Graduate of University of Windsor Law School (LLB, 1994)
Call to the Bar in 1996
LEXPERT ranked lawyer
Named Best Lawyers Canada, 2013 – 2016

Member of:

  • The Advocates’ Society
  • Canadian Bar Association
  • Ontario Trial Lawyers Association
  • Pro Bono Law Ontario at SickKids
  • Alberta Law Society

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T. 416 920 4242 ext 2240
E. duncan@neinstein.com
Download vCard: Duncan Embury.vcf

Duncan is a Partner and head of the Medical Malpractice group at Neinstein 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.


Publications & Presentations
  • Medical Malpractice Module 5 – Panel Member at Osgoode Hall Law School, York University
  • Deconstructing Campbell v Roberts – Article presented at Medical Malpractice: Strategies for Success conference in Nassau, Bahamas
  • Preparing the Plaintiff for the Medical Negligence Trial – Article presented at Health Law Section for the Ontario Bar Association
  • Emerging Claims: Wrongful birth and wrongful life – Newsletter
  • Doctors are Key to Success in Malpractice Litigation – The Lawyers Weekly, Co-authored with J.E. Grevler
  • Annual Symposium of the Canadian Anesthesiologists’ Society – Presentation
  • The Doctor in Medical Malpractice Cases: Friend and Foe – Electronic Textbook of Legal Medicine: International Medical Litigation Consultants Corporation (www.MedLit.info), Co-authored with J.E. Grevler
  • A Matter of Life and Birth: The Torts of ‘Wrongful Life’ and ‘Wrongful Birth’ in Canada, Article in The Lawyers Weekly, Co-authored with J.E. Grevler
  • Surgical Negligence; It’s All in the Approach Presentation for the Ontario Trial Lawyers Association Medical Malpractice Section Conference
  • Brain Injury 1 – Article
  • Brain Injury 2 – Article
  • Outline of a Medical Malpractice Examination – Article
  • Tavern’s Liability – Article
  • Pediatric Brain Injuries: Facing the Economic and Legal Realities – Article Co-authored with J.E. Grevler, Torkin Manes
  • Medical Malpractice and Liability – Presentation Conference Chair, Insight Conference
Cases of Note

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Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.

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