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Stuart Zacharias

Toronto Office 130 Adelaide Street West, Suite 2400

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Meet Stuart Zacharias

Appeals Lawyer

"In the end, the right answer should prevail."

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Professional Highlights

  • Practice Group Leader, Appeals Group, Lerners LLP (2016)
  • Communications Officer, National Civil Litigation Section, Canadian Bar Association (2016-2017)
  • Skills Instructor, The Advocates’ Society (2015 to present)
  • Member, Research Ethics Board, Mount Sinai Hospital (2014 to present)
  • Executive Member, National Civil Litigation Section, Canadian Bar Association (2014-2015)
  • Partner, Lerners LLP (2011)
  • Associate, Lerners LLP (2007-2011)
  • Judicial Clerk to The Honourable Allan Lutfy, Chief Justice of the Federal Court (Ottawa) (2005-2006)

  • Pickering ats Rausch (2013, C.A.): Stuart acted for the successful defendant in obtaining leave to appeal to the Court of Appeal, arising from a Rule 21 motion dealing with the scope of a municipality’s duty of care in the context of by-law enforcement.
  • Barrie ats McHardy (2012, S.C.J.): Stuart acted for the successful defendant in obtaining leave to appeal to the Divisional Court, arising from a motion for summary judgment based on a statutory bar contained in the Municipal Act.
  • Durham Regional Police ats Mohamed et al. (2011, S.C.J.): Stuart acted for the successful defendants, on an appeal from a Master's order which dismissed the plaintiffs' motion for production of any complaint and discipline records. The Master's decision was upheld and also found to be correct based on a subsequent decision of the Divisional Court.
  • Vaidyanathan ats Leek et al. (2011, C.A.): Stuart acted for the successful appellant, on an appeal which examined the applicability of Rule 21 to a pre-trial consideration of the duty to mitigate damages.
  • Caston ats Alves (2010, C.A.): Stuart acted for the successful respondent, on an appeal which affirmed the enforcement of a settlement which included a provision that the opposing party sign a Release.
  • Darnley et al. ats Alexis (2009, C.A.): Stuart acted for the successful respondent/intervenor, on an appeal which clarified that the Limitations Act, 2002 applies to claims for damages under the Canadian Charter of Rights and Freedoms. The appellant's application for leave to appeal to the Supreme Court of Canada was dismissed.

  • Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada
  • Named by Lexpert in its 2014 Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada as a “Litigation Lawyer to Watch”
  • In 2012, Stuart was the recipient of the Richard B. Lindsay QC Exceptional Young Lawyer Award. This award is given annually to one member of Canadian Defence Lawyers of up to 10 years at the bar.

  • Presenter, “Representing Police Services Boards”, The Canadian Institute’s Law of Policing Conference, June 16, 2016
  • Co-Presenter, “Civil Appeals: An Overview of Issues, Procedure and Ethics”, Continuing Professional Development session held in Windsor, Ontario, June 20, 2016
  • Presenter, “Waiving Solicitor-Client Privilege: Tips and Traps”, Canadian Bar Association Webinar Series, September 8, 2015
  • Presenter, “Expert Evidence: An Overview”, Ontario Association of Landscape Architects, January 20, 2012
  • "The uncertain boundary between complaints and lawsuits against police", Lawyers Weekly — Focus on Civil Litigation, May 27, 2011 (Read online)
  • Legal tutor — Informed Consent, University of Toronto Faculty of Medicine, 2009 — present
  • Co-author with C. Kirk Boggs, "Demonstrative Evidence: Basic Guidelines for its Proper and Effective Use", presented at the Canadian Institute's Personal Injury Settlements conference, January 25, 2010
  • "Conflicting decisions create confusion over Charter damages", Lawyers Weekly — Focus on Constitutional Law, April 16, 2010 (Read online)
  • Co-author with Jasmine Akbarali, "Limitation periods curb delay — not rights", Lawyers Weekly — Focus on Civil Litigation, September 3, 2010 (Read online)

 

  • Law Society of Upper Canada
  • Canadian Bar Association
  • Canadian Defence Lawyers
  • The Advocates' Society

  • Admitted to Manitoba Bar (2006)
  • Admitted to Ontario Bar (2005)
  • Bachelor of Laws, University of Manitoba (2004)
  • Bachelor of Arts, University of Manitoba (2001)

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