Brian G. Sunohara

Brian Sunohara is a partner at Rogers Partners LLP and has been with the firm since 2003. Brian handles a wide variety of civil litigation matters, including occupiers’ liability, product liability, motor vehicle accident claims, and property claims, including claims arising from fires, water damage, structural damage, and environmental contamination.

With a diverse practice, Brian represents insurers, manufacturers, distributors, retailers, construction companies and contractors, HVAC companies, fuel suppliers, property owners and managers, condominium corporations, maintenance companies, security guards, transportation companies, government institutions, and others.

When a matter cannot be settled, Brian has extensive experience in the courtroom and vigourously advances his clients’ interests. He has appeared before the Court of Appeal for Ontario and the Ontario Superior Court of Justice on many occasions. He has been lead counsel in several trials, administrative tribunal proceedings, private arbitrations, and appeals.

As editor of the firm’s newsletter and the partner responsible for overseeing continuing professional development at the firm, Brian keeps updated on the latest developments in the law. He regularly writes articles and has been published several times. He is a co-author of a chapter in a text addressing the Rules of Civil Procedure. Brian has also been a member of task forces of The Advocates’ Society dealing with changes to the Rules of Civil Procedure and refusals motions.

Brian has been invited to speak at various continuing professional development programs. He has presented at The Advocates’ Society’s Tricks of the Trade conference on “Surveillance and Social Media Evidence at Trial” and on “Lessons on Trial Practice”. He was part of a panel called “Production Across Practice Areas: Perspectives from the Experts” in a program by The Advocates’ Society on documentary evidence. He also spoke at the Middlesex Law Association’s Straight From The Bench Conference on “Mechanics of a Post-COVID Trial”.

Brian is named in The Best Lawyers in Canada in the areas of Insurance Law and Personal Injury Litigation.

Brian’s court and tribunal appearances include:

• Counsel for police force in trial involving alleged breach of Charter rights and motor vehicle accident negligence. Plaintiff’s action dismissed by trial judge.
• Counsel for defendant marble supplier in product liability trial involving personal injury. Jury awarded less than 10% of defendant’s offer to settle and less than 3% of plaintiffs’ offer to settle.
• Counsel for defendant driver and taxi company in automobile accident trial. Jury awarded less than 10% of plaintiffs’ offer to settle.
• Counsel for oil tank manufacturer in product liability trial involving property loss and environmental damage. Client entered into Pierringer Agreement one week after commencement of trial.
• Counsel for truck owner in trial involving liability over automobile accident. Settlement reached after completion of evidence and prior to judgment.
• Counsel for HVAC company at Ontario Court of Appeal and in Supreme Court of Canada leave to appeal application in property damage claim.
• Counsel for defendant driver at Ontario Court of Appeal in case addressing surveillance and social media evidence at trial.
• Counsel for defendant driver and employer at Ontario Court of Appeal in dispute over deduction of collateral benefits.
• Counsel in seven summary judgment motions at Ontario Superior Court of Justice, representing insurers, automobile driver, commercial landlords, HVAC company, and fitness equipment manufacturer.
• Counsel for condominium corporation in application hearing at Ontario Superior Court of Justice wherein unit owners sought oppression remedy arising from water damage.
• Counsel for insurer in application hearing at Ontario Superior Court of Justice involving alleged breach of settlement agreement.
• Counsel for insurer in appeal at Ontario Superior Court of Justice regarding loss transfer dispute.
• Counsel in seven hearings at Ontario Workplace Safety and Insurance Appeals Tribunal.
• Counsel for oil tank manufacturer in hearing at Environmental Review Tribunal.
• Counsel for insurer in arbitration and appeal at Financial Services Commission of Ontario regarding interaction between statutory accident benefits and WSIB benefits.
• Counsel in four arbitrations involving loss transfer or priority disputes.