This evidence-based 2026 ranking weighs Toronto-area birth injury lawyers' practice focus and published results, while also considering client reviews and professional standing.
Our featured firm in Toronto is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. A published $14 million birth injury result helps put Neinstein Personal Injury Lawyers first on this list, with clients also reporting regular updates. Find out who would handle your child's claim and how fees work before you call. Also check if you're nearing a limitation period. Read the Ontario malpractice guide for the rules, including those for minors.
Jeremy Syrtash leads the medical malpractice litigation practice at Diamond & Diamond Lawyers LLP. He earned a BA from Yeshiva University (2010) and a JD from the University of Ottawa (2013), was called to the Bar of Ontario in 2014, and has acted as counsel and co-counsel in medical malpractice cases across Canada, many involving pediatric and obstetrical negligence.
Called to the Bar of Ontario, 2014 · JD, University of Ottawa · Best Lawyers: Ones to Watch in Canada, Health Care Law (2024 to 2027)
4.8592 Google reviewsRated 4.8 out of 5 on Google from 592 reviews
Best for: Families seeking published birth injury results
Neinstein Personal Injury Lawyers reports a $14 million result in a case where medical negligence caused a birth injury. That result helps put it first on this list; other published medical negligence outcomes involving brain injury support that position, too. You'll find HIE and cerebral palsy on its site.
Stood out in our review for the results it publishes and the recognition it has earned.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.816 Google reviewsRated 4.8 out of 5 on Google from 16 reviews
Best for: Birth injury trial experience
Paul Cahill - Medical Malpractice Lawyer lists an $11.5 million jury verdict involving a child who was born with cerebral palsy. Much of the practice's work is in medical negligence cases. You'll find birth injury and HIE on the site, alongside Erb's palsy.
Stood out in our review for the recognition it has earned and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
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4.8300 Google reviewsRated 4.8 out of 5 on Google from 300 reviews
Best for: Families valuing a long-established firm
Since its founding in 1935, Thomson Rogers LLP has had a long operating history. Its site says the successful medical malpractice lawsuit was upheld on appeal in Denman v. Radovanovic, 2024 ONCA 276. That result concerns malpractice.
Stood out in our review for its years of experience and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.8349 Google reviewsRated 4.8 out of 5 on Google from 349 reviews
Best for: Families prioritising supportive communication
Clients reviewing Howie, Sacks & Henry LLP repeatedly mention patient explanations and supportive service. If your family is trying to understand a birth injury claim, those reviews give you a useful reason to consider the Toronto firm. It dates back to 2000.
Stood out in our review for the recognition it has earned and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Where they are in Toronto
What clients say about these Toronto lawyers
Google reviews of the firms on our lists, quoted as their clients wrote them and linked to where they were posted. We don't write, edit or pick reviews for pay.
Z
Zoha
July 2026 · Toronto, Ontario
“I want to formally express my deepest gratitude to Michelle Kudlats and the team at Neinstein Personal Injury Lawyers for their incredible support. As a young pedestrian who survived a motor vehicle accident, I was terrified and dealing with a situation I had never faced before. I was frantic, confused, and had no...”
“⭐⭐⭐⭐⭐
I cannot recommend Jennifer Ilton and Yoni Silberman of Bogoroch & Associates LLP highly enough.
After our serious motor vehicle collision on Highway 400 North in November 2023, they stood by us every step of the way. They fought diligently to protect our insurance rights while also providing something just...”
“I am grateful for the help I received from the Iacobelli Law firm. Being self-employed there was definite financial fallout from my injury, but I was also reluctant to pursue the litigation process. Colton, the lawyer assigned to my case, explained the process well and put me at ease. His estimated timelines...”
When you speak with the lawyer, explain when you knew, or reasonably ought to have known, about the injury and the provider's part in it. Include when you knew a lawsuit was appropriate. Once you've discovered the claim, Ontario's Limitations Act generally gives you two years to start it. Ask a lawyer to assess those dates.
Check the child's limitation period
If a child under 18 has no litigation guardian for the claim, the two-year period doesn't run. When a claim arises in those circumstances, the 15-year ultimate period is suspended too (Wong v. Lui, 2023 ONCA 272). To understand what that means for your child, ask the lawyer.
