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Stuart Zacharias

Health Law Lawyer

Fax:

416.867.2451

PROFESSIONAL HIGHLIGHTS

Executive Summary

Stuart Zacharias is a partner in Lerners’ Toronto office and a member of its Appeals, Health Law, Professional Regulation, and Specialty Risk and Insurance groups. He is certified as a specialist in civil litigation by the Law Society of Ontario and is a past chair of the National Civil Litigation Section of the Canadian Bar Association.

Stuart has been lead counsel on numerous trials and appeals. He has acted in matters before the Superior Court of Justice, Divisional Court, and Court of Appeal for Ontario, as well as the Supreme Court of Canada. He regularly writes and presents on a variety of civil litigation topics.

Practice Areas

  • Police liability

  • Sexual abuse claims

  • Building Code claims

  • Municipal road liability

  • Serious personal injury claims

  • Policy interpretation/coverage

  • Defence class actions

Achievements

  • Recognized in the Canadian Legal Lexpert Directory for Medical Negligence

  • Selected by peers for inclusion in “Best Lawyers™ in Canada” for Health Care Law, Insurance Law, Medical Negligence, and Professional Malpractice Law

  • Certified as a Specialist in Civil Litigation by the Law Society of Ontario

  • 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.

Noteworthy Cases

  • Rivard v. Ontario (2025, C.A.) - Stuart represented the appellant chief of police and police services board on an appeal, with leave, from a decision declining to strike allegations of systemic wrongdoing. The claim against the police services board was struck out, and the decision clarified the pleading requirements for such claims.

  • Christian Heritage Party of Canada v. City of Hamilton (2024, Div. Ct.) - Stuart represented the respondent in a judicial application brought by the applicant political party after its proposed bus shelter advertisement was declined for publication. The respondent concluded that the ad could impact on its ability to provide a “safe and welcoming” transit system for its constituents. In particular, it concluded that running the ad could potentially impact the health and safety of transgender and non-gender conforming persons using the transit system. The application was dismissed and the respondent’s decision upheld. The applicant has sought leave to appeal to the Court of Appeal for Ontario.

  • Hasan v. Trillium Health Centre (Mississauga) (2024, C.A.) - Stuart represented the appellant on an appeal from a trial judgment in a case involving a delayed diagnosis of stroke. The appeal was dismissed in a decision which departed in a significant way from the previous case law on the test for causation in cases of negligent omission. Leave to appeal to the Supreme Court of Canada has been sought.

  • Breen v. Lake of Bays (2021, S.C.J.; 2022, C.A.) - Stuart represented the defendant municipality at trial in an action alleging negligent issuance of a building permit and negligent building inspection of a 5,000 square foot cottage which was constructed between 1989 and 1991. The trial judge allowed the action in part, finding that the municipality was liable for certain alleged Building Code deficiencies, but not others. Stuart assisted with the appeal, on the primary issue of whether the municipality had discretion on which inspections to conduct given that the Building Code Act of the day did not explicitly mandate inspections (as distinct from the subsequent legislation). While not going so far as to say a municipality necessarily had to conduct each and every potential inspection enumerated in the Building Code, the court held that in this case a final inspection was required by the “overall purpose” of the legislation existing at the time. However, the court reversed the trial judge’s findings of liability for certain non-Code compliant features of the cottage, holding that the test for liability is not merely that there is non-compliance with the Code; rather, it must be shown that a reasonable building inspector would have noticed the issue. The court also held that municipalities are not liable for issues caused by poor workmanship or poor maintenance by the owner, as distinct from derogations from the Code that a reasonable building inspector should have noticed.

  • Decision No. 960/21 (2021, ONWSIAT): Stuart successfully represented the applicant First Nation on an application under s. 31 of the Workplace Safety and Insurance Act, resulting in a determination that the plaintiff’s lawsuit against the First Nation was statute-barred as the plaintiff was a worker in the course of her employment when the subject incident occurred.

  • Murphy v. Savoie (2019, C.A.) - Stuart acted for the plaintiff in successfully opposing the defendant insurer’s appeal from a motion decision which found the plaintiff to be an insured under the OPCF 44R family protection endorsement to her spouse’s employer’s auto insurance policy, arising from a pedestrian knock-down accident.

  • Martin v. City of Barrie (2016, S.C.J.; 2018, C.A.) - Stuart successfully defended the City of Barrie at trial in a claim arising from an alleged injury on a snow slide at the City’s “Winterfest” event. The court held that there was no breach of the Occupiers’ Liability Act. Stuart also successfully represented the City on the plaintiff’s appeal from the trial judgment The Court of Appeal agreed with the trial judge that the City met the standard, which was one of reasonableness, not perfection.

