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STIEBER
BERLACH


Expert advocates, exceptional service.



Toronto 3200-130 Adelaide
Street West, M5H 3P5
 * Publications


ONE YEAR LATER: LOOKING BACK AT LOUIS V POITRAS

by Leigh Clark

Apr 7, 2022


About Our Firm


STIEBER
BERLACH


Stieber Berlach LLP has been a recognized leader in influential litigation
matters since its founding in 1997.

Routinely included in Canadian Lawyer’s annual list of Top Insurance Defence Law
Boutiques in Canada, we work closely with clients to achieve their litigation
goals and deliver outstanding client service.

Learn more

Services


OUR AREAS
OF PRACTICE


The breadth of Stieber Berlach’s insurance defence practice is unmatched.


APPELLATE ADVOCACY

Our in-depth legal research, persuasive written argument, and articulate and
engaging oral arguments all contribute to our successful appellate practice.

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AUTOMOBILE LIABILITY DEFENCE

Stieber Berlach’s Automobile Liability Defence general tort litigation includes
personal injury defence covering the spectrum – from mild impact soft tissue
injuries to catastrophic trauma…

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CLASS ACTIONS

These include COVID-19 in long-term care homes; listeriosis in tainted meat;
e-coli in municipal drinking water; negligently-designed medical products;
contaminated pet food; fires and explosions…

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CONSTRUCTION

We represent engineering companies, large and medium size general contractors,
architects, design professionals, project managers, construction managers and
small municipalities in the defence of claims…

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AUTO COVERAGE

We provide coverage advice on all aspects of personal and commercial automobile
policies of insurance. We also provide litigation services to insurers, act on
duty…

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DIRECTORS AND OFFICERS LIABILITY

Stieber Berlach has assisted directors and officers facing a variety of
litigation and legal issues, including those of large national corporations,
smaller companies, not-for-profits, and…

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EMPLOYMENT PRACTICES LIABILITY

Stieber Berlach has defended employers in various legal disputes, from class
actions alleging lack of compliance with provisions of the Employment Standards
Act to litigation…

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ENVIRONMENTAL & TOXIC TORTS

We have represented municipal entities, petroleum retailers, environmental
consultants and technicians in the defence of claims related to historic
contamination; spills; alleged negligence or errors…

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INSTITUTIONAL LIABILITY

The claims faced by institutions include non-provision of services, negligence
in service provision, and physical and sexual abuse. These organizations, often
established to provide education,…

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INSURANCE COVERAGE

We draw on our diverse experience to provide clients with focused, timely and
effective advice pertaining to a wide range of insurance and reinsurance
matters.…

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MEDICAL MALPRACTICE

We regularly act as counsel to hospitals, long-term care homes and other health
care institutions, guiding them through health law issues including medical
negligence litigation,…

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MUNICIPAL LIABILITY

For more than 20 years, we have represented municipal clients before all levels
of court, in liability claims arising from all facets of municipal activities,…

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NON-AUTO BODILY INJURY

Causes of action include assaults, abuse, slip and trip and falls, property
liability, product liability, defamation, professional liability, and any type
of accident that does…

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PRODUCTS LIABILITY

We have more than 20 years of experience representing product manufacturers in
claims related to alleged defects in manufacturing, process and design, failure
to warn,…

Learn more


PROFESSIONAL LIABILITY/ERRORS & OMISSIONS

We regularly handle claims against construction professionals, accountants,
paralegals, lawyers, real estate appraisers, mortgage brokers, insurance
professionals and more. Allegations of professional negligence are serious…

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PROPERTY

Our property practice both defends claims and prosecutes subrogate losses. We
have a depth of experience that is comprehensive and includes fire losses,
explosions, water,…

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TRANSPORTATION AND WAREHOUSE

Stieber Berlach lawyers have represented warehouse operators, common carriers,
freight forwarders and owners of cargo in cases involving land, air and marine
carriage. We are…

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TRIBUNAL/ADMINISTRATIVE LAW

Stieber Berlach has successfully defended our clients at the hearing level and
through to appeal. We represent professionals, organizations, government bodies
and a diverse group…

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OUR
LAWYERS


Ejona Xega

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Chris Afonso

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Grant Ferguson

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Andrea LeDrew

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OUR
LAWYERS




Highly regarded for their expertise in complex, sophisticated litigation, our
lawyers are vigorous, yet practical, advocates. We thrive on building strong and
lasting relationships with our clients, and are honoured that they consistently
return to us for advice and representation.

