Mark D. Lerner
Partner
When representing physicians whose professional reputation is at stake, Mark's goal, in addition to resolving the problem, is to do so in a manner that minimizes stress as much as possible through skills and experience gained after 50 years in Health Law.
Areas of Expertise
Medical Negligence Defence
Professional Liability
Insurance and Product Liability Law
Civil Litigation and Trial Advocacy
Risk Management in Healthcare
Education
Admitted to the Bar (1975)
Bachelor of Laws, Osgoode Hall School of York University (1973)
Bachelor of Arts, York University (1970)
Education
Admitted to the Bar (1975)
Bachelor of Laws, Osgoode Hall School of York University (1973)
Bachelor of Arts, York University (1970)
Education
Admitted to the Bar (1975)
Bachelor of Laws, Osgoode Hall School of York University (1973)
Bachelor of Arts, York University (1970)
Awards and Recognition
Selected by peers for The Best Lawyers in Canada for Health Care Law
2019 Ontario Bar Association Award of Excellence in Insurance Law
Lawyer of the Year Product Liability Law London/Windsor, The Best Lawyers in Canada, 2019
Listed as “Repeatedly Recommended” in Canadian Legal Lexpert Directory for medical negligence (represents defendants)
Listed in The Best Lawyers in Canada, 2006 (inaugural edition), to 2025
Listed in Martindale-Hubbell Law Directory, peer review rating BV, 2008 to 2018
Awards and Recognition
Selected by peers for The Best Lawyers in Canada for Health Care Law
2019 Ontario Bar Association Award of Excellence in Insurance Law
Lawyer of the Year Product Liability Law London/Windsor, The Best Lawyers in Canada, 2019
Listed as “Repeatedly Recommended” in Canadian Legal Lexpert Directory for medical negligence (represents defendants)
Listed in The Best Lawyers in Canada, 2006 (inaugural edition), to 2025
Listed in Martindale-Hubbell Law Directory, peer review rating BV, 2008 to 2018
Awards and Recognition
Selected by peers for The Best Lawyers in Canada for Health Care Law
2019 Ontario Bar Association Award of Excellence in Insurance Law
Lawyer of the Year Product Liability Law London/Windsor, The Best Lawyers in Canada, 2019
Listed as “Repeatedly Recommended” in Canadian Legal Lexpert Directory for medical negligence (represents defendants)
Listed in The Best Lawyers in Canada, 2006 (inaugural edition), to 2025
Listed in Martindale-Hubbell Law Directory, peer review rating BV, 2008 to 2018
Selected Presentations and Publications
“Why I am Proud to be a Lawyer” (The Advocates’ Society, February 2025)
Frequent guest lecturer for the Canadian Bar Association, the Law Society of Ontario, The University of Western Ontario in the Faculty of Law and in the Faculty of Medicine and Dentistry
“Negotiation Strategies for Litigators” (The Advocates’ Society, May 2017)
”Reducing Your Medical Legal Risk in the ER” (North York General Hospital, Emergency Medicine Update, May 2016)
“Medical Malpractice Trial 101 – Practical Strategies” (Ontario Bar Association, April 2016)
“The Use and Abuse of Documents at Trial” (Oatley-McLeish Guide to Motor Vehicle Litigation, March 2016)
“Courthouse Series Demonstration” (The Advocates’ Society, December 2012)
“What’s the Damage Really Worth?” (The Middlesex Law Association Personal Injury Conference, December 2012)
“Partnering in the Interests of the Administration of Justice” (Criminal Advocacy Summit, Toronto, May 2012)
“Consent to Treatment – Rasouli and Consent to Withdraw Treatment” (Civil Litigation Updated 2011, County of Carleton Law Association, Montebello, November 2011)
Law Society of Ontario, Civility Forum, London, February 2010
London City-wide Orthopedic Grand Rounds “Litigating Compartment Syndrome”, December 2009
