Atty. Thomas R. Whitby
Tom Whitby’s construction litigation practice is focused primarily in the area of professional negligence. In over 25 years at Miller Thomson, Tom has litigated on behalf of architects and engineers in all types of construction claims including fee disputes, bidding and tendering claims, architectural and engineering design negligence claims, construction deficiency claims, sustainable design claims, P3 claims, and delay claims.
Profile Summary
About Thomas R. Whitby at a glance
Thomas R. Whitby is a construction and insurance attorney, practicing at Miller Thomson LLP. They have 38+ years of legal experience, licensed to practice since 1988. Admitted to practice in Ontario (1988). Recognitions include Best Lawyers in America — Construction Law (2026), Best Lawyers in America — Insurance Law (2026), and Best Lawyers in America — Special Focus: (2026).
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About
- Tom Whitby’s construction litigation practice is focused primarily in the area of professional negligence
- In over 25 years at Miller Thomson, Tom has litigated on behalf of architects and engineers in all types of construction claims including fee disputes, bidding and tendering claims, architectural and engineering design negligence claims, construction deficiency claims, sustainable design claims, P3 claims, and delay claims
- Tom acts for general contractors in litigation involving construction deficiency allegations
- He also acts on behalf of contractors in advancing and defending construction lien claims
- Tom’s practice involves disputes regarding diverse types of buildings, from houses to bank towers, and claims varying in size from thousands of dollars to tens of millions of dollars throughout Canada and abroad
- Tom acts for insurers on coverage disputes involving the interpretation of primary, excess, and reinsurance policies
- He has been consulted by various insurers on policy wordings related to construction claims
- Tom also acts on behalf of architects in professional discipline claims
- In addition to his litigation practice, Tom provides advice to design consultants with respect to contract language, drafts consultant agreements, and assists with the negotiation of consultant contracts
- He provides advice on public-private partnership (P3) arrangements for large public institutions and drafts the insurance, indemnity, and liability provisions in P3 agreements
- He also drafts construction contracts for P3 agreements
- Tom’s practice has taken him before all levels of courts in Ontario and before the Supreme Court of British Columbia
- He has also appeared before the Commercial List of the Ontario Superior Court on various commercial litigation matters
Practice Areas Explained
Thomas R. Whitby's Areas of Practice
Each practice area below reflects the types of cases Thomas R. Whitby handles, with a brief overview of what that area of law covers.
Thomas R. Whitby is one of 40,689 construction attorneys indexed nationally. Browse construction attorneys →
Insurance attorneys for coverage disputes, bad faith claims, denied claims, and policy disputes.
Thomas R. Whitby is one of 121,912 insurance attorneys indexed nationally. Browse insurance attorneys →
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