Stuart Zacharias

Gumbley v. Vasiliou, 2025 ONCA 851 – appellate counsel for defendant with respect to a multi-million dollar trial judgment arising from a serious brain injury.

Christian Heritage Party of Canada v. Hamilton (City), 2025 ONCA 700 – successfully opposed motions brought by two proposed interveners on appeal.

Rivard v. Ontario, 2025 ONCA 100 – counsel for the appellant chief of police and police services board on an appeal, with leave, from a decision declining to strike allegations of systemic wrongdoing. Succeeded in having the claim against the police services board struck out.

Mollison v. Gangadeen et al, 2025 ONSC 5991 – successfully defended the police service at trial in an action arising from a collision with a police cruiser. Action dismissed.

Morrison v. Hatts Off Inc. et al., 2025 ONSC 4320 – counsel for the defendants, in a putative class action alleging systemic negligence and breaches of fiduciary duty in youth group homes, on a motion seeking production of Children’s Aid Society files.

Christian Heritage Party of Canada v. City of Hamilton, 2024 ONSC 6181 – successful defence of judicial review application alleging Charter violations relating to the City’s refusal to run a political advertisement in City bus shelters.

Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586 –appellate counsel for defendant with respect to a multi-million dollar trial judgment arising from a major stroke.

Wilder v. Ng, 2022 ONSC 4876 (Div. Ct.) – successful defence of judicial review application with respect to a decision of the Health Professions Appeal and Review Board.

Levy v. Rubenstein, 2022 ONSC 4547 – defence counsel at trial in a case alleging delayed diagnosis of cancer.

Breen v. The Corporation of the Township of Lake of Bays, 2021 ONSC 533 – represented the defendant municipality at trial in an action alleging negligent issuance of a building permit and negligent building inspection.

Decision No. 960/21, 2021 ONWSIAT 1629 – successfully represented the applicant First Nation on an application under s. 31 of the Workplace Safety and Insurance Act. Plaintiff’s lawsuit held to be statute barred.

Brown v. Dr. Baum, 2020 ONSC 1541 – successfully represented the defendant at trial in a case alleging a lack of informed consent for surgery. Action dismissed.

Murphy v. Savoie, 2019 ONCA 784 – successfully defended an appeal from a determination of insurance status under the OPCF 44R family protection endorsement in a pedestrian knock-down case.

Smith v. Ontario (Attorney General), 2019 ONCA 651 – counsel for police service on appeal regarding the scope of the Crown’s duty of care to police officers with respect to legal advice provided during a murder investigation and the defence of reasonable reliance on that legal advice in the context of a claim for negligent investigation.

Lebko v. Toronto Standard Condominium Corp. 1862, 2019 ONSC 1602 – counsel for defendant security company on successful motion for summary judgment in a case arising from alleged faulty operation of an elevator. Action dismissed.

R. v. Bingley, 2017 SCC 12 – counsel for the intervener, Canadian Civil Liberties Association, in an appeal regarding the Criminal Code provisions with respect to evaluation of drug-impaired driving.

Blunt v. Dr. Vaidyanathan, 2018 ONSC 3243 – counsel for the defendant on successful motion to strike out allegations of “past incompetence” and a “pattern of substandard practice”.

Azzeh v. Legendre, 2017 ONCA 385 – counsel for the municipality on this successful appeal reversing a motion decision. The Court of Appeal held that the proposed claim against the City, brought by a minor plaintiff who allegedly suffered a brain injury in a car accident, was barred by the 10-day notice period in the Municipal Act, 2001. Also successfully opposed the co-defendant’s application for leave to appeal to the Supreme Court of Canada.

Rausch v. Pickering (City), 2017 ONSC 2634 – successfully defended the City at trial in an action alleging negligent by-law enforcement. Action dismissed. Previously appellate counsel for the City regarding duty of care issues arising from the plaintiff’s amendment of her pleading: 2012 ONSC 4688 (Div. Ct.) and 2013 ONCA 740.

Farley v. Ottawa Police Services Board, 2016 ONSC 7817, affirmed, 2017 ONCA 689 – counsel for the police service on successful motion for summary judgment in a claim alleging negligent murder investigation, malicious prosecution, and Charter breaches. Action dismissed. Also successfully defended plaintiff’s appeal and application for leave to appeal to the Supreme Court of Canada.

Martin v. Barrie (City),2016 ONSC 7830, affirmed, 2018 ONCA 499 – trial and appeal counsel for the City in successfully defending a claim alleging that an outdoor recreational “snow slide” breached the Occupiers’ Liability Act.

Martin v. Attard Plumbing Ltd., 2015 ONSC 5037 – successfully obtained summary judgment in a subrogated action for property damage.

Yusuf v. Kurup, 2014 ONSC 247 – successfully represented the defendant at trial in a case alleging intra-operative injury. Action dismissed.

Demets v. County of Brant et al., 2013 ONSC 7794 – successfully obtained summary judgment declaring that both the co-defendant and its insurer were obliged to defend and indemnify the municipality with respect to a catastrophic cycling injury. Also obtained an order for full indemnity costs of the motion: 2014 ONSC 686.

Rekela-Morrish v. Timmins, 2011 ONSC 7016 – successfully represented the City at trial in an action alleging non-repair of a municipal roadway. Action dismissed.

White v. Mannen et al, 2011 ONSC 1058 – counsel for the municipality on a successful motion for summary judgment based on the limitation period. Action dismissed.

Alves v. Caston, 2010 ONSC 2853, affirmed, 2010 ONCA 805 – successfully obtained an order enforcing a settlement agreement including the requirement to sign a release. Also successfully defended the plaintiff’s appeal.

Deering v. Scugog (Township), 2010 ONSC 5502– co-counsel at trial for the defendant municipalities with respect to catastrophic accidents wherein the duty of care owed by a municipality relating to the maintenance of its roads was clarified and limited to drivers operating their motor vehicles in a non-negligent manner.

Herbert v. City of Brantford, 2010 ONSC 2681 – co-counsel at trial for the defendant municipality with respect to a catastrophic injury on a recreational trail.

Bilotta et al v. Barrie Police Services Board et al, 2010 ONSC 622 – successfully represented the police services board on a motion to strike allegations against it. Also successfully moved to strike additional allegations in the subsequently amended claim: 2010 ONSC 4457.

Alexis v. Darnley,2009 CanLII 2896 (ON SC), affirmed, 2009 ONCA 847 – successfully opposed a motion to add a defendant to a claim forCharter damages. Also successfully defended the plaintiff’s appeal (confirming that the Limitations Act, 2002 applies to Charter claims) and application for leave to appeal to the Supreme Court of Canada.