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Mark Baker, BA, LLB

Mark Baker

Email:  m.baker@fdtlaw.ca

Phone: 705.527.4555 x 0588

Mark completed his BA at the University of Western Ontario in 1982.  He received his law degree from Osgoode Hall Law School at York University in 1985 and was called to the Bar in 1987.

Mark worked with the Toronto Law Firm Kostyniuk & Greenside for 17 years where he was involved in all aspects of general litigation, with emphasis on insurance litigation, including principal carriage and handling of litigation files up to, and including, trial and arbitration.  Mark also gained experience in real estate, estates and family law over his time working in Toronto.

Mark joined Ontario law firm Ferguson Barristers in November of 2004 and became a partner in 2007.  Mark has continued his trial and arbitration practice to the present day.  Since the recent merger with Deacon Taws, Mark has been happy to take on new challenges, including resuming practice in real estate.

Mark has served or assisted on the Board of Directors for Community Reach North Simcoe, including a recent stint as Chair, Independent Living Simcoe, and the Georgian Bay Cancer Support Centre.

Mark has also been active in the firm’s pro-bono work for the Canadian Paraplegic Association, including assisting at the legal clinic provided by the firm.

Mark is an avid windsurfer and paddleboard enthusiast. Mark and his wife came to Midland believing it was an excellent place to raise their family and have never been happier to be proven right.

Reported Court Decisions

Cheung V. Toyota Canada Inc.

Who bears responsibility and what should the sanctions be when essential evidence (in this case, a van sent to the wreckers) is lost or destroyed before all parties have a chance to examine it? The complicated history of this decision is a good cautionary tale for making sure that evidence is secured from the outset and done on record if you expect litigation to come out of an incident.

Ontario Superior Court of Justice: Hoy, J.

Heard: January 30, 2003

Judgment: February 10, 2003

Kwabena Adu-Agyei v. Zurich Insurance Company

Mr. Baker represented the plaintiff with respect to his claims arising out of two accidents for auto accident benefits against his insurer, Zurich. The plaintiff was ultimately successful in claiming benefits from Zurich.

Offices of the Financial Services Commission of Ontario in Toronto

Presented before Sue san Alves

Heard: January 31; February 1, 2, 3; August 21, 22, 23, 24; November 3, 6, 7, and 8, 2000

Adar Mohamud v. Royal Insurance Company of Canada

Mr. Baker represented Royal Insurance in this case where there was very possibly no motor vehicle accident, let alone no injury on the part of the claimant, but auto benefits were claimed.

Offices of the Financial Services Commission of Ontario in Toronto

  1. Kaye Joachim

Heard: July 12, 13, 14, and 15, 1999

Roy Foss Motors Ltd. v. Total Ford Sales Ltd.

The defendant’s body shop maintained their shop in such a state that a complete stranger could walk in and drive out with the client’s car. The car was never recovered, but Mr. Baker was able to recover payment to his clients.

Ontario District Court – York Judicial District

Toronto, ON

O’Connell D.C.J.

June 24, 1990

Whitfield v. Chiu

Mr. Baker’s client went travelling. He trusted a friend to take his car to a body shop for work while he was travelling. The friend instead took the car without consent and hit an off-duty police officer. The firm was successful in mostly protecting the client from the consequences of his friend’s mistake, but the case is a good cautionary tale of what can happen if you don’t keep an eye on what’s happening with your car and its insurance.

Ontario District Court – York Judicial District

Coo D.C.J.

November 17, 1987