'Relentless pursuit of justice and rigorous trial preparation positions us as leaders in the field'

Top Personal Injury Boutique nod shows firm has respect of fellow lawyers: Gary Will

From defending all the way to the Supreme Court a couple whose insurance company claimed the loss of their home was arson and refused to pay, to acting for the family of a woman who sustained a catastrophic brain injury after her doctor failed to diagnosis a serious medical condition, Will Trial Lawyers’ seasoned team successfully litigates personal injury, medical malpractice, and complex class action cases.

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Greg Greenberg  00:00:06 

Hello and welcome to Canadian Lawyer TV. I'm Greg Greenberg from Key Media. And today we're speaking with Gary Will,  Founder and Managing Partner at Will Trial Lawyers Firm was recently named one of Canadian Lawyer's Top Personal Injury Boutiques. First off, congratulations, Gary, thanks very much for being here with us today. 

Gary Will  00:00:25 

Well, thanks, Greg. It's good to be with you today. And I'm very happy that my law firm has once again been honored with this prestigious, Top Personal Injury Boutique designation. There are a lot of awards and designations out there. But what makes the Canadian Lawyer Personal Injury Boutique designation so special is that voting for this distinction is by lawyers across Canada. And so it includes the defense lawyers that we go up against each and every day. And it includes the plaintiffs lawyers that we compete with for clients every day. So it is very gratifying that we've been able to earn the respect of our fellow lawyers across Canada in the process. 

Greg Greenberg  00:01:14 

Let's start at the very beginning. Gary, can you tell me about opening your firm? How did you get started? 

Gary Will  00:01:20 

Well, there's been a, an interesting evolution that led to the opening of world trial lawyers. In my early years as a lawyer, I practice with a defense insurance firm. And that was a very important experience for me, learning how insurance companies dealt with personal injury claims. So after a few years, I decided to transition my practice to a plaintiff's side practice. And I was the founding partner at will barristers, and later the founding partner and managing partner of Wills Davidson. In that capacity, I led a team of lawyers who were dedicated to fighting hard for the rights of individuals who had been injured as a result of the negligence of others within a firm that also acted on behalf of insurance companies and institutional defendants. So this year, we found it we'll try lawyers, a law firm, where each and every lawyer and every member of our staff is 100%, committed to obtaining access to justice for those who are injured through the fault or neglect of others. And I'm joined in this endeavor, by a group of elite trial lawyers, including Michael Ellis, Gordon Marsden, Bill Tavenner, and Robert Serra Divinsky, who were all focused on working on behalf of injured clients so that their losses are fully compensated. And all of their future needs are met through either a settlement or a judgment. And our firm takes immense pride in our track record of trial success, which stands as a testament to our dedication to excellence in legal advocacy. Our trials, success is consistently ranked among the top of the industry. And that's a reflection of our commitment to achieving the best possible results for our clients. And with a team of seasoned trial lawyers, we have successfully litigated numerous cases across the province and across various practice areas from personal injury to medical malpractice to complex class action litigation. And our relentless pursuit of justice and our regular rigorous trial preparation has positioned us as leaders in the field, earning the trust of clients who seek the very best legal representation. 

Greg Greenberg  00:04:05 

And we talked about dedication, let's talk about motivation. What motivates you in your work? 

Gary Will  00:04:10 

What motivates me, and frankly, every member of our team at Will Trial Lawyers is making a difference in people's lives. And you have to remember that clients come to us at the very worst time in their lives. They have suffered catastrophic losses and and they need someone to champion their costs. And in many cases, the difference between a life of despair and a life of Hope is the outcome of their case. So it's extremely gratifying knowing that through our efforts, we can provide to our clients a future where they can live indignity and withhold. So we we utilize our experience and our legal skill. In strategic ways to get a prompt and fair result for our clients, it's important to remember that every case is different and unique. And sometimes what is required is a creative approach to achieve the results that the clients are looking for. And at our firm, we evaluate every case individually. And we search out the legal solutions that will work for that client. And that's what keeps me and every member at Will Trial Lawyers team motivated to obtain justice for our clients. 

