D'Arcy McGoey

416.507.1806 dmcgoey@tgplawyers.com Download V-Card
D'Arcy is a founding partner of Thomas Gold Pettingill LLP.

Areas of practice & Experience

D’Arcy is an experienced trial lawyer whose practice includes representing insurers and policyholders in a wide array of BI (tort) and AB claims. D’Arcy’s success has taken place in arbitration, trial and appellate courts throughout Ontario. He attracts clients involved in disputes associated with considerable economic or reputation consequence.

D’Arcy acts frequently for insurers of rental vehicles and is well versed in the unique challenges associated with the vehicle rental industry.

Since 1995, D’Arcy has been involved in leading cases interpreting the Priority Dispute rules, the Loss Transfer Rules and the Workers’ Compensation interface provisions of the SABS and has had many leading decisions reported in these areas. D’Arcy’s other engagements by insurers are usually in the defense of BI (tort) and AB LAT claims.

D’Arcy’s extensive courtroom experience at both the Superior Court and Court of Appeal levels has been the subject matter of favourable comment from clients, opposing counsel and judges at all court levels:

  • “I would be remiss if I did not take this opportunity to thank counsel for their courtesy, professionalism and thoroughness, all of which were demonstrated through the pre-arbitration process and at the hearing. I am obliged and indebted to counsel for their efforts in those respects” (priority arbitrator).
  • “This appeal was ably argued.” (Osborne J.A. of the Ontario Court of Appeal)
  • “I thank counsel for their help. I must also mention the unrelenting civility they displayed. It was a pleasure to see and experience and a model for others. This is what it must have been like in the golden age of Ontario advocacy (Robinette, Sedgwick, Arnup, Williston, Martin, Maloney, etc.) when counsel fought hard but did not fight.” (Quinn J. of the Ontario Superior Court of Justice)
  • “I have been very fortunate to have had two very competent and courteous counsel argue this arbitration.” (Arbitrator Drew Hudson, Q.C., former Judge of the Ontario Superior Court of Justice)
  • “Thank you very much for all that you’ve done. From the first moment I spoke with you I felt very much at ease and confident in your abilities. I feel that you have given more than 100% of your effort for my case, and I cannot say thank you enough! I could not have asked for a better lawyer…”(Client)
  • “This matter has been argued in an able and helpful manner, and I am obliged to both Mr. McGoey and Mr. Brown”. (MacDonnell J. of the Ontario Superior Court of Justice).
  • “I thank counsel for their able arguments and the efficiency with which this matter was addressed” (priority arbitrator)
  • “D’Arcy is very client focussed and always provides outstanding advice and vision. His strong integrity and trustworthiness are both rare and valuable assets. A pleasure to deal with.” (John Walters, President, Hallmark Insurance Brokers).