Start the claim
If you're claiming against a doctor, nurse or hospital in Ontario, you don't have to give pre-suit notice. To start the claim, you don't need an affidavit or certificate of merit either. Before assuming you must finish a hospital complaint, talk to the lawyer about filing the claim.
Serve medical opinions
To meet the court's rules, expert reports on the standard of care and causation must be served. By addressing what care the provider should have given, these reports help explain whether a departure from that care caused or contributed to the injury. Before the reports are arranged, ask who'll handle them and pay.
Assess losses and discuss next steps
If your child will need future care or has lost income, discuss that. Economic losses aren't subject to a statutory cap in Ontario. Because a judge-made national cap limits non-pecuniary damages, such as pain and suffering, ask the lawyer what that means for the claim, including what comes next.
Malpractice claims in Toronto: the rules that matter
The filing deadline in Ontario
The clock startsWhen you found out, or should have
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most15 yearsafter the treatment, with a few exceptions
Limits on damages in Ontario
Pain and sufferingCapped at about $484,330
All damages togetherNo overall cap
Expert paperworkNo affidavit or certificate of merit is required to start a claim.
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
If you recover money, several firms on this list take a share as their contingency fee, but they don't charge a legal fee if the claim fails. You'll pay costs separately. For records, you'll need to ask who advances the money, and whether you'd owe it if nothing is recovered; ask the same about medical opinions and court fees. Those expenses aren't necessarily covered by the contingency arrangement. Ask how the firm calculates the lawyer's share before you sign, including what deductions it may take from a recovery. If the written agreement isn't clear, ask the firm to explain it.
Nine of the ten firms say consultations are free, and six say they offer contingency fee arrangements.
What to bring to your first call
Delivery notes, along with medical records you already have
When the birth and treatment happened, and when concerns first arose
Who provided the health care, including the hospital's name
What happened, written as a brief timeline
Bills or receipts you have for the injury or care
What the hospital or insurer has sent you by letter or email
Photos that could help show what the injury looks like
Documents you have appointing a litigation guardian for the child
Questions to ask a lawyer
1When you've handled birth injury claims, have any resembled ours?
2If we call, who answers, and who handles our file?
3Given our family's situation, what is Ontario's limitation period here?
4When reviewing the care, how would you assess whether it caused or contributed to the injury?
5When medical reports are needed, who arranges and pays for them?
6What goes into calculating your contingency fee?
7If the claim fails, which expenses could we still owe?
8Before deciding whether to take the case, what would you need us to provide?
Choose the lawyer who will handle the claim
Your child's circumstances should guide you, not just the ranking. Although a published cerebral palsy verdict may be relevant to your enquiry, it can't establish what happened during your child's delivery. Find out who would review those medical records. Because several firms here handle other injury claims or unrelated legal work alongside birth injury, also ask who would remain responsible for your file.
When you ask which birth injury matters the proposed lawyer has handled, check whether they can discuss published results without revealing confidential information.
Ask how the team would assess whether an act or omission caused the injury, as well as the standard of care.
When nothing new has happened, ask who'll answer your questions and how you'll get updates.
Have them confirm where you would meet. Alongside offices in North York and Richmond Hill, this list includes Gluckstein Lawyers' Ottawa office; the firm also has a Toronto location.
Clarify the consultation and fee agreement
A free consultation gives you a first conversation. Even if that conversation is free, the firm might not accept your claim or offer later work free. Before the meeting starts, ask what's included in it. If you're discussing a contingency arrangement, get the lawyer to explain in writing how the result affects payment, including how they'll calculate the fee. Ask about expenses and how they'd be treated, too. Because some firms haven't said whether they offer contingency fees, don't assume everyone on this list uses the same terms.
Ask an Ontario lawyer how these rules would apply to your family. This gives general information, not legal advice. Starting a claim in Ontario doesn't require an affidavit or certificate of merit. In practice, though, the court's rules require you to serve expert reports on the standard of care and causation. Have the firm explain how it would approach that review.
