News | Ferguson Barristers

By: Mathers Shelagh M  09-12-2011
Keywords: Lawyer

Category Archives: News

Posted by Patrick Sloan | Posted on Nov 15, 2011

, and have reached the halfway mark in their efforts to support the campaign.

The Ferguson Barristers LLP team have been raising funds and awareness for Prostate Cancer Canada for the past two weeks by forgoing their morning shave in favour of letting their moustaches (more affectionately known as “Mos”) grow.

Members of the Midland community, as well as the legal community have come forward with generous donations to sponsor the team in their endeavour.

Team Ferguson Barristers LLP has set a fundraising goal of $1000.00 and has currently  raised $535.00.  With two weeks left, there is still time for the team of legal “Mo Bros” to reach their goal before November 30th.

If you would like to support our team, or get in on the “growing” support for this cause you can follow these links:

Funds raised go to programs run directly by Movember and Prostate Cancer Canada.

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Posted by Sheila Minnie | Posted on Nov 9, 2011

Mark Baker and Patrick Sloan will be representing Ferguson Barristers this year at the

scheduled for next Friday afternoon, November 18th, 2011 in Toronto.  The program is designed to give law students and recently called lawyers the opportunity to learn more about practicing law in smaller firms and  smaller communities in Ontario.

Mark will be a member of the Panel which begins the afternoon with a discussion about how to find and create opportunities in smaller firms and communities.  Following this discussion, participants will attend various workshops, attend the Career Fair and then attend a Networking Reception.

Potential Workshops include:

  • Life in a Small Firm or Small Community
  • Joining And/Or Taking Over An Established Practice
  • Women Lawyers in Private Practice
  • Living & Working in Northern Ontario
  • Living and Practising Law in a French Speaking Community

The final Agenda for the Workshops is scheduled to be posted on the Facebook page.

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Posted by Patrick Sloan | Posted on Nov 4, 2011

The Movember movement encourages men and women across the globe to join together to raise funds and awareness for men’s health issues.  For 30 days, men grow a moustache (or Mo) to become billboards for the cause.  Women can engage in the cause by supporting their “Mo Bros” and organizing events.

With this being our first year participating in the campaign, we are looking forward to receiving the support of both the local and legal communities as we “let it all grow” for a great cause.

Funds raised go to programs run directly by Movember and Prostate Cancer Canada.

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Posted by Michael Laplante | Posted on Jul 25, 2011

Recently, Ontario’s Injury Lawyers collaborated with David J.Bilinsky to create a post for the Ontario Injury Lawyer Blog. David’s perspectives with regard to online privacy and how your use of social media could potentially impact your personal injury lawsuit are shared in his examination of the Leduc v. Roman case decision.

David J. Bilinsky is a Practice Management Consultant/Advisor for the Law Society of British Columbia. He is a Fellow of the College of Law Practice Management and past Editor-in-Chief of ABA’s Law Practice Magazine.  He is now in his 2nd quarter century of practising law.

Dave’s mission in life is to empower lawyers to anticipate the changes, realize the opportunities, face the challenges and embrace the expanding possibilities of the application of practice management concepts to the practice of law in innovative ways that provide service excellence.

Dave is the founder and current Chair of the Pacific Legal Technology Conference and a past Co-Chair of ABA TECHSHOW.

Dave’s consulting services focus on enhancing law firm profitability, strategic business planning, change management and the application of technology to the practice of law. Dave has been called upon from Shanghai to New York City, from the Yukon to deep in the heart of Argentina by law firms and legal associations to address personal productivity, change management, technology implementation, career satisfaction and leadership development.

Dave is a prolific writer on practice management and writes regularly for many publications in the USA and Canada. His articles have been reprinted across the globe and translated into several languages including French, Mandarin, Spanish and Portuguese.

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Posted by Mark Baker | Posted on Jun 15, 2011

As originally posted in The Midland Free Press
Article by Sharon Weatherall

Last week Nahanni Born – administrator for Huronia Museum, announced that an insurance settlement has been reached regarding the May 2007 fire at the Huron Ouendat Village and the timing couldn’t be more perfect. The blaze destroyed a portion of the facility including much of the protective palisade and negatively impacted operations and programming.

“Reaching a settlement means that four years of trying to figure out what we will be doing with the village has ended -the waiting is over,” said Born.

“We can now move ahead to rebuild and improve the facility which has been operating at partial capacity since a few weeks after the fire. The timing if the settlement at the beginning of our tourist season is perfect because it brings the village into the forefront of news.”

