Background
Practicing in civil litigation since 1980, with extensive trial experience and appellate experience at all levels, including the Supreme Court of Canada. Areas of specialty are products liability; class proceedings; commercial insurance including defence in mass tort and major losses such as the Ocean Ranger disaster and complex claims such as abuse allegations in the Maple Leaf Gardens cases.
Elected, January 2000 to BLG’s inaugural National Council and to the Toronto Management Committee. In 2005, became Head of the Toronto Office’s litigation department. In 2006, was elected as Managing Partner, Toronto.
Board of Directors, Advocates’ Society, 2006. Member of the Law Society of Upper Canada and the Canadian Bar Association. Martindale Hubbell AV rating CEDR Accredited Mediator, September 2006 (CEDR is the leader in U.K. in providing dispute resolution services).
Retained primarily as a defence counsel on numerous class actions. Has been at the forefront with innovative settlement techniques e.g. validity of Mary Carter agreements (Pettey v. Avis (1994), 13 O.R. (3d) 725; bar orders in class proceedings (ONHWP v. Chevron et al (1999), 46 O.R. (3d) 130 (Gen. Div.). Representative reported decisions: Rogacki v. Belz (2004), (Ont. C.A.) successfully holding favourable jury verdict on behalf of plaintiff in a defamation case; Ticketnet v. Air Canada (1997), 154 D.L.R. (4th) 271 (Ont. C.A.) leave the Supreme Court of Canada dismissed, leading decision on damages in favour of a start up company, judgment totalled $27.7 million; Cloud v. Canada (Attorney General) (2004), 2 C.P.C. 96th) 199 (Ont. C.A.) class proceeding involving residential schools; Canadian Bearings v. Celanese Canada Inc.; Celanese Canada Inc. v Murray Demolition Cor. et al (2006), 269 D.L.R. (4th) 193 (SCC) successful appeal to Supreme Court of Canada in respect of solicitor client privilege and disqualification of counsel in context of Anton Piller order.
Reported decision as Counsel
- Fotinos v. Pitts Insurance Company, [1981] I.L.R. 1-1377 (Ont. H.C.) (trial decision on fraudulent proof of loss)
- Donald A. Foley Limited v. The Canadian Indemnity Company, [1982] I.L.R. 1-1556 (trial decision on meaning of replacement cost endorsements)
- Bow Helicopters v. Textron (1982), 23 C.P.C. 212 (leading decision on requirements for affidavit of documents)
- Gouzenko v. Doubleday (No. 1) (1982), 23 C.P.C. 15; 25 C.P.C. 146 (requirements of pleading in a defamation action)
- Gouzenko v. Doubleday (No. 2) (1982), 129 D.L.R (2d) 549 (Ont. H.C.) (leading decision on rolled up plea in defamation actions)
- 453416 Ont. Inc. v. White (1984), 42 C.P.C. 209; 42 C.P.C. 215 (leave to C.A. granted) (decision on validity of assignment of cause of action)
- Knowles v. General Accident Assurance Co. (1984), 49 O.R. (2d) 52 (H.C.) (trial decision on insurable interest and agent's liability)
- Bouchard v. I.L. Le Saux Ltée (1985), 46 C.P.C. 52 (stay of proceedings on jurisdictional issues)
- Columbos v. Carroll (1985), 50 O.R. (2d) 593; rev'd. 23 C.P.C. (2d) 177 (leading decision on waiver of privilege for expert report)
- Van Hal v. Chatham Motors Ltd. (1987), 4 A.C.W.S. (3d) 439 (Div. Ct.) (product liability, trial decision on res ipsa loquitur)
- Safematic Inc. v. Sensodec Oy (1988), 20 C.I.P.R. 143; 20 F.T.R. 132; 21 C.P.R. (3d) 12 (Federal Ct.) (injunction and jurisdiction of the Federal Court)
- Pier I Imports (Canada) Inc. v. Hancox (1989), 14 A.C.W.S. (3d) 327 (Osborne, J.) (successful trial decision on liability of occupier for negligence of independent contractor , appeal denied)
- Reddy v. Oshawa Flying Club (1992), 11 C.P.C. (3d) 154 (Ont. Gen. Div.) (decision on res judicata and issue estoppel)
- Pettey v. Avis (1994), 13 O.R. (3d) 725; 103 D.L.R. (4th) 298; 18 C.P.C. (3d) 50 (decision at trial on validity of Mary Carter agreement)
