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.
The breadth of Stieber Berlach’s insurance defence practice is unmatched.
Our in-depth legal research, persuasive written argument, and articulate and engaging oral arguments all contribute to our successful appellate practice.Learn more
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…Learn more
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…Learn more
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…Learn more
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…Learn more
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…Learn more
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…Learn more
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…Learn more
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,…Learn more
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.…Learn more
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,…Learn more
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,…Learn more
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…Learn more
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…Learn more
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,…Learn more
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…Learn more
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…Learn more
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.
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Insights & Commentary
A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada By: Thomas Russell Background As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 … Continued
Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties
Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties By: Michael A. Valdez Introduction In the recent decision of Musa v. Carleton Condominium Corporation No. 255, the Ontario Court of Appeal offers clear guidance as to how long a … Continued
The Question of Coverage for Innocent Passengers in Stolen Vehicles: A Review of the 2023 Ontario Court of Appeal Decision in Burnham v Co-operators General Insurance Company
By Thomas Russell Background On August 25, 2014, Joshua Burnham was asleep in the back of a stolen pickup truck when it was involved in a motor vehicle accident, tragically killing the driver and front-seated passenger of the vehicle. Arising out of this horrible situation was the question of who should cover the damages that … Continued
Causation and Foreseeability in Case v Pattison: Negligent Inspections Conducted by an Intervening Party do not Negate the Liability of a Preceding Tortfeasor
By: Zachary Sherman Introduction In the May 2023 decision of Case v. Pattison, the Ontario Court of Appeal (“ the Court”) provided clarification on the foreseeability and causation analysis to be applied where an intervening party negligently performs their duty to inspect the work of a preceding tortfeasor. In conducting their analysis, the Court concluded … Continued
Falling off the Priority Ladder: ONCA Denies Attempt to Import Causation Requirement into s. 268(2) of the Insurance Act, and Clarifies the Difference Between “Incident” and “Accident”
by Michael A. Valdez Introduction The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable … Continued
The Ontario Court of Appeal Highlights Key Considerations in Bringing Jurisdictional Challenges: Breaking Down the Decision in Black & McDonald Limited v. Eiffage Innovative Canada Inc., 2023 ONCA 91
In this rapidly evolving age of globalization, interjurisdictional collaboration on projects has never been easier. By the same token, there has never been more potential for interjurisdictional disputes regarding those projects. When a court’s intervention becomes necessary, litigants must first solve the dilemma: which court? Three tests can be used to answer this question, and … Continued
From Settlement to Stay: The Ontario Court of Appeal Affirms the Importance of Prompt Disclosure of Settlement Information to Related Parties
In its recent decision, Skymark Finance Corporation v Ontario, 2023 ONCA 234, the Ontario Court of Appeal took the opportunity to comment on the importance of immediate disclosure of settlement minutes to other parties in an action and to clarify the meaning of the phrase “to change the entirety of the litigation landscape”. The Immediate … Continued
When are Insurers Required to Provide Medical Reasons for the Denial of Statutory Accident Benefits?
An insurer may discontinue an insured’s entitlement to benefits under the Statutory Accident Benefits Schedule (“the SABS”) pursuant to any of the specified grounds enumerated under section 37(2). If the insurer determines that the insured is ineligible for benefits on the basis of any of these grounds, section 37(4) requires the insurer to provide notice, … Continued