Kirk is a senior partner at Lerners LLP. He has more than 35 years of experience in the areas of civil and insurance litigation.
His practice incorporates coverage and defence matters. He regularly advises insurance companies regarding sophisticated, leading-edge insurance coverage issues, including commercial general liability, D&O liability, E&O liability and specialty liability policies. He is presently advising/defending a major Canadian insurer with respect to class actions and other claims arising out of the COVID-19 Pandemic.
He also advises and represents insurance companies and their insureds in complex insurance disputes involving general and commercial liability, professional negligence and discipline, motor vehicle accidents, municipal liability and public entity defence, property damage, statutory accident benefits, personal injury, E&O liability, D&O liability and occupiers’ liability. He is presently defending a municipal client with respect to a proposed class action relating to COVID-19 related deaths in long term care homes.
Kirk has extensive trial and appellate experience. He has appeared before all levels of the courts in Ontario, as well as the Supreme Court of Canada. He also has significant experience in the defense of complex multi-party class actions.
In addition to representing clients in court, he is equally experienced with alternative dispute resolution methods, including arbitration and mediation.
Kirk is consistently recognized as a leading practitioner by notable peer and client rated directories such as the Canadian Legal Lexpert Directory in the areas of commercial insurance litigation and professional liability, and by the Best Lawyers in Canada, for insurance law and appellate practice. In 2017 Kirk was elected a Senior Fellow of the Litigation Counsel of America, and in 2018 he was the recipient of the Ontario Bar Association’s “Award for Excellence in Insurance Law”. He is a certified as a Specialist in Civil Litigation by the Law Society of Ontario.
Kirk was a member of the Rule 53 subcommittee which examined potential amendments to the Rules of Civil Procedure relating to the assessment of damages in personal injury cases. He is actively involved with the International Municipal Lawyers Association (“IMLA”), and is a frequent speaker and presenter on a wide range of insurance coverage and dispute resolution topics, including serving as co-chair of the Canadian Institute’s “Provincial/Municipal Government Liability Conference” for numerous years.