“Civil Litigation Section on Dispute Resolutions” (American Bar Association, Toronto, October 2006)
“Tavern Liability from the Plaintiff’s Perspective” (Canadian Bar Association, Toronto, November 2000)
Selected Presentations and Publications
“Why I am Proud to be a Lawyer” (The Advocates’ Society, February 2025)
Frequent guest lecturer for the Canadian Bar Association, the Law Society of Ontario, The University of Western Ontario in the Faculty of Law and in the Faculty of Medicine and Dentistry
“Negotiation Strategies for Litigators” (The Advocates’ Society, May 2017)
”Reducing Your Medical Legal Risk in the ER” (North York General Hospital, Emergency Medicine Update, May 2016)
“Medical Malpractice Trial 101 – Practical Strategies” (Ontario Bar Association, April 2016)
“The Use and Abuse of Documents at Trial” (Oatley-McLeish Guide to Motor Vehicle Litigation, March 2016)
“Courthouse Series Demonstration” (The Advocates’ Society, December 2012)
“What’s the Damage Really Worth?” (The Middlesex Law Association Personal Injury Conference, December 2012)
“Partnering in the Interests of the Administration of Justice” (Criminal Advocacy Summit, Toronto, May 2012)
“Consent to Treatment – Rasouli and Consent to Withdraw Treatment” (Civil Litigation Updated 2011, County of Carleton Law Association, Montebello, November 2011)
Law Society of Ontario, Civility Forum, London, February 2010
London City-wide Orthopedic Grand Rounds “Litigating Compartment Syndrome”, December 2009
“Civil Litigation Section on Dispute Resolutions” (American Bar Association, Toronto, October 2006)
“Tavern Liability from the Plaintiff’s Perspective” (Canadian Bar Association, Toronto, November 2000)
Selected Presentations and Publications
“Why I am Proud to be a Lawyer” (The Advocates’ Society, February 2025)
Frequent guest lecturer for the Canadian Bar Association, the Law Society of Ontario, The University of Western Ontario in the Faculty of Law and in the Faculty of Medicine and Dentistry
“Negotiation Strategies for Litigators” (The Advocates’ Society, May 2017)
”Reducing Your Medical Legal Risk in the ER” (North York General Hospital, Emergency Medicine Update, May 2016)
“Medical Malpractice Trial 101 – Practical Strategies” (Ontario Bar Association, April 2016)
“The Use and Abuse of Documents at Trial” (Oatley-McLeish Guide to Motor Vehicle Litigation, March 2016)
“Courthouse Series Demonstration” (The Advocates’ Society, December 2012)
“What’s the Damage Really Worth?” (The Middlesex Law Association Personal Injury Conference, December 2012)
“Partnering in the Interests of the Administration of Justice” (Criminal Advocacy Summit, Toronto, May 2012)
“Consent to Treatment – Rasouli and Consent to Withdraw Treatment” (Civil Litigation Updated 2011, County of Carleton Law Association, Montebello, November 2011)
Law Society of Ontario, Civility Forum, London, February 2010
London City-wide Orthopedic Grand Rounds “Litigating Compartment Syndrome”, December 2009
“Civil Litigation Section on Dispute Resolutions” (American Bar Association, Toronto, October 2006)
“Tavern Liability from the Plaintiff’s Perspective” (Canadian Bar Association, Toronto, November 2000)
Recent Noteworthy Cases
Newton v. Florence (2025), Guelph Court File CV-15-00000662-0000 (OSCJ), Medical Negligence
Duggan v Lakeridge Health Corp., 2017 ONSC 1474, 2017 CarswellOnt 4063, 279 A.C.W.S (3d) 39, Medical Negligence
Duggan v Lakeridge Health Corp., 2016 ONSC 5106, 2016 CarswellOnt 13338, 270 A.C.W.S (3d) 65, Medical Negligence
Martin v. Shah, 2016 ONSC 5382, Medical Negligence
Smith v. Saraf-Dhar, 2016 ONSC 4556, Medical Negligence
Tremaine v. Muir, (2014) ONSC 185
