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Duncan Embury

Head of Litigation

Contact Duncan Embury's Team:
Danyle Thompson, Law Clerk




Graduate of University of Windsor Law School (LLB, 1994)



  • Call to the Bar (Ontario) in 1996
  • Call to the Bar (Alberta) in 2018
  • Repeatedly recommended by the Canadian Legal Lexpert Directory
  • Named by Best Lawyers Canada, 2015 - 2023

Duncan Embury is a Best Lawyers Recognition Award recipient for 2023
Certified Specialist Award
Lexpert Ranked Award, 2024
Martindale-Hubbell Peer Rated Award, 2024



Duncan is a Partner and Head of Litigation at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues.

Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He also handles complex, multiparty civil litigation including claims of institutional negligence, product liability, and municipal liability. Duncan has appeared before all levels of trial and appellate courts, including the Supreme Court of Canada. His most recent courtroom accomplishments include victories in Doobay v Fu (2020 ONSC 3329), Hasan v Trillium Health (2022 ONSC 3175), and Hemmings (litigation guardian of) v Peng (2022 OJ No 2674), all involving severely brain injured plaintiffs; and a recent appeal win in Farej v Fellows (2022 ONCA 254).

He 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 since 2014 in the Canadian Lexpert Directory® and has been named as one of Canada's Best Lawyers® since 2015. Additionally, Duncan has also been certified as a specialist in civil litigation by the Law Society of Upper Canada.

In addition to his busy practice in the Province of Ontario, Duncan is a member of the Alberta Law Society.


Member Of

  • The Advocates Society
  • Canadian Bar Association
  • Ontario Trial Lawyers Association (OTLA)
  • Pro Bono Law Ontario at SickKids
  • Alberta Law Society
Duncan Embury, Lead Medical Malpractice Lawyer


Duncan Embury's Team



Danyle Thompson, Law Clerk

Book Free Consultation  Duncan Embury recognized by Best Lawyers, 2023


Neinstein Medical Malpractice Team

Our Legal Team 

We are an award-winning team of medical malpractice lawyers who focus on serving victims of medical malpractice and trying their most complex cases. Our lawyers are here to listen and are prepared to act on your behalf as we work to achieve the best possible outcome.

At Neinstein, our team is connected by our enduring commitment to our clients and their families. Through our specialized experience, we understand the challenges you may face and offer our steadfast support.

In Compensation*


What You Can Expect

Experienced Legal Team

When medical mistakes happen, lives and livelihoods are often at risk. As lawyers for medical negligence, and as people who care about the well-being of our valued clients, we understand what this means to you and your family, and advocate wholeheartedly for a just and advantageous malpractice settlement. While some clinical negligence claims may be resolved outside of the court system through mediation, it is important to recognize that your medical malpractice lawyer at Neinstein is also prepared to stand by you and advance your case should it go to trial.

Our medical malpractice lawyers have developed proven strategies which can strengthen your case and protect your rights to financial security and restitution, while providing you the opportunity to focus on your road to recovery.

The excellent services we provide have led our lawyers to be repeatedly recommended by past clients and Lexpert, Canada's leading source of law business news, in the practice area of personal injury law including medical malpractice.

Experienced in Medical Negligence Cases

Not all law firms can offer in-depth knowledge and insight vital for a successful medical malpractice claim. At Neinstein, a medical malpractice lawyer who has been specifically trained and practiced in cases like yours will be a powerful ally.

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and pertinent experience. Our team has assisted with countless clinical negligence claims over the years, including cases related to birthing injuries, acquired and hypoxic brain injuries including stroke, tPA administration and atrial fibrillation, surgical negligence, sepsis and cardiac arrest, defective hernia mesh, cancers of the breast, colon, lung and prostate, and instances of failure to monitor as well as errors in nursing and medication.

Prompt and accurate diagnosis and treatment can mean the difference between good health and undue hardship, or even life and death. If you or a loved one has been misdiagnosed or have been subject to a delayed diagnosis, your well-being or the welfare of a family member may be at stake.

Our team at Neinstein can help you determine if your case qualifies for a medical malpractice claim and can assist you by providing the means for remuneration and the possibility of a smoother recovery.

As lawyers in the field of personal injury with a focus on medical malpractice, our lawyers at Neinstein can effectively represent you in the event of clinical error.

Driven to Support You

At Neinstein, our team is connected by our enduring commitment to our clients and their families. Through our specialized experience, we understand the challenges you may face and offer our steadfast support. We encourage our clients to call us with any questions and concerns they may have, and we provide access to crucial healthcare as well as resources to protect dependent families.

A case is as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead. Listen to the testimonials given by our past clients who have experienced our award winning service.