Biography
Barbara is a partner with MD Lawyers. Before practising law in London, she enjoyed a 30-year career in personal injury litigation at a well-respected downtown Toronto law firm. Barbara is a passionate advocate for individuals and families who have suffered life altering injuries. She fearlessly fights to help people achieve the best recovery they can while maintaining compassion and consideration.
Barbara is experienced in trial counsel, representing clients across the Province. She has a proven track record of successful results for clients who have suffered serious or catastrophic injuries or lost a loved one as a result of wrongdoing. She has been recognized by her peers in Lexpert, Best Lawyers in Canada, including in 2021receiving Lawyer of the Year for Medical Malpractice (London).
In 2021 Barbara received the H. Bruce T. Hillyer Award from the Ontario Trial Lawyers Association, awarded to an individual who exemplifies the spirit of fearlessly advancing the cause of individual rights by the effective use of advocacy. Most recently, Barbara was nominated for one of the Top 25 Most Influential Lawyers in Canada for 2022.
Personal Information
- An accomplished and loving mother of two young adult children
- Adores her dog Jake
- Enjoys time outdoors hiking and bicycling
- Teach and mentor - advocacy to young lawyers
Experience
Barbara has worked fearlessly representing each of her clients to achieve the best recovery for them. She is experienced in trial counsel, representing clients across the Province.
Education
Called to the Ontario Bar, 1999
LLB/JD Osgoode Hall Law School, 1998
Associations
Law Society of Ontario
Canadian Bar Association
Ontario Bar Association
Advocates’ Society
Ontario Trial Lawyers’ Association
American Association for Justice
American Bar Association
Toronto Law Association
Middlesex Law Association
Leadership in the Community
Advocate, mentor and teacher (OTLA) Ontario Trial Lawyers Association.
Community Involvement
Member of the Ontario Brain Injury Association
Supporting – My Sister’s Place – Run For Women
Conference Sponsors – Brain Injury Association London & Area Annual Conference
Publications and Speaking Engagements
Barbara is a frequent speaker at Continuing Legal Education seminars sponsored by the Ontario Trial Lawyers’ Association, the Law Society of Ontario, the Ontario Bar Association and other legal associations. Barb has been called upon to contribute to submissions to the legislature on proposed legislation. She is a former Instructor for the Law Society of Ontario Bar Admission Course and former Advisor/Consultant, Law Society of Ontario, Bar Admission Course.
SOME OF HER SPEAKING ENGAGEMENTS INCLUDE
- Osgoode Hall Law School Professional Development – Certificate in Motor Vehicle Accident Law and Practice: Experts – Drilling Down Further (April 2022) with James Mays co-presenting
- Osgoode Hall Law School Professional Development – Intensive Trial Advocacy Workshop, Guest Instructor (July 2021)
- Ontario Trial Lawyers Association – Making the Most of Expert Evidence (April 1, 2021) with Loretta Merritt co-presenting
- Ontario Trial Lawyers Association – Medical Malpractice Luncheon: Solicitor-client Privileged Documents – A Case Review (October 2020)
- American Association of Justice 2020 Annual Convention in Washington, D.C. (July, 2020) – Delayed Cancer Malpractice: Proving Your Case in Spite of the Odds
- Ontario Trial Lawyers Association – 2020 Medical Malpractice Conference, Co-Chair (February 2020), MedMal Cases – A View from the Bench (Superior Court Justices), Panel Moderator
- Ontario Bar Association: Anatomy of a Trial – A Deeper Dive into Jury Trial, Pretrial Conferences (April 2019)
- Ontario Trial Lawyers Association – Examination for Discovery of a Doctor in a Medical Malpractice Case (April 2019) with Barbara Legate co-presenting
- Osgoode Hall Law School Professional Development – Intensive Trial Advocacy Workshop, Guest Instructor (July 2019)