Graham v. Lemay and the City of Ottawa et al, (2012) ONSC 1655, Discovery Procedures
Ball v. Amendola et al [2009] O.J. No. 4114, 2009 CarswellOnt 5983, Medical Negligence
Huinink v. County of Oxford and Fenton et al., [2008] O.J. No. 1317; 166 A.C.W.S. (3d) 399; 2008 CarswellOnt 1895. Medical Negligence
Lariviere v. Ainslie, [2006] O.J. No. 522; [2006] O.T.C. 129; 145 A.C.W.S. (3d) 1146; 2006 CarswellOnt 798; 2006 CanLII 3660. Medical Negligence
Sanger v. Stoffman, [2006] O.J. No. 49; [2006] O.T.C. 12; 144 A.C.W.S. (3d) 959; 2006 CarswellOnt 49; 2006 CanLII 125. Medical Negligence
Sanger v. Stoffman, [2005] O.J. No. 137; 136 A.C.W.S. (3d) 555; 2005 CarswellOnt 134. Medical Negligence
Recent Noteworthy Cases
Newton v. Florence (2025), Guelph Court File CV-15-00000662-0000 (OSCJ), Medical Negligence
Duggan v Lakeridge Health Corp., 2017 ONSC 1474, 2017 CarswellOnt 4063, 279 A.C.W.S (3d) 39, Medical Negligence
Duggan v Lakeridge Health Corp., 2016 ONSC 5106, 2016 CarswellOnt 13338, 270 A.C.W.S (3d) 65, Medical Negligence
Martin v. Shah, 2016 ONSC 5382, Medical Negligence
Smith v. Saraf-Dhar, 2016 ONSC 4556, Medical Negligence
Tremaine v. Muir, (2014) ONSC 185
Graham v. Lemay and the City of Ottawa et al, (2012) ONSC 1655, Discovery Procedures
Ball v. Amendola et al [2009] O.J. No. 4114, 2009 CarswellOnt 5983, Medical Negligence
Huinink v. County of Oxford and Fenton et al., [2008] O.J. No. 1317; 166 A.C.W.S. (3d) 399; 2008 CarswellOnt 1895. Medical Negligence
Lariviere v. Ainslie, [2006] O.J. No. 522; [2006] O.T.C. 129; 145 A.C.W.S. (3d) 1146; 2006 CarswellOnt 798; 2006 CanLII 3660. Medical Negligence
Sanger v. Stoffman, [2006] O.J. No. 49; [2006] O.T.C. 12; 144 A.C.W.S. (3d) 959; 2006 CarswellOnt 49; 2006 CanLII 125. Medical Negligence
Sanger v. Stoffman, [2005] O.J. No. 137; 136 A.C.W.S. (3d) 555; 2005 CarswellOnt 134. Medical Negligence
Recent Noteworthy Cases
Newton v. Florence (2025), Guelph Court File CV-15-00000662-0000 (OSCJ), Medical Negligence
Duggan v Lakeridge Health Corp., 2017 ONSC 1474, 2017 CarswellOnt 4063, 279 A.C.W.S (3d) 39, Medical Negligence
Duggan v Lakeridge Health Corp., 2016 ONSC 5106, 2016 CarswellOnt 13338, 270 A.C.W.S (3d) 65, Medical Negligence
Martin v. Shah, 2016 ONSC 5382, Medical Negligence
Smith v. Saraf-Dhar, 2016 ONSC 4556, Medical Negligence
Tremaine v. Muir, (2014) ONSC 185
Graham v. Lemay and the City of Ottawa et al, (2012) ONSC 1655, Discovery Procedures
Ball v. Amendola et al [2009] O.J. No. 4114, 2009 CarswellOnt 5983, Medical Negligence
Huinink v. County of Oxford and Fenton et al., [2008] O.J. No. 1317; 166 A.C.W.S. (3d) 399; 2008 CarswellOnt 1895. Medical Negligence
Lariviere v. Ainslie, [2006] O.J. No. 522; [2006] O.T.C. 129; 145 A.C.W.S. (3d) 1146; 2006 CarswellOnt 798; 2006 CanLII 3660. Medical Negligence
Sanger v. Stoffman, [2006] O.J. No. 49; [2006] O.T.C. 12; 144 A.C.W.S. (3d) 959; 2006 CarswellOnt 49; 2006 CanLII 125. Medical Negligence
Sanger v. Stoffman, [2005] O.J. No. 137; 136 A.C.W.S. (3d) 555; 2005 CarswellOnt 134. Medical Negligence
Memberships
The Advocates’ Society:
Member of the Board of Directors, 2002 to 2012
Executive Committee:
President, 2011 to 2012
First Vice-President, 2010 to 2011
Second Vice-President, 2009 to 2010
Treasurer, 2008 to 2009
Secretary, 2007 to 2008
Other Committees:
Chair, Standing Committee on Collegiality, Mentoring and Membership, 2005 to 2006
Vice-Chair, Standing Committee on Collegiality, Mentoring and Membership, 2004 to 2005
Vice-Chair, Task Force on Advocacy, 2003 to 2004
Member of Standing Committee on Advocacy and Practice, 2003 to 2004
Conventions:
Co-Chair, International Convention, May 2010, Madrid and Marrakech