Meet our team

Opportunities


WANT TO JOIN OUR TEAM AS AN ARTICLING STUDENT, LAWYER OR MEMBER OF
ADMINISTRATIVE STAFF?



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Case Presentations & Commentaries


INSIGHTS & COMMENTARY


 * Commentaries


ONTARIO COURT OF APPEAL DECIDES “INNOCENT INSURED” LEGISLATION DOES NOT APPLY
RETROACTIVELY

By: Grace Murdoch Lin v Weng, 2022 ONCA 367 The Ontario Court of Appeal decided
in a 3-0 decision that the newly enacted s.129.1 of the Insurance Act[1] does
not apply retroactively to cover claims that were brought before the legislation
came into force. s.129.1 of the Insurance Act On April 30, 2018, s.129.1 of …
Continued

Nov 28, 2022


CHEMICAL SPILLS AND REMEDIATION COSTS: CAN AN INSURER DIRECTLY RECOVER FOR
REMEDIATION COSTS UNDER THE ENVIRONMENTAL PROTECTION ACT?

By: Lujza Csanyi The Ontario Court of Appeal in Intact Insurance Company v
Zurich Insurance Company Ltd.[1] considered whether Intact Insurance (“Intact”)
could recoup money it paid beyond its policy limits from parties other than its
own insured, by direct action, for the clean up of a chemical spill. This case
highlights that insurers, when … Continued

Oct 25, 2022


DUTY TO DEFEND: UNDERLYING FRAMEWORK AND JUDICIAL APPROACHES IN DUTY TO DEFEND
APPLICATIONS

By: Murray Stieber, Chris Afonso, Landan Peleikis Overview Liability insurance
policies can protect insureds against claims resulting from injuries and damage
to other people or property.[1] In addition to indemnifying insureds, many
liability insurance policies contain provisions requiring the insurer to defend
certain types of lawsuits brought against the insured – otherwise known as the …
Continued

Oct 19, 2022

by Murray Stieber Chris Afonso


NERVOUS SHOCK CLAIMS – DEVELOPMENTS IN DUTY OF CARE

By: Jessica DiFederico, Christian Breukelman and Grace Murdoch It goes without
saying that a traumatic or distressing event can cause somebody great stress and
anxiety, even if it did not cause them physical injury.  Such an injury is
described in the case law as “nervous shock”.  Nervous shock claims result from
mental or psychiatric injuries … Continued

Oct 19, 2022

by Jessica DiFederico Christian Breukelman


CONTRACTUAL LIABILITY EXCLUSIONS: HOW FAR DO THEY REACH?

By: Avi Sharabi and Lujza Csanyi Commercial operations by nature often involve
contracts, whether written or verbal. The commercial general liability (“CGL”)
policy’s standard form wording contains a contractual liability exclusion. The
exclusion is, on the one hand, often broadly worded. However, on the other hand,
it contains exceptions which carve back the exclusion in … Continued

Oct 19, 2022

by Avi Sharabi

 * Publications


MUNICIPAL ROAD DISREPAIR AND MOTOR VEHICLE ACCIDENTS: DOES DRIVER CONDUCT
MATTER?