- Murphy v. Welsh - Stoddard v. Watson, [1993] 2 S.C.R. 1069 (Supreme Court of Canada decision on solicitor’s negligence claim application of Highway Traffic Act limitation period to claims of infants and mental incompetents)
- Ticketnet Corp. v. Air Canada (1997), 154 D.L.R. (4th) 271 (Ont. C.A.); leave to S.C.C. refused (leading trial and appellate decision on damages in favour of a start up company, judgment obtained was $27.7 million)
- Canadian Pacific v. Alouette and Telesat, January 19, 1993 (decision of Justice Ground in the Commercial Court on the effect of a lock up agreement in relation to compulsory acquisition rights to squeeze out minority shareholders)
- Weinstein v. Weinstein (Litigation Guardian of) (1997), 35 O.R. (3d) 229 (decision on notice requirements in complex estates action)
- Bhaduria v. Persaud (1998), 40 O.R. (3d) 140 (Ont. Gen. Div.) (Ferrier, J.) summary dismissal of claim decisions on application of limitation periods in defamation action)
- ONHWP v. Chevron et al (1999), 46 O.R. (3d) 130 (Ont. Gen. Div.) (Winkler, J.) (Bar Order in class action settlement)
- Kreutner v. Waterloo Oxford Co-Operative Inc. (2000), 50 O.R. (3d) 140 (C.A.) (Summary judgment dismissing design defect allegation in products liability action)
- Thompson v. Warriner (2002) O.J. No. 1769 (C.A.), (successfully upheld molestation exclusion re: liability insurance)
- Rogacki v. Belz (2003) 232 DLR 4th 523 (C.A.); decision on confidentiality/contempt issues in mediations
- Maodus v. Zeidler & Walker, 2003 (multimillion dollar jury verdict in favour of our client plaintiff)
- Town of Blue Mountain v. Royal Sun Alliance 2004 Can. LII 31902 (Ont. C.A.) (dismissal of claims seeking coverage under wrap up liability policy)Cloud v. Canada (Attorney General) (2004), 2 C.P.C. 96th 199 (Ont. C.A.)
- Celanese Canada v. Murray Demolition (2006), 269 D.L.R. 4th 193 (SCC)
Publications and Speaker
Published widely, spoken on numerous occasions at conferences and has created and led advocacy training programs for the Law Society, Advocates Society and University of TorontoLSUC – “Strategies to Manage Mass Tort Litigation”, November, 1998
- Articles on products liability, including class actions for Lexpert’s leading 500 Lawyers in Canada, 2000, 2001, 2004, 2005, 2006
- “Ontario Class Proceedings and Products Liability from a Defence Perspective”, Ontario Bar Association, November 1, 2001
“Class Actions”, Federated Press, May 16 & 17, 2002 - Panellist on Class Proceedings, Canadian Institute 4th Annual Summit on Institutional Liability for Sexual Abuse, February 2003
- Insight Products Liability Conference, “Setting the Stage : The Changing Landscape” September 29 – 30, 2003
- “Risk Managers Beware: The class action front is littered with mines waiting to explode”, Canadian Insurance, March 2004
- Luncheon keynote speaker, Canadian Institute 6th Annual National Forum on Litigating Class Actions, September 2005, and panellist 7th Annual National Forum, September, 2006
- Moderator, Canadian Institute, International and Global Class Actions – Where does Canada fit in?, September 2006
- Moderator, Conference Board of Canada, Class Action Forum, Pre-Emptive Business and Legal Strategies, October 2007
- Lectured on damages at CBAO Seminar What’s the Damage – April 1986
- Author Damages Arising from Domestic or International Air Carriage of Passengers, Baggage and Cargo (1987) 8 The Advocates’ Quarterly 276
- Presented paper on Law of Surveillance for CBAO Insurance Section, 1989
- Author of various headnotes and editorial comments, Carswell’s Practice Cases, 1982
- The Ontario Centre for Advocacy Training, formerly The Advocates’ Society Institute, was created to teach lawyers strategic advocacy including negotiation, settlement and client counselling techniques and trial/appellate skills. Involved with the program since its inception in 1988; trained instructors and have led various and numerous workshops as an instructor, some with participation by justices of the Court of Appeal and Supreme Court of Canada
