Duncan Neil Embury

Duncan is a Partner and Head of Litigation at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues.

Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He also handles complex, multiparty civil litigation including claims of institutional negligence, product liability, and municipal liability.

Most recently, he played a key role in KB.v Guhle (2025 ABKB), one of the most significant medical malpractice trials in Canadian history, in which the Alberta Court of King's Bench found a physician's failure to meet the standard of care directly led to catastrophic injuries suffered by an 11-month-old patient.

Duncan has appeared before all levels of trial and appellate courts, including the Supreme Court of Canada. His most recent courtroom accomplishments include victories in Doobay v Fu (2020 ONSC 3329), Hasan v Trillium Health (2022 ONSC 3175) , and Hemmings (litigation guardian of) v Peng (2022 OJ No 2674) , all involving severely brain injured plaintiffs; and a recent appeal win in Farej v Fellows (2022 ONCA 254) .

He is a regular speaker and presenter in all areas of medical negligence for the Ontario Trial Lawyers Association, the Ontario Bar Association, and the Law Society of Upper Canada. Duncan has been voted by his peers as a leading expert in his field since 2014 in the Canadian Lexpert Directory ® and has been named as one of Canada's Best Lawyers ® since 2015. Additionally, Duncan has also been certified as a specialist in civil litigation by the Law Society of Upper Canada.