By: Shadi Katirai and Michael Connolly Introduction Section 44(1) of Ontario’s
Municipal Act[1] imposes a duty on municipalities to keep highways and bridges
in a state of reasonable repair, while section 44(2) notes that municipalities
that fail to do so are liable under the Negligence Act[2] for damages that
people sustain because of that failure. … Continued

Oct 19, 2022

by Shadi Katirai Private: Michael Connolly

 * Commentaries


ONSC PROVIDES COMMENTARY ON STANDARD OF CARE FOR ANATOMIC PATHOLOGISTS IN CASES
OF DELAYED DIAGNOSIS

By Michael Valdez Introduction The Ontario Superior Court of Justice’s April
2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim[1] is a
noteworthy one. Not only does it provide a modern case study of the application
of the common law principles surrounding delayed diagnosis, but it also provides
new guidance … Continued

Oct 11, 2022
 * Publications


WHEN CRYPTOCURRENCIES AND INSURANCE POLICIES COLLIDE – THE D&O SECURITIES
EXCLUSION IN THE BLOCKCHAIN AGE

During the fall of 2020, when Ontarians were hunkering down for the second
COVID-19 pandemic wave, the Ontario Superior Court of Justice released its
decision in Kik Interactive Inc. v. AIG Insurance Company of Canada[1]. The
Court was tasked with interpreting whether the respondent insurer’s securities
exclusion worked to preclude coverage for cryptocurrency sales to … Continued

Jul 12, 2022
All News


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Accessibility StatementCompliance status

We firmly believe that the internet should be available and accessible to anyone
and are committed to providing a website that is accessible to the broadest
possible audience, regardless of ability.

To fulfill this, we aim to adhere as strictly as possible to the World Wide Web
Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA
level. These guidelines explain how to make web content accessible to people
with a wide array of disabilities. Complying with those guidelines helps us
ensure that the website is accessible to blind people, people with motor
impairments, visual impairment, cognitive disabilities, and more.

This website utilizes various technologies that are meant to make it as
accessible as possible at all times. We utilize an accessibility interface that
allows persons with specific disabilities to adjust the website’s UI (user
interface) and design it to their personal needs.

Additionally, the website utilizes an AI-based application that runs in the
background and optimizes its accessibility level constantly. This application
remediates the website’s HTML, adapts its functionality and behavior for
screen-readers used by blind users, and for keyboard functions used by
individuals with motor impairments.

If you wish to contact the website’s owner please use the website's form

Screen-reader and keyboard navigation

Our website implements the ARIA attributes (Accessible Rich Internet
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browse and operate your site effectively. Here’s how our website covers some of
the most important screen-reader requirements:

 1. Screen-reader optimization: we run a process that learns the website’s
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    These adjustments are compatible with popular screen readers such as JAWS,
    NVDA, VoiceOver, and TalkBack.
    
    
 2. Keyboard navigation optimization: The background process also adjusts the
    website’s HTML and adds various behaviors using JavaScript code to make the
    website operable by the keyboard. This includes the ability to navigate the
    website using the Tab and Shift+Tab keys, operate dropdowns with the arrow
    keys, close them with Esc, trigger buttons and links using the Enter key,
    navigate between radio and checkbox elements using the arrow keys, and fill
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    Additionally, keyboard users will find content-skip menus available at any
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    the focus to drift outside.
    
    Users can also use shortcuts such as “M” (menus), “H” (headings), “F”
    (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

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   use the website by eliminating the risk of seizures resulting from flashing
   or blinking animations and risky color combinations.
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   features to help users with cognitive disabilities such as Autism, Dyslexia,
   CVA, and others, to focus on the essential elements more easily.
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   read, and focus on the essential elements more easily.
 * Blind Users Profile (Screen-readers): this profile adjusts the website to be
   compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A
   screen-reader is installed on the blind user’s computer, and this site is
   compatible with it.
 * Keyboard Navigation Profile (Motor-Impaired): this profile enables
   motor-impaired persons to operate the website using the keyboard Tab,
   Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M”
   (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to
   jump to specific elements.

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 2. Color adjustments – users can select various color contrast profiles such as
    light, dark, inverted, and monochrome. Additionally, users can swap color
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    of a button. Animations controlled by the interface include videos, GIFs,
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