About Benson Percival Brown LLP

Benson Percival Brown LLP is a Toronto defence litigation firm that has concentrated on personal injury and insurance work since 1956. Today it acts for many insurers and other corporate clients in Canada, and its practice runs through insurance litigation, personal injury defence, professional liability and regulatory matters, and subrogation and loss transfer.

The lawyers include David Young, KC, who held the posts of Attorney General of Ontario, Minister Responsible for Native Affairs and Minister of Municipal Affairs and Housing before going back to private practice full time. For 2025-26, Canadian Lawyer included the firm in its insurance defence boutiques ranking, marking its thirteenth consecutive recognition.

Two new articling students start at the firm every year.

The office is at 801-1881 Yonge Street in midtown Toronto, and Christian P. Caffarena can work with clients in Spanish.

History

Philip Benson and Roy McMurtry founded the firm in 1956. Harvey Klein articled at Benson McMurtry, was called to the bar in 1978, and has practised with the firm ever since; Harvey Klein is still a senior partner, working mainly on insurance, negligence and personal injury cases. Former lawyers of the firm include two Ontario attorneys general, a chief justice of Ontario, three judges of the Ontario Superior Court, two Ontario Court judges and three masters.

David A. Patton arrived as a student after earning arts and law degrees at the University of Saskatchewan, was called in 1992 and made partner in 1997. Christian P. Caffarena articled at the firm in 2003 and became a partner in 2011.

Practice areas

Insurance litigation and coverage

The firm advises and litigates for clients on insurance questions such as accident and disability claims, commercial and general liability policies, bad faith allegations, and coverage disputes. Kevin R. Bridel also takes on selected Human Rights Tribunal of Ontario matters where insurance coverage is in play.

Personal injury defence

Benson Percival Brown defends personal injury tort claims, above all in motor vehicle litigation, where it acts for insurers. Darren M. Delaney's insurance defence work leans heavily toward motor vehicle claims. Eli Lipetz is counsel to Canadian and international airports, telecom carriers, venues for professional sport and car rental businesses, and Christian P. Caffarena handles airport liability and slip-and-fall claims for banks, grocery chains and other big retailers.

Professional liability and regulation

The firm defends professionals and their insurers against liability claims and in regulatory matters across many professions. Heather J. Vaughan's regulatory work centres on healthcare professionals, pharmacists in particular, facing complaints or discipline at their colleges, and Heather J. Vaughan also acts as Tribunal Counsel for the Registered Insurance Brokers of Ontario.

Subrogation and loss transfer

Loss transfer and subrogation files at the firm have included environmental property damage, marine and cargo losses, and auto loss transfer. Eli Lipetz handles subrogated claims arising from fires, water damage and faulty construction.

Good to know

A person using a wheelchairWheelchair accessible

How Benson Percival Brown LLP works

Client satisfaction and dedication have guided the firm's partners and associates for more than fifty years. Benson Percival Brown cares about how a file is run as much as how it ends: it commits to not wasting a client's time or money, to keeping options open, and to saving aggressive moves for the cases that genuinely call for them.

Strategy is built for each client rather than taken off a shelf, and the firm puts strong client relationships first so the legal work lines up with what the client is trying to achieve.

Reported cases

  • Rankin (Rankin's Garage & Sales) v. J.J., 2018 SCC 19

    David S. Young and Kevin R. Bridel appeared for the garage owner, James Chadwick Rankin, and a 7-2 majority allowed the appeal. The Court held that a business is liable in this kind of case only where both the theft of a vehicle and its unsafe operation should have been foreseen.

  • Sanofi Pasteur Limited v. UPS SCS, Inc., 2015 ONCA 88

    David S. Young and Kevin R. Bridel acted for Airon HVAC Service Ltd. and Airon HVAC and Control Ltd. The court found that the vaccine owner had taken on the risk of damage to its vaccines, subject to a limited exception for the defendants' negligence, and that the other defendants could rely on that limitation of liability as third-party beneficiaries.

  • RBC General Insurance Company v. Enterprise Rent-A-Car Canada Limited, 2013 ONCA 213

    Heather J. Vaughan acted for the respondents in a dispute over which insurer must respond first to a tort action in Ontario. The court held that under the statute RBC had to respond first and dismissed the appeal.

  • Broutzas v. Rouge Valley Health System, 2019 ONCA 751

    Evan Kopiak acted for the defendant C.S.T. Consultants Inc. The court quashed the appeal, without prejudice to the appellant taking it to the Divisional Court.

Decisions where the firm's lawyers appeared as counsel, from public court records. Past cases don't predict future results.

Milestones & recognition

  • 2016: Heather J. Vaughan is among the founding members of the Canadian Defence Lawyers Woman's Caucus, later chairing it from 2018 to 2020.
  • 2021: David Young receives the Osgoode Hall Gold Key Award, followed by the King's Counsel designation in 2023.
  • 2022: Heather J. Vaughan chairs the Insurance Law Section of the Canadian Bar Association.
  • 2026: Heather J. Vaughan is listed in the Canadian Legal Lexpert Directory.

In the community

  • David Young has sat three times on the selection committee for the David W. Mundell Medal, which honours legal scholarship.
  • Alycia Young has long supported Ronald McDonald House Charities, volunteering and serving on its Young Professionals Committee.

Affiliations & connections

This firm’s lawyers at a glance

Law schools
University of Windsor (6), Osgoode Hall Law School (4), Queen's University (2), Western University 13 of 20 lawyers

The neighbourhood

The firm works from Suite 801 at 1881 Yonge Street, a 1988 office building at the northeast corner of Yonge and Balliol Street in midtown Toronto. Davisville TTC station is a few steps away; the station dates from 1954 and was part of Toronto's original subway. The surrounding Yonge and Davisville area blends shops and restaurants with offices and homes.

Frequently asked questions

Does Benson Percival Brown act for homebuilders on Tarion warranty and construction deficiency claims?
Benson Percival Brown's Eli Lipetz represents homebuilders, developers, contractors, subcontractors and consultants on deficiencies, delays, building code problems, liens and Tarion warranty issues. Eli Lipetz is often brought in before any claim is issued, to investigate and advise early.
Does the firm take on trials for other law firms?
Benson Percival Brown's senior partner Harvey Klein acts as trial counsel for several other law firms.
How does articling at Benson Percival Brown work without a formal mentorship program?
Benson Percival Brown relies on an open door policy instead, so students can go to any lawyer at the firm for help, and Jiku Elamathail, the articling principal, oversees recruitment, onboarding and mentoring. Students also run small claims court trials themselves, and the firm has no summer student program.
Does Benson Percival Brown act for telecommunications companies in property damage disputes?
Benson Percival Brown's Cory Young acts for large telecommunications companies and commercial businesses when property is damaged, when a construction design is called into question, or when something goes wrong in their operations.

Where to find them

801-1881 Yonge Street, Toronto, Ontario M4S 3C4 · 416-977-9777

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This listing was generated by AI from public sources in October 2026. It may contain errors, and we can’t guarantee it’s accurate or complete. Before you rely on anything here, verify it on the firm’s own website. Verify licence status in the Law Society of Ontario directory ↗

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