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Stuart Zacharias

Toronto Office 130 Adelaide Street West, Suite 2400

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Meet Stuart Zacharias

Insurance Defence Lawyer

"Justice is not a one-sided process."

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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)

  • Municipal liability / Public entity defence
  • Motor vehicle claims
  • Professional negligence claims
  • Property damage claims
  • Statutory accident benefits
  • General & Commercial liability
  • E&O Claims
  • Policy interpretation/coverage

  • Martin v. Attard Plumbing Ltd. (2015, S.C.J.): Stuart acted for the plaintiff in obtaining partial summary judgment in a subrogated action arising from water damage, wherein the court held that there was an implied warranty of fitness of the part installed by the defendant contractor.
  • Gore Mutual Insurance Company ats Imola (2014, S.C.J.): Stuart acted for the successful insurer in opposing an application for a declaration that it owed a duty to defend, in a matter where coverage had previously been denied on the ground, amongst others, of the exclusion for intentional or criminal acts.
  • Brant ats Demets (2013, S.C.J.): Stuart acted for the successful defendant in obtaining summary judgment declaring that both the third party insurer and a co-defendant owed a duty to defend the plaintiff's claim.
  • 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.
  • Gore Mutual Insurance Company ats Hayward (2011, S.C.J.): Stuart was the trial lawyer for the defendant insurer in an action arising from a denial of coverage following a fire loss.
  • 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.
  • Durham Police ats Murphy (2011, S.C.J.): Stuart acted for the successful defendants in opposing a motion to amend a claim on the ground that the proposed allegations were statute-barred.
  • Sault Ste. Marie Police ats Charette (2011, S.C.J.): Stuart acted for the successful defendants in opposing a motion to withdraw admissions and for partial summary judgment.
  • Brant ats Mannen (2011, S.C.J.): Stuart acted for the successful third party in obtaining summary judgment dismissing the third party claim as statute-barred.
  • Timmins ats Rekela-Morrish (2011, S.C.J.): Stuart was the trial lawyer for the City of Timmins in successfully defending a claim of alleged roadway non-repair.
  • 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.
  • Barrie Police ats Bilotta (2010, S.C.J.): Stuart acted for the successful defendants on a motion to strike improper allegations against the Police Services Board.
  • Scugog ats Deering (2010, S.C.J.): Stuart was part of the defence team at the multi-week liability trial of multiple actions against the municipalities alleging roadway non-repair in the context of a serious motor vehicle accident, resulting in a split liability decision.
  • Brantford ats Herbert (2010, S.C.J.): Stuart was part of the defence team at the multi-week liability trial of an action arising from a serious cycling accident on a recreational trail, resulting in a split liability decision.

  • 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, “Sharing the Road: Use of Bicycles and ATVs”, The Canadian Institute’s Provincial/Municipal Government Liability Conference, January 28, 2016
  • Presenter, “Waiving Solicitor-Client Privilege: Tips and Traps”, Canadian Bar Association Webinar Series, September 8, 2015
  • Presenter, “Legal claims A to Z: preparing the case and working with counsel from initial notice through trial”, Ontario Municipal Insurance Exchange (OMEX), March 21, 2014
  • Presenter, “Minimum Maintenance Standards under the Municipal Act" from a defence perspective, The Canadian Institute’s Provincial Municipal Government Liability Conference, February 27, 2014
  • Presenter, "Minimizing Risk Arising from Aging Infrastructure", Society of Public Insurance Administrators of Ontario (SPIAO), September 27, 2013
  • Presenter, “Battle of the Forms: An overview regarding authorizations to conduct independent medical examinations”, Canadian Defence Lawyers Annual Accident Benefit Symposium, April 25, 2013 (Read paper)
  • Presenter, “Expert Evidence: An Overview”, Ontario Association of Landscape Architects, January 20, 2012
  • Co-author with C. Kirk Boggs, “Trails and Tribulations: Liability Exposure in the Recreational Realm", presented at the Federated Press Provincial and Municipal Liability Conference, May 30, 2011 (Read article)
  • “The uncertain boundary between complaints and lawsuits against police”, Lawyers Weekly – Focus on Civil Litigation, May 27, 2011. (Read article)
  • 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 article)
  • Co-author with Jasmine Akbarali, “Limitation periods curb delay – not rights”, Lawyers Weekly – Focus on Civil Litigation, September 3, 2010. (Read article)

 

  • 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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