Born says there have been some pretty big smiles on the faces of staff since the announcement of the settlement and at Huronia Museum would like to acknowledge the expert handling of the case by its lawyer, Mark Baker LLB, and the generous support of Ferguson Barristers of Midland, Ontario.

“The museum’s board of directors and staff now look forward to future development in the Huron Ouendat Village. Next there will be a special meeting with the board to go through the settlement in detail and look at the village recovery. What will happen next as far as work on the village will be discussed at the upcoming meeting,” said Born.

Huronia Museum would also like to thank the community for quick and ongoing support following the May 8, 2007 blaze, which enabled the village to begin functioning in a partial capacity just three weeks after the fire and continue to do so.

“We are very thankful to anyone who donated toward the village recovery project which included hauling cedar poles to replace the palisade shortly after the fire so the village could be enclosed, protected and operational. The community has been very supportive and we appreciate their patience,” said Born.

Time spent sorting out the legal details has been stressful not only for those dealing with the insurance settlement but on the museum itself having lost so much in artefacts and operating space.

“The fire impacted not only operations but educational and summer camp programming and it caused a huge stress on space because we kept collecting and carried on with what we had to continue operations and programs. It was very hard because we lost a lot of artefacts and replica artefacts used to interpretive purposes in the village,” said Born.

“Also there was an area in the village for maintenance and repair that was gone so all this had to move inside the museum and it’s been a tight squeeze. It created a huge stress on the museum having lost so much. History does not stop -we have to keep collecting the old stuff because that is our job but so much space is needed to do it. Now that the village will be fully functional again it will be much easier for everyone.”

The Huron Ouendat Village was founded by W. Wilfried Jury together with the archaeologist William J. Wittemberg and completed in 1956. Since that time it has become a major tourist attraction drawing thousands of people each year to the North Simcoe area. The village continues to be valuable teaching tool for school children across the province with quality educational programs. The village demonstrates how the Huron lived before the arrival of the first European settlers focusing on their lodgings, food and simple but productive ways of life.

With the recovery plan rolling into action in coming weeks, the Ouendat Village will only improve as a top tourist attraction with excellent educational programming to promote the impressive native history of the area.

Huronia Museum is located 549 Little Lake Park Road in Midland. For information please visit the web site: or call 705.526.2844.

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Posted by Michael Laplante | Posted on May 18, 2011

Law Society of Upper Canada Medal

The following post written by Glenn Kauh, comes from Legal Feeds, the blog of Canadian Lawyer and Law Times.

This year’s Law Society Medal honourees are Roderic Ferguson, Alfred Mamo, David  Nahwegahbow, Cynthia Petersen, Carol Shamess, and Ronald Slaght.

Ferguson of Midland, Ont., is a personal injury lawyer and civil litigation specialist who has worked in rural areas for more than 35 years.

Mamo, meanwhile, has long been involved in the issue of family law reform in Ontario. In 2007, the London, Ont., lawyer, who practises at McKenzie Lake Lawyers, led a team of experts commissioned by the Ministry of the Attorney General in an evaluation of the province’s Family Court.

Nahwegahbow has had a long career providing legal services to First Nations communities. Nahwegahbow, who was among the first Aboriginal lawyers in Canada, was also instrumental in the creation of the Indigenous Bar Association.

Petersen of Toronto is known for advancing the equality rights of lesbian, gay, bisexual, and transgender people through her legal work. She serves as the law society’s discrimination and harassment counsel and practices at Sack Goldblatt Mitchell LLP.

Shamess of Sault Ste Marie, Ont., is receiving recognition as an accomplished lawyer and dedicated community leader. She has devoted many volunteer hours in her community by working with Algoma Family Services, the Big Sisters Association, the Children’s Aid Society, Women in Crisis, and the United Way where, in 1990, she was named volunteer of the year.

The law society credits Slaght,  of Lenczner Slaght, with leading the profession in the re-establishment of civility. An Advocates’ Society president between 2000 and 2001, Slaght’s efforts led to the development of principles of civility for advocates. In 2010, he received The Advocates’ Society Medal.

In addition, the law society awarded the Lincoln Alexander Award to Hamilton, Ont., personal injury lawyer Stanley Tick. The award recognizes an Ontario lawyer who has demonstrated a commitment to the public and their well being through community service.

This year, the Laura Legge Award, which recognizes woman lawyers from Ontario who have exemplified leadership within the profession, goes to Fay Brunning of the Ottawa office of SGM.

Recipients will be presented with their awards at a Law Society of Upper Canada ceremony on May 25.

