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Stuart Zacharias

Partner

130 Adelaide St. West, Suite 2400
Toronto, ON  M5H 3P5 Canada
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Work: 416-601-2648
Fax: 416-867-2451
E-mail Stuart for a consultation [javascript protected email address]

Professional history

  • Partner, Lerners LLP (2011 to present)
  • Appointed to the Research Ethics Board of Mount Sinai Hospital (2014)
  • Elected as an Executive Member of the National Civil Litigation Section of the Canadian Bar Association (2014-2015)
  • Associate, Lerners LLP (2007-2010)
  • Associate, Aikins, MacAulay & Thorvaldson LLP (2006-2007)
  • Judicial clerk to The Honourable Allan Lutfy, Chief Justice of the Federal Court (Ottawa) (2005-2006)
  • Articling student, Fraser Milner Casgrain LLP (Toronto) (2004-2005)
  • Stuart has appeared before the Superior Court of Justice, the Divisional Court, the Court of Appeal, and the Health Professions Appeal and Review Board of Ontario

Noteworthy cases

  • 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.

Achievements

  • Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada
  • 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.

Selected presentations/publications

  • 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)

Memberships

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

Complementary areas of practice

  • Insurance defence litigation
  • Health law
  • Defence of municipalities, police and other public authorities
  • Defence of personal injury claims
  • Defence of legal malpractice claims

Education

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