Greg Greenberg  00:05:41 

What about your trial experience? Are there any representative cases you'd like to highlight?  

Gary Will  00:05:46 

There are so many cases I could speak about. Every time I get retained by a client, they have a unique story and different challenges in obtaining justice. But I've got a few cases that I can highlight. Early on in my career, I was approached by a couple who lost their Halliburton home to a fire. That was a devastating tragedy for this family, which was then made worse when their insurance company failed to play, pay the claim alleging that my clients were arsonist. I knew that this was a plane that required speedy justice. So we moved full steam ahead and ended up in a two months jury trial. During which time we learned the degree to which this insurance company had contrived an arson defense to avoid payment of the plane. And the jury ended up exonerating our clients awarding them full damages for all of their losses, and furthermore, awarded a million dollars in punitive damages for the bad faith conduct on the part of the insurance company. This case didn't end at at the jury trial level, it ended up going all the way to the Supreme Court of Canada, where the verdict of the jury was upheld. And the case now stands as powerful precedent to insurance companies who do not treat their insurance with utmost good faith. In another case, we acted for a family of a woman who sustained a catastrophic brain injury after her doctor failed to diagnosis a serious medical condition. This woman was entirely dependent on her family for round the clock care case was vigorously defended by the Canadian Medical Protective Association and taken through a two month trial. At the end of the trial, the judge determined that the doctor was 100% to blame and awarded significant damages, which allowed our client to be looked after for the rest of her life. So that was very gratifying. In another case, we were approached by a father who had lost his 14 year old daughter as a result of taking prescription medication. This tragedy resulted in a six week coroner's inquest, where 1459 important recommendations were made to improve our healthcare system. It also led to a class action lawsuit against the direct manufacturer, which was certified and eventually resolved. We also acted for a woman who had been raped by a prisoner who escaped a minimum security correctional facility. And when we examine the facts of that case, we discovered glaring deficiencies on the part of Correctional Services of Canada. And after a highly contested three months trial, the judge found Correctional Services of Canada 100% responsible and awarded significant damages to the family. So these are just a few cases where we were able to make a significant difference in our clients lives. And in some cases, as a result of precedents that were sad, our representation has helped many other Canadians in their future cases. 

Greg Greenberg  00:09:39 

And tell us what sets your firm apart. What are the firm's core beliefs?  

Gary Will  00:09:44 

So when people come to us it's usually at the worst time of their lives, they have been injured as a result of the fault or neglect of others. Often these these individuals have significant care needs and sometimes are unable to work. as they are placed into an adversarial process where they have to fight to make sure that they received the medical care that they're entitled to, and that they're compensated for the economic losses that they sustained. And this is often confusing and stressful, and it's a lengthy process for the clients. So they they deserve guidance and, and compassion. And we at Will Trial Lawyers are there for the clients to guide them through the process. So it's important to understand what the client's goals are, and then develop a strategy to get them where they need to go within the confines of the legal system. And it's, it's up to us to ensure that we have identified the full extent of the client's future needs and to advocate on their behalf to ensure that they receive full compensation for all of their losses. And so we've been able to help 1000s of clients over the course of many years, we will fight every day to advance their case, to get the very best result, either at a trial or in a negotiated settlement. And at our firm, we're committed to ensuring the highest levels of preparedness for every case that we handle. We believe that it's thorough preparation, that's the cornerstone of successful legal representation. And that really means that from the moment we take on a case, we approach it with the mindset that it could go to trial. And our dedicated team meticulously investigates research is strategize, leaving no stone unturned to build a powerful case on behalf of our clients. And by preparing every case for trial, we not only demonstrate our commitment to securing the best possible outcome, but position ourselves from a position of strength throughout the civil litigation process. And we're fortunate that the majority of our clients come to us through word of mouth. This is something that we are very careful not to take for granted. And we attributed this to the hard work we put into ensuring that all of our clients are treated fairly, and they end up receiving the compensation that they deserve. So we fight tirelessly for justice for every client, no matter how simple or complex their case. And we offer our clients not only legal representation, but the guidance and support that they need to get through the process. And we ensure that our services are cost effective for their specific needs. A good portion of our work also comes from referrals, and CO counsel arrangements with other lawyers. And when another lawyer and trusts us with their clients, we work hard to ensure that the clients and the referring lawyers are fully satisfied. And finally, we we really care about our clients and making sure that all of their needs are looked after is our number one priority. 