If someone promises a particular outcome, be wary. Don't rush past unclear fee explanations, either. A rating isn't proof of birth injury experience; when reading negative reviews, look for specific concerns such as missed follow-up. When a firm declines your enquiry, promptly ask whether it has checked for any approaching deadline.
Questions people ask
Which firm leads this Toronto birth injury lawyer list?
A $14 million birth injury result published on its site helps put Neinstein Personal Injury Lawyers first here, along with substantial client feedback about communication and support. Then comes Paul Cahill - Medical Malpractice Lawyer. Its published jury verdict concerned cerebral palsy and totalled $11.5 million. Because past results can't predict your child's outcome, ask who the lawyer handling the claim would be.
How long do I have to start a birth injury claim in Ontario?
Ontario's basic limitation period starts at discovery and lasts two years. Discovery depends on knowing about the injury and the provider's contribution, including whether a lawsuit was appropriate. While a claimant is under 18 and has no litigation guardian for the claim, the two-year clock doesn't run; the 15-year ultimate period also has a rule suspending it for minors in that circumstance. Ask an Ontario lawyer to assess your family's dates.
Do I need an expert report before starting a claim?
You can start a claim in Ontario without an affidavit or certificate of merit. In practice, the court's rules require you to serve expert reports addressing the standard of care and causation. Have the firm explain how it'd assess those issues. Because a birth injury page on the firm's site doesn't show how it would evaluate your child's particular care, discuss how it would arrange those reports too.
Do the firms on this list offer free consultations and contingency fees?
Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP are among those that do. Some firms list free consultations without stating contingency terms; neither appears in Paul Cahill - Medical Malpractice Lawyer's profile. Before booking, confirm both. Before agreeing to representation, ask what's covered in the consultation and get a written explanation of the fees and expenses.
Is there a limit on damages in an Ontario birth injury claim?
Although economic losses such as lost income or future care have no statutory cap, the national judge-made trilogy cap applies to non-pecuniary damages. You can't tell what another family could recover from a firm's published result. Ask an Ontario lawyer which losses may be relevant to your child's circumstances, then have them explain how the applicable limits affect the claim.
Must I give the hospital notice before starting a lawsuit?
Before starting a malpractice claim against a hospital, doctor or nurse in Ontario, you don't have to give pre-suit notice. Filing has its own deadline. Even if you write to the hospital, you still need to start the lawsuit by filing a claim. Because this is general information rather than legal advice, ask an Ontario lawyer how the rules apply to your situation.
Which listed firms include cerebral palsy among their practice areas?
If you're looking at cerebral palsy claims, Neinstein Personal Injury Lawyers and Thomson Rogers LLP both list that practice area. You'll also find it listed by Howie, Sacks & Henry LLP, Bergel Magence LLP and VC Lawyers. You can use those listings to choose whom to call. Before going further, ask about the lawyer's experience with circumstances like your child's, including how they'd assess whether the care might be connected to the injury.
Which firms on the list handle HIE enquiries?
For HIE and hospital negligence enquiries, the list includes Bogoroch & Associates LLP. If you're looking for HIE practice areas, you'll also find listings from Neinstein Personal Injury Lawyers, Paul Cahill, Howie, Sacks & Henry LLP and Gluckstein Lawyers. Diamond & Diamond Lawyers LLP lists HIE too, as does VC Lawyers. When you first call, ask how the firm would assess causation, including who would review the delivery records.
How should I use the Google ratings when choosing whom to call?
When you read a rating, check the review count; it doesn't predict your claim's outcome. With 210 reviews, Bogoroch & Associates LLP has a 4.9 rating, while Neinstein Personal Injury Lawyers has a 4.8 rating based on 592 reviews. To find out how either firm would assess your child's records, you can't rely on those numbers. Before choosing, ask who would actually work on your file, including their relevant cases.
What should I discuss with a lawyer about my child's future care?
When you speak with the lawyer, describe your child's current care and bring any records or bills you have for it. Because future care falls within economic losses, it isn't subject to a statutory cap in Ontario. Your claim's value isn't established by that. To assess future care, what information would the lawyer need, and how would medical opinions support that part of the claim? Ask them.
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Jeremy Syrtash
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