Shauna K. Powell

Education Law Lawyer

Phone:

519.640.6367

Fax:

519.932.3367

PROFESSIONAL HIGHLIGHTS

Executive Summary

Achievements

Noteworthy Cases

Selected Presentations/Publications

Memberships

Education

Executive Summary

Shauna Powell is a partner at Lerners with a diverse practice encompassing civil litigation and administrative law, education law, health law, and personal injury. With broad experience across a range of industries, she takes a practical, skilled, and strategic approach to her work. She holds both a Canadian and U.S. law degree.

Shauna has a particular interest and expertise in her work with universities and post-secondary institutions, and advises on matters relating to privacy, human rights, and professional liability. She defends universities in civil litigation matters, including breach of contract, privacy breaches, and failure to accommodate.

She has extensive experience in the area of health law, successfully assisting health professionals in defending against allegations of negligence in medical malpractice litigation, and/or responding to investigations and complaints into a health professional’s practice. Shauna has successfully defended health professionals in disciplinary hearings against allegations of misconduct.

Shauna has appeared as an advocate in all levels of the Ontario courts, as both trial and appellate counsel. She has a wealth of experience in civil litigation and administrative hearings as counsel for professional organizations and individuals before various tribunals.

Shauna’s work in the personal injury field reflects her strong sense of justice and belief that people should be treated fairly. She finds meaning in helping individuals achieve the financial compensation they deserve at the most difficult time of their lives. Shauna works tirelessly for her clients, bringing a strong work ethic, commitment and skilled advocacy to each of her cases.

Shauna is active in the London and Kitchener-Waterloo community, regularly attending and supporting community events and initiatives. She is a past adjunct professor of law at Western University in civil procedure and currently teaches oral advocacy to moot competitors.

In her spare time, Shauna enjoys spending time with her family, travelling, and biking.

Achievements

Selected by her peers to be included in The Best Lawyers in Canada for Healthcare Law, Medical Negligence, Personal Injury Litigation and Professional Malpractice Law (2019-2025)
Selected by her peers to be included in Canadian Legal Lexpert Directory in the area of medical negligence (2021-2025)
Lawyer of the Year, Professional Malpractice Law London/Windsor, Best Lawyers in Canada (2024)
Lawyer of the Year Health Care Law London/Windsor, Best Lawyers in Canada (2022)
Litigator to Watch 2011 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

Noteworthy Cases

VanSluytman v. Brewster, 2017 ONSC 1957 (CanLII). Action successfully dismissed against defendant physicians on basis the proceeding was frivolous, vexatious or otherwise an abuse of the Court’s process.
Ontario (College of Physicians and Surgeons of Ontario) v. UVW, 2016 ONCPSD 38 (CanLII). Successfully defended a physician against allegations of sex abuse at a Discipline Hearing before the Discipline Committee of the College of Physicians and Surgeons of Ontario.
Tremain et al v. Dr. William Muir et al., 2014 ONSC 185 (Can LII). Action successfully dismissed against defendant physicians on basis the claim was statute-barred due to the limitation period.
Kaila v. Bluewater Health, 2014 CanLII 19532 (ON HPARB). In an appeal to the Health Professions Appeal and Review Board, conducted by way of a hearing de novo, the Order impacting a physician and his hospital privileges was successfully varied, including the elimination of the requirement for a risk assessment of the physician.
S.K. v. C.D., 2014 CanLII 17827 (ON HPARB). Successful challenge of a decision of the Inquiries, Complaints and Reports Committee of the College of Physicians and Surgeons of Ontario which compelled a physician to complete retraining and be cautioned as to his conduct. On review, Shauna successfully argued that the decision was inadequate and breached procedural fairness.
S.M. v. S.K., 2013 CanLII 58946 (ON HPARB). Successfully argued that the complainant’s reference to media articles involving the physician and RateMD was not probative for the purpose of regulatory review.
M.S. v. M.G., 2011 CanLII 59743 (ON HPARB). Successful in a review of a physician’s care and treatment following death of the patient by overdose.
Elguindy v. Prince - Appellate level decision, which provided for full disclosure of relevant medical documentation in a medical negligence action and prevented the defendant physician from having to submit to both an oral and written examination for discovery.

Selected Presentations/Publications

“Informed Consent in the Health Care Context” – Presenter, School of Physiotherapy, Western University (2019-present)
“Privacy Considerations for Business Leaders” – Presenter, Ivey Business School, Western University (2018-2024)
Speaker, “Top Ten Tort Law Cases” Osgoode Personal Injury Law and Practice Course (October 2023)
Speaker, "Accommodation in Professional Regulation," Ontario Bar Association's Institute program, Accommodating Disabilities in Administrative Law (February 2020)
Speaker, "Tort Law Update," The Advocates' Society's Tricks of the Trade (2019)
Speaker, “Bill 87: Protecting Patients Act, 2017,” Ontario Bar Association’s Emerging Risks in Health Law Conference (February 2018)
“Practical Tips for Avoiding Professional Negligence Claims,” Presenter, Important Legal Updates for Health Care Professionals Seminar (October 21, 2013)