  • Smith v. Attorney General (Ontario) et al. (2018, Div. Ct.; 2019, C.A.): Stuart represented the Durham Regional Police on this appeal, with leave, from a decision of the Divisional Court which reversed a motion decision refusing to strike the police crossclaim against the co-defendant Crown Attorneys. The case arose from a complex murder investigation and raised the novel issue of whether an investigating police force can claim indemnity from Crown Attorneys who provided legal advice with respect to the conduct of the investigation.

  • Farley v. Ottawa Police Services Board (2016, S.C.J; 2017, C.A.): Stuart successfully represented the Ottawa Police on this appeal by the plaintiff, against whom Stuart had acted for the Ottawa Police in obtaining summary judgment. The court affirmed the granting of summary judgment based on determinations made in the underlying criminal proceedings, principally the Court of Appeal’s order for a second trial on the charge of first degree murder – which meant that a reasonable, properly instructed jury could find guilt beyond a reasonable doubt. The plaintiff’s application for leave to appeal to the Supreme Court of Canada was also dismissed.

  • Azzeh v. Legendre (2017, C.A.): Stuart successfully represented the City of Greater Sudbury on this appeal from a motion adding it as a defendant in an action arising from a serious motor vehicle accident. The court reversed the motion decision and held that the proposed claim against the City was barred by the 10-day notice period in the Municipal Act. The court also provided helpful guidance on the application of the Limitations Act where a litigation guardian is involved. The co-defendant's application for leave to appeal to the Supreme Court of Canada was dismissed.

  • R. v. Bingley (2017, S.C.C.): Stuart acted for the intervener, Canadian Civil Liberties Association, in an appeal regarding the Criminal Code provisions with respect to evaluation of drug-impaired driving.

  • Rausch v. City of Pickering (2017, S.C.J.): Stuart successfully defended the municipality at trial in an action alleging that negligent enforcement of a bylaw caused the plaintiff to kill a number of wild boars on her property resulting in economic loss of approximately $2 million. The plaintiff also alleged malicious prosecution in connection with a charge under the bylaw. All claims were dismissed and the court expressed significant difficulty with the plaintiff’s credibility.

  • 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.

  • Imola v. Gore Mutual Insurance Company (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.

  • Demets v. County of Brant (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 contractor owed a duty to defend a claim in which the plaintiff was allegedly rendered paraplegic in a cycling accident. Also obtained an order that the insurer pay full indemnity costs.

  • Mannen v. Brant (2011, S.C.J.): Stuart acted for the successful third party in obtaining summary judgment dismissing the third party claim as statute-barred.

  • Rekela-Morrish v. City of Timmins (2011, S.C.J.): Stuart successfully defended the City at trial against a claim of alleged roadway non-repair.

  • Alves v. Caston (2010, C.A.): Stuart acted for the successful respondent, on an appeal which affirmed the enforcement of a settlement that included a provision that the opposing party sign a Release.

  • Bilotta v. Barrie Police (2010, S.C.J.): Stuart acted for the successful defendants on a motion to strike improper allegations against the Police Services Board.

  • Deering et al. v. Scugog et al. (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.

  • Herbert v. Brantford (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.

  • Alexis v. Darnley (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 Charter. The appellant's application for leave to appeal to the Supreme Court of Canada was dismissed. 

Selected Presentations/Publications

  • Presenter, “(Un)reasonable Users & Human Factors: s. 44 Update”, Lerners LLP Municipal and Public Entity Risk Conference, April 25, 2025

  • Presenter, “Medical-Legal Risks of Residency”, University of Toronto Faculty of Medicine, February 11, 2025

  • Co-Presenter, “Police Liability: An Overview”, International Municipal Lawyers Association (IMLA) Annual Conference, September 26, 2024

  • Presenter, “Defending Institutional Sexual Abuse Claims”, Lerners LLP Municipal and Public Entity Risk Conference, April 18, 2024

  • Co-Presenter, “In the Line of Duty: Defending our First Responders”, Lerners LLP Municipal and Public Entity Risk Conference, April 18, 2024

  • Presenter, “Medical-Legal Risks of Residency”, University of Toronto Faculty of Medicine, February 6, 2024

  • Panelist, “Dealing Effectively with Concurrent Regulatory, Civil, Hospital Privileges and/or Criminal Proceedings”, The Osgoode Certificate in Professional Regulation & Discipline in the Ontario Health Care Sector, November 15, 2023