Reported decisions

  • The Dominion of Canada General Insurance Company v. Unifund Assurance Company, 2018 ONCA 303.  Successful Court of Appeal decision interpreting s. 4 of the priority dispute regulations relating to claimant notification.
  • State Farm Mutual Automobile Insurance  Company v. TD Home & Auto Insurance Company (May 18, 2016, Arbitrator Bialkowski, affirmed December 22, 2016, 2016 ONSC 6229, Stinson J.) Successful priority decision in dispute involving brain injured claimant.  Opposing insurer ordered to pay full indemnity costs owing to acts of deflection.
  • Dominion of Canada General Insurance Company v. Intact Insurance Company, 2015 (ON SC 3689). Successful defence of priority appeal in dependency dispute. Appeal dismissed.
  • Ghazi-Hosseini v. State Farm Mutual Automobile Insurance Company (September 25, 2015, FSCO File No: A13-004378). Successfully defended FSCO arbitration for non-earner, attendant care and housekeeping/home maintenance benefits. Arbitration dismissed with costs. The Guarantee Company of North America v. ACE INA Insurance Company (October 10, 2014, Arbitrator Novick). Successful priority decision concerning “rental for more than 30 days” provisions of the SABS. Arbitration dismissed with costs.
  • Jevco Insurance Company v. Dominion of Canada General Insurance Company (September 23, 2014, Arbitrator Novick). Successful defence in loss transfer dispute. Opposing insurer had paid benefits without evidence of an “incurred expense”. Loss transfer indemnity disallowed.
  • Dominion of Canada General Insurance Company v. Intact Insurance Company (July 28, 2014, Arbitrator Novick). Successful priority decision involving dependency. Arbitrator accepts claimant is dependent upon his parents although not residing with them.
  • Dominion of Canada General Insurance Company v. Lombard Insurance Company (Ont. S.C.J., Court File No: CV-13-489627, March, 2014). Successful defence of appeal leave application after successful priority decision. Application dismissed with costs.
  • Dominion of Canada General Insurance Company v. Motor Vehicle Accident Claims Fund (March 31, 2014, Arbitrator Bialkowski). Successful priority decision. Motor Vehicle Accident Claims Fund ordered to adjust AB claim and reimburse applicant.
  • Workplace Safety and Insurance Appeals Tribunal, Decision 593/13, (ON WSIAT 743). Successful Appeals Tribunal ruling that claimant in the course of employment and prevented from bringing an action, resulting in bar to AB claim.
  • Dominion of Canada General Insurance Company v. Lombard Insurance Company et. al. (September 11, 2013, Arbitrator Bialkowski). Successful priority decision involving brain injured claimant. Arbitrator accepts that work related vehicle was being made available “at the time of the accident” although claimant out of country and not using vehicle at the time.
  • The Personal Insurance Company of Canada v. Dominion of Canada General Insurance Company (June 28, 2013, Arbitrator Novick). Successful defence of priority arbitration. Arbitrator agrees that the claimant was an “occupant” of a vehicle although not physically situate within the vehicle.
  • Motor Vehicle Accident Claims Fund v. Portage La Prairie Mutual Insurance Company (March 21, 2013, Arbitrator Novick). Successful defence of priority arbitration on grounds that the Fund did not provide timely notice of the dispute. Arbitration dismissed with costs.
  • Workplace Safety and Insurance Appeals Tribunal, Decision 1694/11 (ON WSIAT 2155). Successful Appeals Tribunal decision. Claimant found to be a “worker” although returning from a golf outing. Claimant not entitled to commence a tort action, and not entitled to accident benefits as a result.
  • Lloyd’s Underwriters v. Dominion of Canada General Insurance Company (2008), 89 O.R. (3d) 509 (Ont. S.C.J.). Successful limitation appeal in loss transfer dispute involving serious closed head injury claimant.
  • Dominion of Canada General Insurance Company v. Lloyd’s of London (May 16, 2007, Arbitrator Robinson). Successful loss transfer dispute involving over $275,000.00 in loss transfer indemnity. Successful prosecution against limitation defence.
  • Cervo v. State Farm Mutual Automobile Insurance Company (2006), 83 O.R. (3d) 205 (C.A.). Successful defence of appeal at Court of Appeal from AB dismissal. Appeal dismissed with costs.
  • Cervo v. Raimondo and State Farm Mutual Automobile Insurance Company, 2005 CanLII 14572 (ON SC). Successful motion to dismiss entirety of AB claim owing to delay.
  • Shipman v. Dominion of Canada General Insurance Company (2004), 73 O.R. (3d) 144 (C.A.). Successful Ontario Court of Appeal decision concerning uninsured motorist protection and excluded drivers.
  • Coulter v. Teskey Construction Company Ltd. 2003 CanLII 3298 (ON SC). Successful defence of 8 day tort trial. Injuries do not meet threshold. Action dismissed with costs.
  • Royal & SunAlliance Insurance Company v. Axa Insurance Company (November 21, 2003, Arbitrator Robinson). Successful loss transfer decision. Opposing insurer ordered to fully reimburse client for 100% of appropriate payments made.
  • Sandhu v. Wellington Place Apartments (September 16, 2003, ON SC). Successful defence of appeal from Order allowing defence medical examination.
  • Workplace Safety and Insurance Appeals Tribunal, Decision 725/02 (ON WSIAT, 1682). Successful Appeals Tribunal decision concerning right to bring tort action.
  • Lelis v. Peel Mutual Insurance Company (July 10, 2002, ON SC). Successful dismissal of AB action on basis of application to other insurer. Costs awarded if demanded.
  • Kingsway General Insurance Company v. Dominion of Canada General Insurance Company (January 11, 2000, ON SC). Successful defence of appeal from loss transfer arbitration decision concerning Fault Determination Rules.
  • Dominion of Canada General Insurance Company v. Zurich Insurance Company (September 27, 1999, Arbitrator Robinson). Successful priority decision involving dependency. Opposing insurer found to be priority insurer.
  • Dominion of Canada General Insurance Company v. Kingsway Insurance Company (August 23, 1999, Arbitrator Samis). Successful loss transfer decision concerning applicability of Fault Determination Rules.
  • Doussept v. Canada Post Corporation, 1998 CanLII 6864 (Ont. C.A.). Successful defence at Ontario Court of Appeal concerning indemnification agreement in tort action. Appeal dismissed with costs.
  • Christakos v. Dominion of Canada General Insurance Company [1997] O.J. No 1279 (ON SC). Successful motion to determine AB jurisdiction (FSCO vs. Court).
  • Dominion of Canada General Insurance Company v. Motor Vehicle Accident Claims Fund (November 10, 1997, Arbitrator Samis). Successful priority decision against Motor Vehicle Accident Claims Fund. Client entitled to costs, and reimbursement of accident benefit payments.
  • Kahsay v. Mesic (July 7, 1995, ON SC, Court File No: 92-CU-63680-CM). Successful motion to dismiss tort action for failure to meet threshold.

Education & Associations

  • Called to the Bar of Ontario, 1992
  • LL.B., University of Western Ontario, 1990
  • B.A., York University, 1987
  • The Advocates’ Society