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 manners 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 both 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.
- Successfully argued that a defamation claim in the context of a condominium community should be dismissed summarily on the basis of qualified privilege. Maltese v. Crossbridge Condominium Services Ltd. (unreported).
- Successfully defended a paralegal and his firm against allegations of breach of contract and negligence as lead counsel at trial. van Woudenberg v. Norman (unreported).
- Successfully argued that Family Law Act claims 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.
- Successfully argued that the right to sue of a worker’s estate was taken away by the Workplace Safety and Insurance Act as against his employer and the occupier of the lands on which a workplace accident took place. 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.
- Successfully argued that a covenant to insure prevented the addition of a landlord as a third party to a claim by its tenant. Nuyork Investments Limited v. Toronto Hydro-Electric System Ltd., 2021 ONSC 3235.
- Successfully argued that the right to sue a structural engineer following 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.
- Successfully 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).
- 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.