Co-Chair, International Convention April 2008, Vienna and Prague
Co-Chair, Fall Convention 2006, Mexico
Co-Chair, Fall Convention 2005, Bahamas
Law Society of Ontario:
Civil Rules Committee - appointed as a representative of the Law Society of Ontario, February, 2009 to 2018
St. Joseph’s Health Care, London:
Member of the Executive Committee, 2000 to 2001
Chair, Quality of Care & Ambulatory Care Committee, 1996 to 2001
Member of the Board of Directors of St. Joseph’s Health Care, 1995 to 2001
Member of the Board of Directors of St. Joseph’s Health Care Foundation, 1988 to 1996
London Health Sciences Centre, London:
Member of Joint Committee, 2001
Chair of Emergency Services Task Force, 1998
Alzheimer Society of London and Middlesex:
Former Member of the Board of Directors, 1981 to 1985
Memberships
The Advocates’ Society:
Member of the Board of Directors, 2002 to 2012
Executive Committee:
President, 2011 to 2012
First Vice-President, 2010 to 2011
Second Vice-President, 2009 to 2010
Treasurer, 2008 to 2009
Secretary, 2007 to 2008
Other Committees:
Chair, Standing Committee on Collegiality, Mentoring and Membership, 2005 to 2006
Vice-Chair, Standing Committee on Collegiality, Mentoring and Membership, 2004 to 2005
Vice-Chair, Task Force on Advocacy, 2003 to 2004
Member of Standing Committee on Advocacy and Practice, 2003 to 2004
Conventions:
Co-Chair, International Convention, May 2010, Madrid and Marrakech
Co-Chair, International Convention April 2008, Vienna and Prague
Co-Chair, Fall Convention 2006, Mexico
Co-Chair, Fall Convention 2005, Bahamas
Law Society of Ontario:
Civil Rules Committee - appointed as a representative of the Law Society of Ontario, February, 2009 to 2018
St. Joseph’s Health Care, London:
Member of the Executive Committee, 2000 to 2001
Chair, Quality of Care & Ambulatory Care Committee, 1996 to 2001
Member of the Board of Directors of St. Joseph’s Health Care, 1995 to 2001
Member of the Board of Directors of St. Joseph’s Health Care Foundation, 1988 to 1996
London Health Sciences Centre, London:
Member of Joint Committee, 2001
Chair of Emergency Services Task Force, 1998
Alzheimer Society of London and Middlesex:
Former Member of the Board of Directors, 1981 to 1985
Memberships
The Advocates’ Society:
Member of the Board of Directors, 2002 to 2012
Executive Committee:
President, 2011 to 2012
First Vice-President, 2010 to 2011
Second Vice-President, 2009 to 2010
Treasurer, 2008 to 2009
Secretary, 2007 to 2008
Other Committees:
Chair, Standing Committee on Collegiality, Mentoring and Membership, 2005 to 2006
Vice-Chair, Standing Committee on Collegiality, Mentoring and Membership, 2004 to 2005
Vice-Chair, Task Force on Advocacy, 2003 to 2004
Member of Standing Committee on Advocacy and Practice, 2003 to 2004
Conventions:
Co-Chair, International Convention, May 2010, Madrid and Marrakech
Co-Chair, International Convention April 2008, Vienna and Prague
Co-Chair, Fall Convention 2006, Mexico
Co-Chair, Fall Convention 2005, Bahamas
Law Society of Ontario:
Civil Rules Committee - appointed as a representative of the Law Society of Ontario, February, 2009 to 2018
St. Joseph’s Health Care, London:
Member of the Executive Committee, 2000 to 2001
Chair, Quality of Care & Ambulatory Care Committee, 1996 to 2001
Member of the Board of Directors of St. Joseph’s Health Care, 1995 to 2001
Member of the Board of Directors of St. Joseph’s Health Care Foundation, 1988 to 1996
London Health Sciences Centre, London:
Member of Joint Committee, 2001
Chair of Emergency Services Task Force, 1998
Alzheimer Society of London and Middlesex:
Former Member of the Board of Directors, 1981 to 1985
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.