- Ontario Trial Lawyers Association: Jury Questions on Causation – No Explanation Needed (May 2019)
- Osgoode Hall Law School Professional Development – Intensive Trial Advocacy Workshop, Guest Instructor (since July 2018)
- The Law Society of Ontario: Best Practices in Medical Malpractice (June 2018), as a panelist speaking on Tips for Making Pleadings Useful
- Ontario Trial Lawyers Association, Annual Spring Conference: Strategies and Tactics for Medical Malpractice Trials (May 2018) as a panelist on Jury Trials
- Ontario Trial Lawyers Association, Annual Spring Conference: Strategies and Tactics for Medical Malpractice Trials (May 2018), speaking on Proving Causation and Damages in Late Diagnosis of Cancer Cases
- Ontario Trial Lawyers Association, Women Trial Lawyers Caucus: Getting to First Chair (March 2018), co-presented with Adam Wagman on Strategies for Opening and Closing Statements to a Jury
- Advocates’ Society: Tricks of the Trade 2018 (January 26, 2018) as a panelist speaking on Challenging Jurors in Civil Cases
- Ontario Trial Lawyers Association Advanced Trial Series Webinar – Part 4: Crossing the Finish Line (October 2017), co-presenting with Loretta Merritt on completing Jury Trials
- Ontario Bar Association, Health Law Litigation: Hot Topics in Medical Malpractice Litigation (October 2017), panelist
- Ontario Trial Lawyers Association Webinar – Proving Causation and Damages in Late Cancer Diagnosis Cases (July 2017), co-presenting with Jillian Evans
- Osgoode Hall Law School Professional Development – Intensive Trial Advocacy Workshop, Guest Instructor (July 2017)
- Ontario Bar Association, Health Law Section: Medical Malpractice 101 – Practical Strategies panelist (April 2016)
- Ontario Trial Lawyers Association, Medical Malpractice Annual Conference (February 2016) on Shoulder Dystocia and causes of Brachial Plexus Palsy, including birthing injuries
- Ontario Bar Association, Insurance Law Section: Understanding Back Pain (December 2015) Cross-examination of physician.
- Ontario Trial Lawyers Association, 2015 Medical Malpractice Conference (Bahamas), Causation & Cancer: How to Win the Case
- Ontario Bar Association – Health Law Institute, Case Law Update on Expert Evidence (2015), panel discussion
- Law Society of Ontario, Representing Children in Personal Injury Actions: Starting the Action – A How To Guide (2015)
- Osgoode Hall Law School Professional Development – Certificate in Health Law, Damages in Medical Malpractice Cases (2014)
- Ontario Trial Lawyers Association – Trials & Tribulations: Successful Strategies for Medical Negligence Actions – Radiology 101 (2013)
PUBLICATIONS
- “Complex Jury Trials: How to Uncomplicate the Complicated”, Litigator (2018), Barbara A. MacFarlane
- “Cancer Malpractice Cases: Proving the Die is not Cast” Litigator (2015), Barbara A. MacFarlane
- “Concurrent Criminal and Civil Cases: Making the Most of Evidence”, OTLA Litigator, Barbara A. MacFarlane and Loretta Merritt
- “Medical Malpractice Law: Intricacies of the Common Law”, Annual Review of Civil Litigation p. 489, Barbara A. MacFarlane and Marco P. Falco.
- “Trends in Shoulder Dystocia Cases: Non-negligent Causes of Brachial Plexus Palsy”, Ontario Trial Lawyers’ Association Medical Malpractice Round Table: July 2014, Barbara A. MacFarlane.
- “Full Appreciation” and A Contextual Approach to Summary Judgment Motions Ontario Bar Association – Health Matters: Health Law Section Newsletter (April 2012), Barbara A. MacFarlane.
- The Apology Act, 2009 – “Can doctors apologize?” Torkin Manes Focus. 2009; Fall: p. 3., Barbara A. MacFarlane.
- Adjuster”s Liability – “Should I Be Concerned?” Ottawa Valley Adjusters Association (2004-2005 December), Barbara A. MacFarlane.
- To Serve or Not to Serve? paper written for Durham Region Safer Bars Workshop (2002 to 2005), Barbara A. MacFarlane.
- Courts Shut Door on Examinations Under Oath, The Lawyers Weekly Vol. 19, No. 7 (June 18, 1999), Barbara A. MacFarlane.
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