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Posted by Rod Ferguson | Posted on May 4, 2011

In this post, Rod Ferguson, Ontario Injury Lawyer and Certified Specialist in Civil Litigation shares an account of a notable product liability suit.

When you pick up a tasty chocolate bar while waiting in line at the grocery store, most of us don’t give much consideration to the packaging. We take for granted that the contents in that sealed package will be exactly the little indulgence we’re looking for during a long day. What you may not know, is that it wasn’t always this way.

One day, our senior partner purchased a chocolate bar. Like many, his thoughts were more likely about enjoying a chocolaty treat. In those days many chocolate bars were packaged quite simply with a folded foil wrapping slid into a paper sleeve. The packaging was not sealed.
Imagine the shock and utter disgust our partner experienced upon discovering with the first bite, that the delicious bar was contaminated with maggots. So much for the enjoyment of the chocolate bar.

Inadequate Packaging Basis for Ontario Product Liability Lawsuit

We decided to try and do something to have this plainly inadequate packaging corrected and commenced a

against the manufacturer. When the manufacturer was presented with the evidence, the case settled for several thousand dollars. Readers will recall that chocolate bars now come in a sealed pouch-like package not open to access by insects, ensuring your snack stays enjoyable. 

Product Liability Lawsuits in Ontario Result in Corrective Action

The corrective action taken by the manufacturer to improve the packaging goes to show the power of Ontario tort law to effect change and protect the health and safety of consumers.

Here is where our story reaches its amusing conclusion. Our partner chose not to keep the proceeds of the successful suit. Coincidentally, he had found the original of a caricature portrait of Supreme Court Justice Gerald Ledain, who had been dean when our senior partner was at Osgoode Hall Law School, and used the proceeds of the litigation to purchase the portrait.

The portrait now is on permanent display outside the current dean’s office at the law school. What better way to say thanks to the law, than such a decoration for a law school!

Our lawyers can answer any questions you may have about your own product liability, civil litigation or personal injury claim.

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Posted by Rachel Leck | Posted on Apr 28, 2011

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Posted by MHC | Posted on Mar 14, 2011

When Rod was in law school, he used to joke that he was going to practice law from a Winnebago, travelling around to under-served areas that were in need of a litigation lawyer. After articling in Toronto, Rod did his research and found Midland, on the southern shores of Georgian Bay, to be one of the many geographic areas that was under-served in terms of litigation lawyers. He joined with Gordon Teskey (later the Honorouble Mr. Justice Teskey of the Tax Court of Canada) and grew a busy and well-known litigation practice.

His wife Fran’s family was from North Bay, and on family visits Rod started meeting clients in their local lawyer’s office, anywhere between Midland and North Bay, when they needed a litigation lawyer. One of Rod’s classmates called it his “trapline,” an image that influenced the distinctive log cabin design of the firm’s main office in Midland.

Rod Ferguson has been recognized for his contributions to the legal profession by the Law Society of Upper Canada as a recipient of the Bicentennial Award of Merit. Rod was also in the past elected by his peers as Bencher to the Law Society of Upper Canada, a Director to the Advocates’ Society, and the Council and Executive of the Canadian Bar Association and its Ontario branch. His accomplishments have established a solid foundation and positive reputation for the firm locally and within the Canadian legal community.

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Posted by admin | Posted on Jan 31, 2011

Personal injury lawyers are regularly asked to provide advice on the compensation rights of clients who have been injured in motor vehicle accidents while on the job.

Clients are often surprised to learn that a worker injured in a motor vehicle accident in Ontario may be barred from claiming both statutory accident benefits from their own insurer and bringing a claim for tort damages, because the Workplace Safety and Insurance Act (WSIA) governs entitlement to benefits for workers. Even when a worker is able to elect benefits under the Statutory Accident Benefits Scedule (SABS), there are restrictions to those benefits. Advising clients on the best course of action has been further complicated with the introduction of the new SABS regime on Sept.1,2010.

Under s.59of the SABS, an insurer is not required to pay benefits where the insured person is entitled, as a result of that accident, to receive benefits under any worker’s compensation plan. An injured victim can opt out of workplace benefits, but only if the election is not made primarily to claim SABS benefits.

One of the main reasons an injured worker would choose to opt out of WSIA benefits is because he or she wishes to pursue a tort action. The SABS does not seem to require the insured to actually commence a tort action to receive or continue to receive benefits under the SABS.

As usual, there are many things to consider, when deciding whether to pursue litigation, that have nothing to do with the actual right to bring an action.

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The information in this article was current at 06 Dec 2011

Keywords: Lawyer

Contact Mathers Shelagh M

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