David Himelfarb is an award winning personal injury lawyer and litigator with twenty-plus years of experience in the personal injury and insurance claim industry. As the longstanding market leader in personal injury, Mr. Himelfarb provides advice on a full range of legal matters, with a core-focus in personal injury law and civil litigation.
Himelfarb Proszanski has a combined 100 years of personal injury experience. Mr. Himelfarb is head of the Litigation practice at Himelfarb Proszanski and leads an experienced team of specialized lawyers and support staff who have a proven track record of success supported by a long list of awards won on behalf of their clients. Mr. Himelfarb is the “advisor of choice” in personal injury situations.
Mr. Himelfarb has extensive experience in civil litigation, and has appeared before all levels of courts and tribunals in the Province, including the Ontario Court of Appeal as well as the Supreme Court of Canada. Many of his cases have been reported and are currently being utilized as precedents in the legal community.
Mr. Himelfarb received his LLB from the University of Windsor in 1987 and was called to the Bar of Ontario in 1989. He is a member of the Advocate's Society, Toronto Lawyer's Association, Canadian Bar Association, Ontario Trial Lawyers Association and the Ontario Branch of the Canadian Bar Association.
Reported Cases - Where David Himelfarb was Counsel
Mr. Himelfarb has been involved as counsel in numerous matters and many of his cases have been reported. Some of them are set out below:
Saharkhiz v. Underwriters, Members of Lloyd's London, (2000), 49 O.R. (3d) 255 (Ont. C.A.) and (1999), 46 O.R. (3d) 154 (Ont. S.C.J.), affirmed
The Court of Appeal upheld the motion judge confirming that our client, a taxi driver, who was terribly beaten while arguing over the fare, suffered catastrophic injuries in an "accident" as defined by the Statutory Accident Benefits Schedule.
941807 Ontario Ltd. v. Lennox Drum Ltd., 2003 CanLII 31888 (ON SC) and 180 OAC 95 (Ont. Div. Ct.)
Punitive damages awarded to our client arising out of bad faith in the execution of a commercial transaction. The Divisional Court upheld the trial judge's decision in favour of our client.
Salvador v. Mather, 41 O.R. (3d) 289, 37 C.P.C. (5th) 214 (Ont. Div. Ct.)
The Divisional Court granted our client the authority to set aside an order that she consented to dismissing her action that was obtained while she was represented by another lawyer. Mr. Himelfarb argued successfully that the client could not have legally understood that she had a valid cause of action at the time her previous lawyer agreed to abandon the case. Accordingly, the client was permitted to set aside the dismissal order and proceed with her case for compensation.
Subramanian v. Shetler, 2002, 61 O.R. (3d) 136 (Ont. Div. Ct.)
The Divisional Court refused the appeal of the Defendants who were ordered to enter defences in Ontario and enure to the jurisdiction of the Ontario Courts, when they were American and the accident occurred in America. The court in Ontario was convinced that the balance of convenience favoured our client's jurisdiction.
Whiting v. Menu Foods Operating Limited Partnership, 2007 CanLII 43903 (ON SC)
In this class action case, Mr. Himelfarb's legal team was granted class counsel status, permitting and authorizing them to proceed and eventually settle this well known class action involving tainted pet foods.
New Generation Drywall Inc. v. Ontario (Minister of Finance),  O.J. No. 465 (S.C.J.)
Our client was successful at trial in a taxation case that had precedent ramifications for the drywall and acoustic ceiling tile industry in Ontario. The court adopted Mr. Himelfarb's argument that residential drywall workers were not employees for the purpose of deducting and withholding Employers' Health Tax.
Decision No. 410/10, 2010 ONWSIAT 631, (Workplace Safety Insurance Appeals Tribunal)
In this decision, Mr. Himelfarb won his client loss of earning benefits retroactive to 1991, for a sum of approximately $700,000.00.
Richard P. Quance, of the Firm has over 20 years of experience in various matters involving commercial and civil litigation. Mr. Quance has prosecuted, defended and negotiated many matters respecting civil, commercial, personal injury and insurance claims. He has appeared in Trial Courts, Appeal Courts and before numerous Administrative Tribunals in proceedings involving complex civil and commercial matters.
Mr. Quance, along with others on our litigation team, respects the need to formulate a strategy early on to meet the needs of clients, whether through negotiation or litigation.
Mr. Quance was called to the Ontario Bar in 1979 and is a member of the Law Society of Upper Canada, the Advocates Society, the Canadian Bar Association and the Association of Trial Lawyers of America.
The goal of Mr. Quance and our firm in all civil and commercial disputes is to attempt to achieve an early resolution and maximize the clients’ recovery.
Mr. Sieger has been practicing personal injury since 1994. His areas of expertise include motor vehicle accidents, slip and fall accidents, disability claims (long-term, Canada Pension Plan), product liability and property losses.
When it comes to dealing with insurance companies and government agencies, Steven is there for you. He assists individuals who have suffered significant injuries, or have lost a loved one, with understanding, care and compassion.
