Christian Breukelman

Trials

• Christian has both defended and prosecuted several actions at trial as lead counsel, including construction cases, professional liability matters, and personal injury claims.
• Successfully defended a contractor against a negligence claim arising from a garage build complicated by unforeseen site conditions as lead counsel at trial. The action against it was dismissed and the contractor’s counterclaim for unpaid work on the site was granted with costs and interest.  Almeida v. Cardinal Builders (2025, unreported).
• Represented a church in an occupiers’ liability case as lead counsel at trial following an assault that occurred at one of its volunteer led drop-in programs: Davidson (Family of) v. Cummer Avenue United Church, 2025 ONSC 3841.
• 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 (2022, unreported).
• 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 (2018, unreported).

Tribunals / Regulatory Proceeding

• Christian is experienced representing clients at the Human Rights Tribunal of Ontario, the License Appeals Tribunal, the Condominium Authority Tribunal, the Condominium Management Regulatory Authority of Ontario, and the Workplace Safety and Insurance Appeals Tribunal.
• Obtained an order from the Condominium Authority Tribunal requiring a resident of a condominium building with a ‘no pets’ rule to remove four animals from his unit: York Condominium Corporation No. 288 v. Archambeau, Sardouk, 2025 ONCAT 137.
• Successfully moved for 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.
• 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.
• 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.

Motions

• Christian regularly argues motions in Superior Court, including motions for summary judgment, motions for injunctive relief, certification motions, and motions to strike pleadings.
• Responded to an urgent motion for injunctive relief to stay the operation of a shotgun clause and to reinstate the contracts of an employee/contractor who had been terminated: Bullock v. Reg Ward (2025, unreported).
• Successfully resisted certification of a class action involving the use of seclusion and restraints in a psychiatric facility and obtained one of the largest costs awards following a certification motion in Ontario: Stolove v. Waypoint Centre for Mental Health, 2024 ONSC 3639 and 2024 ONSC 4558.
• 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.
• 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 obtained disclosure of information relating to the identification and composition of certain pharmaceuticals required to defend a large insurance claim: Shoppers Drug Mart Corporation v. Aviva Insurance Company of Canada, 2022 ONSC 2342.
• 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 an order deeming a self-represented litigant to be under a disability and requiring the appointment of the Public Guardian and Trustee as litigation guardian: Tehrani v. Condominium Corporation No. 1476 (unreported).
• 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.
• 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.

Appeals

• Successful on an appeal involving a class action relating to the use of seclusion and restraints in a psychiatric facility: Stolove v. Waypoint Centre for Mental Health, 2025 ONCA 376.
• Represented a property manager before a panel of five judges 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.

• 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.

• 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.

• Juris Doctor, Queen’s University
• B.A. (Hons), Bioethics, Victoria College at the University of Toronto
• Admitted to Ontario Bar, 2017