the case The evidentiary strategy centred on expert selection. Rather than relying on professional witnesses, the firm sought specialists with current clinical experience. "We avoided 'career witnesses' in favour of specialists who are up to date with the latest medical protocols and peer-reviewed research," Comfort says. That approach shaped how the case was presented. By grounding the evidence in current clinical practice, the firm advanced a position that was difficult to challenge. "The decisive factor was the clinical rele- vance of our experts' findings." Those findings established the link between the alleged breach and the client's long-term outcome. Negotiation and resolution Negotiations were approached from an evidence-based position, with readiness to proceed to trial if required. The matter resolved through media- tion, with the outcome shaped by the firm's preparation and litigation posture. "The defining factor in the result was our firm's reputation for litigation readiness," Comfort says. By the time mediation occurred, the case had met all procedural milestones and was positioned to move forward. That readi- ness influenced the defence's approach and contributed to a settlement that reflected the client's long-term needs. Auger Hollingsworth Accident & Injury Lawyers Clear communication and sustained client involvement define the approach here. Feed- back highlights a team that explains the process in practical terms, remains accessible, and stays engaged beyond the legal work, including helping clients access care and rehabilitation. What CL voters said: • "You expect a personal injury lawyer to perform their job objectively and compe- tently. What sets this firm apart is that they consistently do more than what's required: top-tier work, clear communi- cation, and a team that treats you like a person, not a file." Managing contributory negligence and building evidence beyond the record Intake and early case assessment The case involved a 19-year-old passenger who sustained severe orthopaedic injuries in a rural collision. Liability was not straightforward. While the client was not the driver, he had been heavily intoxicated, entered a vehicle with an impaired driver, and was not wearing a seatbelt. "We knew there was a risk of serious contributory negligence at the outset," says Hollingsworth. The claim was viable, but expo- sure on liability required a strategy that could address how those factors would be weighed. Building the case The medical record was extensive. The client underwent more than 10 surgeries and required prolonged rehabilitation. The firm focused on capturing the experi- ence in a way that the record alone could not. "We knew that capturing images of his ordeal in the hospital and rehab would be impactful," Hollingsworth says. The client and his family documented the recovery process through photographs, creating a visual record of the injury and its impact. Those images became critical. In a discovery or mediation setting, the client could appear outwardly unaffected. The visual evidence reinforced the medical record and expert reports, grounding the case in lived experience. "In response to court delays, our firm has shifted to a more proactive, aggressive litigation strategy" Laura Comfort , Cuming & Gillespie LLP SPECIAL REPORT

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