- Author of workshop materials on Examinations For Discovery, Ontario Centre for Advocacy Training, 1992, with updates
- Demonstration for Young Lawyers Division, Canadian Bar Association Conference on Examinations and Discovery: How to Prepare, Conduct and Use at Trial, February 27, 1993
- Presented paper at Canadian Institute Conference on Civil Liability for Sexual Assault in an Institutional Setting on insurance coverages issues September 30, 1993; updated for the April
- 24 and 25, 1995 Canadian Institute program on Sexual Assault in an Institutional Setting: Legal and Practical Issues
- Presented paper at the Canadian Institute Conference, November 24, 1993 on What’s New in Insurance Law and Practice, Important Issues for the 1990s
- Co-Chair Law Society of Upper Canada Continuing Legal Education Conference December 3, 1994 on How Do You Plead? Breaking the Bonds of Boilerplate
- Partnership with Lawyers: Legal Fees Well Spent presented November 10, 1995 to the Ontario Risk and Insurance Management Society; Sexual Abuse and Institutions: Insurance
- Issues, 6 Canadian Insurance Law, 53 (December, 1995) the conclusion of which is quoted, with approval by the S.C.C., in Scalera v. Lloyd’s (2000), 185 D.L.R. (4th) 1, a decision dismissing claims under an insurance policy for defence obligations in a sexual abuse case
- “Common Sense Trial Preparation, Oxymoron or Reality,” April, 1996, Law Society of Upper Canada program
- Presented paper at INFONEX Conference “Employer’s Liability for Sexual Abuse: Legal Issues in Dealing with Insurance Policies,” October, 1997
- Presented paper “Sexual Abuse Claims in Canada and the Issues for Insurers,” Assurance (1998)
- Presented paper at Law Society of Upper Canada: “A Trial Lawyer’s Discovery Notebook” May, 1998
- Presented paper at Insight Conference: “Strategies to Manage Mass Tort Litigation in Sexual Abuse Claims” November, 1998
- Presented paper at Law Society of Upper Canada: “Examinations in Product Liability Cases” April, 1999
- Presented paper at Insight Conference: The Art of Advocacy: Trial Skills” July, 1999
- paper at Presented the Canadian Institute Conference: “Vicarious Liability for Sexual Assault/Abuse” September 23, 1999
- Speaker at various conferences to organizations such as Children’s Mental Health Centres, Ontario; Ontario Association of Children’s Aid Societies on vicarious liability
- Presented paper for Lexpert: “Products Liability – Recent Developments of Importance” January, 2000
- Prepared paper for The Lawyers’ Weekly: “Focus on Insurance Law” published December, 2000
- May 24, 25, 2001 Canadian Institute – Creating the file: Issues from Investigation and Preparing for Litigation
- Presented Trial Procedures and the Jury Oatley McLeish Guide to Personal Injury, Practice Under bill 59, October 2001
- November 1, 2001 Product Liability The New Millennium – Class Proceedings
- The Influence of Sexual Abuse Claims on Traditional Areas of Civil Litigation, Annual Review of Civil Litigation 2001 (Carswell, 2002) ed. Archibald and Cochrane
- Presented paper at Canadian Institute Conference Athey and Derkson: The Causality Struggle, June, 2002
- 4th Annual National Summit on Institutional Liability for Sexual Assault & Abuse, February, 2003
- Advocates Society, 2003 “Dealing with Difficult Clients”
- September 29-30, 2003 Insight Information, Product Liability “Setting the Stage: The Changing Landscape”
- Speaker CRIMS Conference, Winnipeg, 2004, “Vicarious Liability”
- Speaker ADR Institute, 2005, “Mediation Advocacy”
- Mediate a Complex, Multi-Party Toxic Mould Case? – National Forum on Toxic Mould
- Facilitator, Ontario Court of Appeal Project: Professionalism: The Tool-Kit, February 21, 2006
- Onuses, Burdens and Presumptions: What the Courts are Saying, Osgoode Professional Development Conference on Evidence Law for the Civil Litigator, September 28, 2006
