Christian Breukelman
Tel: 416.594.4689 Email: cbreukelman@sblegal.caWhile some of the best outcomes for Christian’s clients are negotiated quickly and outside of the courtroom, he is comfortable and experienced representing his clients’ interests in court – and is eager to do so.
Informations about
Biography
CHRISTIAN BREUKELMAN has a diverse litigation practice, focusing on the defence of a broad range of professionals as well as directors and officers. While some of the best outcomes for Christian’s clients are negotiated quickly and outside of the courtroom, he is comfortable and experienced representing his clients’ interests in court – and is eager to do so.
Christian has advocated for his clients’ interests before all levels of court in Ontario and before the Federal Court. He represents clients in all sorts of actions including commercial disputes, medical malpractice claims, professional negligence claims, condominium litigation, and employment matters. His practice has led him to represent his clients at trials, routinely argue complex motions and applications, and conduct appeals before the Divisional Court and the Court of Appeal for Ontario. He also has also appeared before several tribunals, including the Human Rights Tribunal of Ontario, the Workplace Safety and Insurance Appeals Tribunal, and the Condominium Authority Tribunal.
Outside of the courtroom, Christian is an engaged member of the legal community. He often presents to his clients on emerging issues in civil litigation and authors a chapter of Civil Practice & Procedure in Ontario. He is a member of the Toronto Lawyers Association, the Professional Liability Underwriting Society, and the Advocates Society.
Representative Work
- Obtained a dismissal of a complaint to the Human Rights Tribunal of Ontario on the basis that it had no jurisdiction over disputes between neighbours in a complex of condominium townhomes. Ristic v. Gallo, 2024 HRTO 567.
- Represented a property manager in a complaint before the Condominium Management Regulatory Authority of Ontario, which resulted in its dismissal.
- Moved to strike a defamation claim in the context of a condominium community on the basis of qualified privilege resulting in the dismissal of the action and an elevated costs award. Maltese v. Crossbridge Condominium Services Ltd., 2022 CanLII 139323.
- Successfully defended a paralegal and his firm against allegations of breach of contract and negligence as lead counsel at trial and obtained an elevated costs award. van Woudenberg v. Norman (unreported).
- Brought a successful summary judgment motion dismissing Family Law Act claims that could not be sustained following a determination by the Workplace Safety and Insurance Appeals Tribunal that the injured party had no right to sue. Sigurdson v. Norbord, 2022 ONSC 4658.
- Successfully argued for the dismissal of an action in Federal Court that should have been brought by way of judicial review instead. Van Sluytman v. Canada, 2022 FC 545.
- Obtained a determination by the Workplace Safety and Insurance Tribunal that the right to sue of a worker’s estate was taken away by the Workplace Safety and Insurance Act as against his employer following a workplace fatality. Decision No. 996/21, 2022 ONWSIAT 27.
- Successfully argued that the negligence claims of family members who did not witness a workplace fatality should be struck under Rule 21 for lack of duty of care and for public policy reasons. Sigurdson et al v. Norbord Inc. et al, 2021 ONSC 5193.
- Prevented the addition of our landlord client as a third party in a claim brought by its tenant on the basis of a covenant to insure. Nuyork Investments Limited v. Toronto Hydro-Electric System Ltd., 2021 ONSC 3235.
- Obtained a determination that the right to sue a structural engineer following a workplace fatality caused by the collapse of a mast climber was taken away by the Workplace Safety and Insurance Act. Decision No. 652/20, 2021 ONWSIAT 471.
- Represented a property manager on an appeal of motion to dismiss the action against it as a nullity on the basis that the condominium corporation failed to comply with the notice requirements of Condominium Act prior to the commencement of action. York Region Standard Condominium Corporation No. 1206 v. 520 Steeles Developments Inc., 2020 ONCA 63 on appeal from 2019 ONSC 2991.
- Successfully argued a motion to dismiss a claim against an expert witness in respect of testimony given in a previous proceeding. B. v. Ontario (Child and Youth Services), 2019 ONSC 2734.
- Defended a hospital and nurse at a complex medical malpractice trial involving allegations following a difficult labour and delivery. The plaintiffs’ action was dismissed on both standard of care and causation. Paul v. St. Joseph’s Health Care London (unreported).
Speaking Engagements
- Duty of Care in Fatality Claims, Stieber Berlach LLP Insurance Law Update Seminar, 2022.
- Evidence and Fairness in Summary Judgment, Stieber Berlach LLP Insurance Law Update Seminar, 2019.
Publications
- Civil Procedure & Practice in Ontario (CPPO), Chapter 29 – Third Party Claim.
- Duty of Care in Fatality Claims, Stieber Berlach LLP Insurance Law Update Seminar, 2022.
- Evidence and Fairness in Summary Judgment, Stieber Berlach LLP Insurance Law Update Seminar, 2019.
- “Punitive Damages”, Stieber Berlach LLP Insurance Law Update Seminar, 2017.