Troy Lehman (L) and Brian Cameron of Oatley Vigmond LLP
There are many personal injury firms in Ontario, but not all are created equal. For individuals searching for an Ontario personal injury lawyer after a serious accident, that distinction can significantly affect the outcome of a case. Troy Lehman pulls no punches when asked what sets Oatley Vigmond LLP apart.
“We’re trial lawyers, not settlement lawyers,” states Lehman, who manages the firm alongside Adam Little as managing partners. “We have a culture of advocacy without fear where we are prepared to take even complicated or risky personal injury cases to trial if the settlement offer is not fair.”
Oatley Vigmond LLP is an Ontario personal injury law firm that represents individuals and families who have suffered serious injuries in motor vehicle accidents and other catastrophic events. The firm acts exclusively for injured plaintiffs and is known across Ontario for its trial-ready approach to personal injury litigation before judges and juries.
Doubling down on Oatley Vigmond’s trial-ready philosophy
In Ontario personal injury cases, insurers are sophisticated repeat players who closely track which lawyers are prepared to take cases to a jury and which are not. They use that intelligence when setting reserves and evaluating risk exposure. Lehman, who has been practicing personal injury law for more than 25 years, says this assessment has become increasingly important.
Two decades ago, most lawyers handling personal injury claims would, by default, conduct a significant number of trials. Today, jury trials in Ontario are far more selective.
“Our business is such that you just cannot get top dollar for a case unless the insurance company knows it faces a significant trial risk,” Lehman says, adding that at mediations and settlement conferences, discussion is almost exclusively about what might happen if the case proceeds to trial in an Ontario court.
Lehman’s job in that room is to convince defence counsel and the adjuster what their exposure would be, especially with a jury. Drawing on the research he and Roger Oatley conducted for their definitive LexisNexis text on juror psychology, Addressing the Jury, he underscores what will make a jury identify with the injured person and hold a defendant accountable.
For catastrophically injured clients, retaining a lawyer without a proven record of courtroom experience can have devastating consequences. Without the credible threat of a trial judgment that exceeds the insurer’s internal settlement range, negotiations can stall.
“Without that risk, they just keep pushing, and eventually the plaintiff folds,” says Brian Cameron, partner at Oatley Vigmond with more than 25 years of litigation experience. “If the defence knows the plaintiff’s lawyer will not proceed to trial, they offer less. It is that simple.”
Evidence over ‘whole cloth’
Oatley Vigmond has built the opposite reputation across Ontario. Insurers know the firm is both trial-ready and credible. Cameron says “virtually every case” he resolves is influenced by that reputation.
“We do not make cases out of whole cloth; we provide the evidence from day one, so insurers have what they need to properly assess the claim,” he explains. “We are in an adversarial system, but I do not treat defence counsel as adversaries. We are working toward a resolution. The difference is that we are always prepared to proceed to trial if required.”
Lehman points to the inverse reaction: when an Ontario personal injury law firm demonstrates it is fully prepared for trial, so-called “final” settlement offers often increase as the trial date approaches.
In one recent file involving a concussion and chronic pain, a low-end settlement offer was declined at mediation. About a year later, a pre-trial and then a trial date were set. The offer crept up by about 25% but still wasn’t in the acceptable range, and, concerned that the amount wouldn’t cover long-term loss of income, Lehman counselled his client to hold strong.
Over the holidays, he spent hundreds of hours and tens of thousands of dollars getting the case trial ready. As the January trial date loomed, the insurer received a flurry of trial prep requests to admit, briefs, and expert reports, and realized Oatley Vigmond wouldn’t back down. At that point, the offer jumped into the higher end of what was a likely trial result, and the client settled a week before the hearing.
“That’s a pretty common example of how the pressure point of a trial works for us — if you’re prepared to put the time, money and energy into trial preparation,” Lehman says.
“Every penny counts for the most seriously injured people.”
That philosophy is why, in an era where many firms prioritize rapid settlement, Oatley Vigmond continues to double down on its trial-ready model. For Brian Cameron, that standard was set by the firm’s founding partners.
“We had the privilege of being mentored by two of the best litigators to ever stand before a jury,” says Cameron, referring to co-founding partners Roger Oatley and Jim Vigmond. “But that legacy isn't just a badge of honour; it’s a responsibility we carry for our clients. I see that commitment to excellence in Troy’s work every day—he has won cases I once thought were unwinnable. It is now our turn to ensure that the standard of excellent advocacy is preserved and passed down.”
Keeping jury advocacy alive in court and the classroom
Passing the torch of jury management and trial readiness expands beyond the walls of the firm itself. Teaching younger lawyers to embrace the trial is a priority within the firm. When a case proceeds on the trial track, the litigation team always includes a developing lawyer to build courtroom competence.
“Trial mentorship is one of the things that is most important to me,” Lehman says. “I feel strongly about them gaining real trial experience.”
Cameron, who taught personal injury advocacy at Queen’s University for many years, focused on the psychology of jurors—communicating in clear language and framing the case so jurors can identify with the injured person. He also used his time at Queen’s to address the reality that while "settlement mills" are nothing new, the sheer volume of aggressive advertising is.
He would begin his class by noting that although he is a personal injury lawyer, he has never had his face on the side of a bus—and never will. “I know where the courthouse is,” Cameron says. “For individuals searching for an Ontario personal injury lawyer after a life-altering accident, trial experience is not a marketing slogan. It is leverage. Insurers assess risk carefully, and they evaluate whether the lawyer across the table has the credibility, resources, and courtroom experience to proceed to trial when necessary.”
When Cameron stepped back from teaching, Lehman assumed the role, making the weekly trip to Kingston to ensure the next generation understands how to try a case properly. For Lehman and Cameron, courtroom advocacy and legal education are how they ensure that when serious cases proceed to trial, there remain lawyers who know how to win them.
This article was produced in partnership with Oatley Vigmond LLP