  • Co-author with C. Kirk Boggs, “Chapter 5 – The Law of Law Enforcement: A Primer” in Annual Review of Civil Litigation – 2023 (editor: The Honourable Justice Darla A. Wilson), Thomson Reuters, October 2023

  • Presenter, “Medical-Legal Risks of Residency”, University of Toronto Faculty of Medicine, April 4, 2023

  • Presenter, “Defending Sexual Abuse Claims: An Overview”, Society of Public Insurance Administrators of Ontario (SPIAO), December 2, 2022

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, February 25, 2022

  • Presenter, “4th Annual Update on Civil Litigation”, Canadian Bar Association Law Series, September 15, 2021

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, March 3, 2021

  • Presenter, “Update on Key Civil Litigation Cases Across Canada”, Canadian Bar Association Law Series, September 15, 2020

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, January 8, 2020

  • Presenter, “Annual Update: Key Civil Litigation Cases in Canada”, Canadian Bar Association Webinar Series, September 24, 2019

  • Presenter, “Waiver of Solicitor-Client Privilege: Tips and Traps”, The Canadian Bar Association, April 30, 2019

  • Presenter, “This Year’s Need-to-Know Government Liability Cases”, the Canadian Institute’s 25th Annual Provincial/Municipal Government Liability Conference, April 2, 2019

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, January 9, 2019

  • Co-Presenter, “Update on Key Civil Litigation Cases Across Canada”, Canadian Bar Association Webinar Series, November 8, 2018

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, January 11, 2018

  • Panelist, “Mastering Winning Discovery Techniques”, The Advocates’ Society, October 30, 2017

  • Presenter, “Police Liability”, Society of Public Insurance Administrators of Ontario (SPIAO), September 22, 2017

  • Co-author with C. Kirk Boggs, “Hill v. Hamilton-Wentworth Regional Police Services Board: A Review of the Tort of Negligent Police Investigation 10 Years Later”, Municipal Liability Risk Management, May 2017

  • Presenter, “Transition to Residency: Medical-Legal Issues”, University of Toronto Faculty of Medicine, January 11, 2017

  • 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, “Battle of the Forms: An overview regarding authorizations to conduct independent medical examinations”, Canadian Defence Lawyers Annual Accident Benefit Symposium, April 25, 2013

  • Presenter, “Expert Evidence: An Overview”, Ontario Association of Landscape Architects, January 20, 2012

  • "The uncertain boundary between complaints and lawsuits against police”, The Lawyers Weekly — Focus on Civil Litigation, May 27, 2011

  • 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”, The Lawyers Weekly — Focus on Constitutional Law, April 16, 2010

  • Co-author with Jasmine Akbarali, “Limitation periods curb delay — not rights”, The Lawyers Weekly — Focus on Civil Litigation, September 3, 2010

Memberships

  • Law Society of Ontario

  • Canadian Bar Association

  • The Advocates' Society

Education

  • Admitted to Ontario Bar (2005)

  • Bachelor of Laws, University of Manitoba (2004)

  • Bachelor of Arts, University of Manitoba (2001)

Executive Summary

Executive Summary

Stuart Zacharias is a partner in Lerners’ Toronto office and a member of its Appeals, Health Law, Professional Regulation, and Specialty Risk and Insurance groups. He is certified as a specialist in civil litigation by the Law Society of Ontario and is a past chair of the National Civil Litigation Section of the Canadian Bar Association.

Stuart has been lead counsel on numerous trials and appeals. He has acted in matters before the Superior Court of Justice, Divisional Court, and Court of Appeal for Ontario, as well as the Supreme Court of Canada. He regularly writes and presents on a variety of civil litigation topics.

Executive Summary

Stuart Zacharias is a partner in Lerners’ Toronto office and a member of its Appeals, Health Law, Professional Regulation, and Specialty Risk and Insurance groups. He is certified as a specialist in civil litigation by the Law Society of Ontario and is a past chair of the National Civil Litigation Section of the Canadian Bar Association.

Stuart has been lead counsel on numerous trials and appeals. He has acted in matters before the Superior Court of Justice, Divisional Court, and Court of Appeal for Ontario, as well as the Supreme Court of Canada. He regularly writes and presents on a variety of civil litigation topics.

Practice Areas

Practice Areas

Practice Areas

Achievements

Achievements

Achievements

Noteworthy Cases

Noteworthy Cases

Noteworthy Cases

Selected Presentations/Publications

Selected Presentations/Publications

Selected Presentations/Publications

Memberships

Memberships

Memberships

Education

Education

Education

CONTACT

CONTACT

Fax:

416.867.2451