Stieber Berlach
Grant Ferguson
Back to team

Grant Ferguson

Tel: 416.594.4682

With a background in medical sciences and a degree in pharmacology, Grant is able to knowledgeably communicate with medical professionals and effectively present their unique points of view.

Biography

GRANT FERGUSON is an experienced hearing and appellate lawyer with a focus on Administrative Law, Tribunal litigation (including the HRTO) and representation of professionals at their Colleges. Grant’s background is in the medical sciences with experience in nursing. This allows him to communicate with medical professionals effectively and to present their unique points of view to others.

Grant’s calm and professional demeanor has forged a reputation for excellence in mediation, the arbitration of disputes and the resolving of complex legal cases inside and outside of Court. Grant has extensive hearing and trial experience and numerous reported decisions at Tribunal and Appellate level courts.

Grant represents major corporate clients and employers in matters of property and casualty litigation, employment and privacy issues and advises on loss prevent, cyber liability and contractual issues across Canada.

Grant has argued before most of the Regulated Health Professional Colleges in Ontario. He has also successfully defended such matters at the Health Professions Appeal and Review Board. Grant has appeared and won cases many times at the Human Rights Tribunal of Ontario, the Superior Court of Justice for Ontario, the Court of Appeal and has made successful submissions at the Supreme Court of Canada.

Grant is a frequent presenter and lecturer. He has been actively involved for many years in the University of Toronto mooting program as a mentor and evaluator. He has given numerous presentations to clients, lawyers and before professional bodies on his areas of expertise including legislative regulation, privacy law, HRTO cases, tribunal decision and appeals.

Grant is a member of the Canadian and Ontario Bar Associations, the Toronto Lawyers Association and MENSA. Grant is also a second degree black belt instructor at Northern Karate Schools.

Grant has been recognized by Best Lawyers in Canada for Personal Injury Litigation.

Representative Work

Court Matters

  • Successful Superior Court Rule 21 motion, sizeable cost award, and further successful Court of Appeal dismissal of malicious prosecution lawsuit against Police Service. Yadeta v. Peel (Municipality) Police Service Board), 2024 ONCA 341.
  • Successful summary judgment on issue of occupier’s rights and standard of care applicable to malls. Referenced in National Post https://nationalpost.com/tag/sandra-cartini. Cartini v 156 Square One Ltd., 2016 ONSC 8151 (CanLII)
  • Successful striking of Human Rights Application for delay. Use of s. 34 of the Code to strike human rights applications. Christie v. Lance Krasman Memorial Centre for Community Mental Health, 2014 HRTO 161 (CanLII)
  • Use of Anns test to dismiss and/or re-define a “per quod” action with the striking of claims on basis of duty of care. Murray v. Children’s Centre Thunder Bay & Murray, 2011 ONSC 520 (CanLII)
  • Successful summary judgment motion, striking plaintiff’s claim and defining standard to be applied for such a successful defence. Bouzide v. HMQ et al., 2010 ONSC 4140
  • Successful motion brought to determine the role and importance of litigation guardians in litigation. Murray v. Children’s Centre Thunder Bay, 2010 ONSC 845

 

