About Sommers Roth & Elmaleh

Sommers Roth & Elmaleh is a Toronto based law firm that practices almost exclusively in medical malpractice law, representing patients and families across Canada in cases involving birth injuries, cerebral palsy, hypoxic ischemic encephalopathy and other medical negligence. It was founded by Richard J. Sommers, called to the Ontario Bar in 1968 and appointed Queen's Counsel in 1980, and Robert Roth, a 1972 Osgoode Hall Law School graduate certified as a Specialist in Civil Litigation by the Law Society of Ontario in 1990. The firm's first case, Yepremian v Scarborough, settled on the doorstep of the Supreme Court of Canada and is still taught in law schools today.

Hilik Y. Elmaleh joined the firm in 1996, after studying at the University of Warwick Law School in the United Kingdom and at Ottawa University, and was called to the Ontario Bar in 1997. Elmaleh now serves as the firm's principal. A lawyer at the firm has been ranked in the Lexpert directory every year since the directory began in 1997. The current team also includes Lisa Lutwak, called to the Ontario Bar in 2014, and Jonathan Farine, called to the Ontario Bar in 2019, who concentrate on birth injury, obstetrical negligence and other medical malpractice claims, and the firm has appeared before every level of Ontario court and the Supreme Court of Canada.

Practice areas

Milestones & recognition

  • The firm's first case, Yepremian v Scarborough, was a precedent setting medical malpractice matter that settled on the doorstep of the Supreme Court of Canada and remains taught in law schools today.
  • Founder Richard J. Sommers was called to the Ontario Bar in 1968 and appointed Queen's Counsel in 1980.
  • Founder Robert Roth graduated from Osgoode Hall Law School in 1972 and was certified as a Specialist in Civil Litigation by the Law Society of Ontario in 1990.
  • Hilik Y. Elmaleh, the firm's principal, has been selected for inclusion in Best Lawyers in Canada.
  • A lawyer at the firm has been ranked in the Lexpert directory every year since the directory began in 1997.

In the community

  • A lawyer at the firm volunteers with the Brain Injury Association and with Bike Law.
  • Hilik Y. Elmaleh has been a guest lecturer at Osgoode Hall Law School and a contributor to the Advocates' Quarterly journal.
  • Lisa Lutwak has presented continuing legal education programs for the Ontario Bar Association.
  • Founder Richard J. Sommers lectured in trial practice at Osgoode Hall Law School and served on the editorial board of Advocates' Quarterly.

Good to know

A person using a wheelchairWheelchair accessibleA rainbow pride heartLGBTQ+ friendlyAn office interior with a desk and chairsIn-person services

Fees & payment

A shield with gold coins, a dollar sign and a checkmark sealContingencyA clipboard with a speech bubble and a no-charge dollar coinFree consultation

Certified Specialists

A designation granted by the Law Society of Ontario, not a self-declared area of focus.

This firm’s lawyers at a glance

Called to the bar
1968–2014 · median 40 years in practice 4 of 4 lawyers
Law schools
University of Ottawa (2), Osgoode Hall Law School 3 of 4 lawyers

The neighbourhood

The office is on Avenue Road, in the stretch between Dupont Street and St. Clair Avenue. That part of Avenue Road is fairly residential, with a mix of small businesses and a few large schools and churches rather than a concentration of law offices. It's a quiet setting for a firm whose caseload isn't really local: Sommers Roth & Elmaleh represents clients from across Canada on a contingency fee basis, so the Toronto office works mainly as a base for meetings, case preparation and trial work rather than a storefront for walk in clients.

Frequently asked questions

Does Sommers Roth & Elmaleh only take cases in Toronto?
No. The firm's office is in Toronto, but it represents people affected by medical malpractice anywhere in Canada, not just in the city.
What kinds of medical malpractice cases does the firm handle?
The firm concentrates on birth injuries, cerebral palsy, hypoxic ischemic encephalopathy, medical misdiagnosis, midwife malpractice and other cases of medical or hospital negligence, along with related personal injury claims.
Do I have to pay anything up front to hire the firm?
No. Sommers Roth & Elmaleh works on a contingency fee basis and offers a free initial consultation, so you pay nothing unless the case is resolved successfully.
How long has the firm been doing this kind of work?
Sommers Roth & Elmaleh's first case, Yepremian v Scarborough, dates back to the firm's founding by Richard J. Sommers and Robert Roth, and the firm has focused on medical malpractice ever since. A lawyer at the firm has been ranked in the Lexpert directory every year since the directory began in 1997.
Who runs the firm today?
Hilik Y. Elmaleh, who joined in 1996 and was called to the Ontario Bar in 1997, is the firm's principal. The current team also includes Lisa Lutwak, called to the Ontario Bar in 2014, and Jonathan Farine, called to the Ontario Bar in 2019.
Where is the office located?
The office is at 268 Avenue Road in Toronto, between Dupont Street and St. Clair Avenue.

Where to find them

268 Avenue Rd, Toronto, Ontario M4V 2G7 · 844-777-7372

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Listing compiled from the firm’s public website in August 2026. Verify licence status in the Law Society of Ontario directory ↗