Mr. Sieger graduated from Osgoode Hall Law School and was called to the bar in 1996. He is a proud member of the Ontario Trial Lawyer’s Association, an organization dedicated to protecting the rights of injured individuals.
Katherine A. Badenoch
Katherine graduated from Queen's University with an Honours Bachelor of Arts degree in political studies. She then attended Osgoode Hall Law School, graduating in 1999. She was admitted to the Law Society of Upper Canada in 2001.
Katherine spent much of her career specializing in litigation and insurance law, and practiced with a prominent insurance defence firm in downtown Toronto. Her practice is now focussed on all manner of personal injury cases, including complex motor vehicle and accident benefits claims, occupier's and municipal liability claims, product liability claims, and disability litigation.
Her clients benefit from the wealth of experience she gained while representing insurance companies throughout her career, and this background has provided her with a unique perspective.
Katherine has extensive experience as an advocate, including trial experience. She is a member of the Toronto Lawyers Association; the Advocates' Society; the Canadian Bar Association; and, the Ontario Bar Association.
In her spare time Katherine enjoys skiing, rowing, travelling and most of all, spending time with her family and friends.
Monica Chakravarti is a member of the litigation team and has extensive experience in personal injury, medical malpractice, motor vehicle accidents and insurance related claims. Monica has successfully appeared before many levels of Courts and Tribunals and represents her client with zeal and compassion. Since Monica’s call to the Bar she has practiced exclusively in litigation.
Monica is a skillful litigator whose approach focuses on obtaining results that the client needs to pursue a quality of life for themselves and their families.
Monica obtained her law degree from Queen’s University in 2001 and was called to the Bar in 2002. She is a proud member of the Ontario Trial Lawyer’s Association, the Advocates Society and the South Asian Bar Association. She is bilingual and is fluent in English and Hindi.
Rosa Firsten is a member of the litigation department specializing in personal injury, wrongful death, disability insurance and motor vehicle accident litigation. She graduated from Osgoode Hall Law School and was called to the Ontario Bar in 2003 after a successful career in business. Rosa is also a Certified Mediator, receiving her accreditation from York University, Alternative Dispute Resolution Department. She is a member of the Canadian Bar Association and the Ontario Trial Lawyers Association.
In addition to her legal education and experience she has been involved with human rights, children’s disabilities and childhood cancer organizations such as United Way, Variety Village and POGO. She offers a winning approach to the legal experience, delivering positive results by blending strong advocacy with compassion, understanding and attention to your personal needs.
Alex is a litigator practicing exclusively in the area of the plaintiff personal injury law since his Call to the Ontario Bar in 2010. His cases include motor vehicle accidents, wrongful death, accident benefits, slip and fall accidents, product liability, assaults, sexual assaults, dog bites, pharmaceutical errors, and medical negligence cases.
Some of the cases that Alex worked on has been reported and commented on in the media and legal community. In 2013 he participated as a speaker at the Advanced Litigation Program organized by the Institute of Law Clerks of Ontario.
Alex regularly represents seriously injured clients in the Ontario Superior Court of Justice and Financial Services Commission of Ontario. His solid litigation skill set is built on the deep knowledge of the personal injury law, strong ethics and zealous advocacy.
Alex is a graduate of the Osgoode Hall Law School. He is a member of the Ontario Trial Lawyers Association. Alex is also fluent in Russian.
Lisa Holland joined Himelfarb Prozanski in July 2016. She has worked exclusively in the area of personal injury litigation at firms representing injured and disabled clients since she was called to the Ontario Bar in 2002. She works closely with Vietnamese, Cantonese and Mandarin speaking paralegals in representing injured persons from these communities.
Her background in the medical field and extensive work in hospitals provides her with a unique insight into the challenges of injured litigants.
Lisa received a Bachelor of Science degree with Honors in Allied Health Professions and Respiratory Therapy from Boston’s Northeastern University.
Following graduation, she worked in the critical care units in both Massachusetts General Hospital and Brigham and Women’s Hospital. Lisa earned her Law Degree from the New England School of Law in 1987 and after being called to the Massachusetts Bar, she worked in the insurance defense field.
After moving to Canada in 1989, Lisa received her Canadian law degree from the University of Ottawa. She has worked exclusively in the area of personal injury litigation, mediations, arbitrations and disability claims. She has a wide range of experience in insurance related litigation.
Daniel J Holland
Daniel J. Holland (1987) obtained his Bachelor of Laws degree from the University of Windsor in 1987. From 1987 through 2000, he practiced with the firm of Fellowes, McNeil, in Toronto.
Daniel’s practice consists of a variety of cases in the civil litigation field, with an emphasis on insurance related claims. Since joining the firm of Benson Percival Brown in October, 2000, Daniel has continued his personal injury and insurance practice.
Daniel is a member of Canadian Bar Association of Ontario, Defence Research Institute and Advocates Society. Daniel also acts as trial counsel for several other firms.