Administrative and College Matters

  • Successful contested motion to strike Human Rights Application on limitations. Crites v. Thunder Bay Regional Health Sciences Centre 2022 HRTO 1043
  • Successful defence of counsellors in integrity commissioner review. Pinto v. Anderson et al 2022 ONMIC 14
  • Successful defence of the actions of public health nurses and solidifying the standards of appeal applicable to College appeals. J.P. v. E.M. 2021 CanLii 7968
  • Successful defence of allegations of abuse to avoid suspension and impact to nursing license. CNO v. Kerr 2020 CanLII 121145
  • Successful defence and defining the standard of review on appeal for administrator RN. R.M. v. C.C. 2020 CanLII 65932 (HPARB)
  • Successfully defended continued practice notwithstanding criminal convictions including non-reporting of criminal allegations.  Narrowed punitive range for criminal conviction cases to allow nurses to continue their license and livelihood. CNO v. Marr 2019 CanLII 129291
  • Successfully allowed continued practice, withdrawing of serious complaints and protection against criminal charges.  Redefined ranges of damages to support a nurse’s continued access to practice. CNO v. Tugade 2018 CanLII 129013
  • Successful defence on appeal on standard of care in retirement homes for administrator RNs. J.J. v B.M., 2018 CanLII 61058 (ON HPARB)
  • Successful defence on appeal on standard of care in retirement homes for manager RNs. J.J. v R.M., 2018 CanLII 61065 (ON HPARB)
  • Successful defence on appeal of standard of care in half-way houses. B.B. v L.L., 2017 CanLII 10444 (ON HPARB)
  • Successful defence on appeal on obligation of defence OT’s to produce records to plaintiff’s counsel. K.L. v V.T., 2017 CanLII 80945 (ON HPARB)
  • Allowed continued practice following assault conviction.  Kept penalty low through educational remedies and submissions. Lauzon ats CNO 2017 CanLII 70678
  • Set standard for cases for patient safety and standards of reporting.  Also lowered penalty standard by expanding non-punitive remedies available to College. Fisher v. St. Joseph’s 2017 CanLII 49375
  • Successful defence on appeal of insurance-defence Occupational Therapist standard of practice  E.B. v V.T., 2016 CanLII 8307 (ON HPARB)
  • Successful defence on appeal of insurance-defence Occupational Therapist standard of practice. R.D.B. v V.T., 2016 CanLII 8308 (ON HPARB)
  • Successful defence on appeal on standard of care of nurses in violence situations at work. KAR v SH, 2011 CanLII 56579 (ON HPARB)
  • Successful defence on appeal of standard of care in dental hygiene. JO v JF, 2011 CanLII 80669 (ON HPARB)
  • Successful Appeal defence of College’s authority over definitions of confidentiality in practice. D.V. v. K.J., 2011 CanLII 11602 (ON HPARB)

 

Other

  • From 2005-2024, Over 400 total cases defended protecting RN and RPN nurses’ rights and careers at the College of Nurses
  • In each case, subject to varying facts in each, there has been a successful resolution of matters allowing nurses to continue their practice through ADR, mediation, ICRC, Fitness to Practice and Disciplinary defences
  • Successfully Conducted first online hearing at the College of Nurses of Ontario in 2020
  • Successfully Conducted first Zoom and Caselines operated hearing at College of Nurses of Ontario
  • Pioneered first mediation ADR process at College of Occupational Therapists of Ontario
  • Successful defences of more than 50 other professional college matters before the College of Occupational Therapists of Ontario, College of Pharmacists of Ontario, College of Chiropodists of Ontario College of Physiotherapists of Ontario and the College of Registered Psychotherapists of Ontario
  • Successful defences at Court of Appeal of Ontario in issues of standards for summary judgment, litigation guardians, Rule 20 and 21 motions and successful leave defences at the Supreme Court of Canada

Speaking Engagements

  • Cyber Liability Panel Speaker-OBA Insurance Law Section May 2024
  • Cyber Liability: updates in legal issues, 2024
  • Ethical Dilemmas in Civil Practice 2022, 2023, 2024
  • College and Regulatory Updates and Developments  2023
  • Reptile Theory and application to assessment of risk, May 2022
  • Rules 48 and 24 and dismissals for Delay, 2022
  • Human Rights Decisions in Age of COVID, 2021
  • Developments in Sports and Recreation Law, First Annual Stieber Berlach Webinar, 2020
  • Human Rights Update – Where Might this Lead?, Insurance Symposium, 2019
  • Occupier’s Liability Developments, Client Seminar, 2019
  • Settlement strategies, OBA Insurance Law Sections, 2019
  • Negligent Investigation, Insurance Symposium, 2018
  • International Conference of Shopping Centers, Principal Speaker, 2017
  • Causation in Tort, Client Seminar, 2017

Publications

  • Case updates and summaries, Stieber Berlach website, 2021
  • “2020 Developments in Sports and Recreation Law,” paper and legal review, 2019
  • “Human Rights Damages Updates and Liabilities,” 2019
  • “Settlement Options,” Ontario Bar Association Insurance Law Section Institute, 2019
  • “Tort Issues in Landlord and Tenant Situations,” International Conference of Shopping Centers, 2017
  • “A liposomal hydrogel for the prevention of bacterial adhesion to catheters,” Biomaterials, Volume 19, Issue 20

Education

  • BSc. Pharmacology Honours (with High Distinction), University of Toronto
  • J.D. (with Distinction), University of Toronto
  • Certificate in Adjudicative Tribunals, Ontario Bar Association
  • MENSA Member
  • Masters Member, Northern Karate Schools
  • Admitted to the Ontario Bar, 2005