Greg Greenberg  00:13:38 

And you mentioned you also act as Co-counsel, how big a differentiator is that for you? 

Gary Will  00:13:44 

It's a big differentiator. It's always gratifying when clients want to hire our firm to represent them. And sometimes these clients are referred by other lawyers who expect us to look after 100% of their clients needs. But sometimes there are other experienced lawyers out there who want to remain involved in the case and but they want to co counsel with our firm. So there are some very good lawyers who sometimes do not have a lot of trial experience. Or they're handling a complex case for the very first time or very first time. And we will trial lawyers are very open to collaborate with other lawyers in Co-counsel arrangements. So we work together with the referring lawyer to ensure that the client's needs are fully met. And in a recent case, I was called in to Co-counsel on a case that was headed to trial and an involved a man whose car was hit and a head on collision. He had sustained a mild traumatic Brain Injury which prevented him from working. And we were up against an insurance company who is well known for taking a hard line approach in motor vehicle litigation. We joined and Co-counsel with another law firm. And after a five week trial, the judge awarded damages that were eight times higher than the defendants pre trial offer. And the judge also awarded the insurance company to pay all of the trial costs, which he later assessed that 1,800,000. And the trial judge's award ultimately allowed this injured plaintiff to live a life of dignity where his future care needs would be met by the judgment. And so we receive many phone calls from lawyers across the province on large complex matters, which are headed towards a trial date. And sometimes through our involvement, we can get these cases resolved in a satisfactory manner. And if settlement is not possible, and if we have a case that we believe in, we will take it all the way through trial and through appeal, in order to ensure that the client receives the justice that they deserve. 

Greg Greenberg  00:16:28 

And finally, what else do you see as relevant to making the top 10 list? 

Gary Will  00:16:32 

When looking after our clients needs is always our number one priority. It's also important that through our efforts, we give back to our community and to our profession. And all of the lawyers to will trial lawyers believe that it's important to be involved in continuing legal education in the profession and to take leadership roles within the profession. And I've given hundreds of speeches over the course of my legal career. And since 2016, I've chaired our law firm annual CLE program. And when we started the CLE, we had less than 100 audience participants. Last year, we were able to provide 13 hours of CLE to the 700 members of the legal profession that signed up for our program. I continue to be involved in the Ontario Trial Lawyers Association as a past president, and I can continue to sit on the Board of Governors of the American Association for Justice. Other members of the will Trial Lawyers firm are also very active members of the legal profession and in their communities. And this is all with a view to making a difference and giving back to our profession and our communities.  

Greg Greenberg  00:18:05 

Gary, I've enjoyed chatting with you and learning more about Will Trial Lawyers, congratulations again on being named one of Canadian Lawyer's Top Personal Injury Boutiques. 

Gary Will  00:18:14 

Well, thank you and we at Will Trial Lawyers are so happy to have been selected for this special distinction. We don't take this honor for granted. We're going to continue to work extremely hard to ensure that our client's needs are are fully met. We we take our role as Trial Lawyers for individuals very seriously. And we will continue to represent and stand with individuals whose rights are being abused by insurance companies, corporations, or government. And we will continue to to collaborate and strategize with other lawyers to ensure that their clients receive the best possible legal advice in a way that provides access to justice for clients that have deserving cases. So thank you, Greg. 

Greg Greenberg  00:19:11 

And thanks also to our audience for joining us today. Make sure you stay tuned for more award spotlights. I'm Greg Greenberg for Canadian Lawyer TV.