Stieber Berlach
Jessica DiFederico
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Jessica DiFederico

Tel: 416.594.4686

Jessica is able to distill complex legal and factual matters into clear and persuasive arguments.

Biography

JESSICA DIFEDERICO is able to distill complex legal and factual matters into clear and persuasive arguments. She maintains a broad-based litigation practice with a focus on health law, professional liability, and Directors and Officers liability. Her practice includes the defence of class actions, mass torts, sexual assault claims, employment disputes, defamation claims, and human rights applications.

Jessica has represented clients and been involved in files before various courts and administrative tribunals, including the Court of Appeal for Ontario and the Supreme Court of Canada.

Jessica is a member of the Advocates’ Society and the Ontario Bar Association. She obtained her Juris Doctor from Osgoode Hall Law School and her B.A. (Hons.) in English and History from York University. Prior to joining Stieber Berlach, Jessica completed her articles as a judicial law clerk for the Justices of the Superior Court of Justice, Central East Region.

Jessica’s volunteer work includes serving as a member of the Research Ethics Bord for University Health Network and chairing the Advocates’ Society’s Personal Injury and Insurance Practice Group.

Representative Work

  • Successful summary hearing dismissing the application which alleged discrimination in housing and employment on the basis of sexual orientation. Winterburn v. Dynasty Shared Facilities Amenities Committee, 2021 HRTO 47
  • Acted for an employer on a successful summary hearing, dismissing the application as an abuse of process. Bannister v. Hatch Corporation, 2020 HRTO 153
  • Represented defendants on a motion for summary judgment involving an alleged fraudulent conveyance. Studio Pyramid Inc. v. Raffan, 2020 ONSC 1476
  • Successful defence of hospital at trial and on appeal where the plaintiff alleged delayed diagnosis of sepsis. White v. St. Joseph’s Hospital (Hamilton), 2019 ONCA 312
  • Successful summary judgment motion and appeal, dismissing the action on the basis that it was beyond the limitation period. Hopley v. Health One Physio Inc., 2019 ONCA 183
  • Acted as counsel for a hospital on a long and complex medical malpractice trial and appeal. Ghiassi v. Singh, 2018 ONCA 764
  • Acted for a university student association on a successful motion dismissing defamation claim under the Anti-SLAPP provisions. Dosman v. Wilfrid Laurier University Graduate Students’ Association, 2018 ONSC 2075
  • Acted for housing provider in successfully having the application dismissed on the basis of delay and abandonment. T.A. v. Houselink Community Homes, 2016 HRTO 1357
  • Successfully defended a non-profit organization at a hearing where applicant alleged discrimination in termination from employment. Bell v. St. John Ambulance, 2015 HRTO 1009
  • Successful summary dismissal of application alleging discrimination with respect to services because of sex, on the basis that the allegations had no evidentiary basis. Melo v. Barrie Police Services Board, 2015 HRTO 416
  • Successful motion for dismissal of the plaintiff’s claim on the basis that while Ontario had jurisdiction over the dispute there was another, more convenient forum. Kozicz v. Preece, 2013 ONSC 2823

 

Other Representative Work

  • Represents Ontario children’s aid societies in proposed class action pertaining to birth alerts.
  • Represents multiple children’s aid societies in litigation alleging that the agency failed to conduct appropriate investigation into alleged mistreatment of children. This includes litigation arising from the Motherisk program at the Hospital for Sick Children.
  • Represents hospitals and nurses against various allegations of medical negligence
  • Represents various institutions facing allegations of sexual abuse and harassment.
  • Represents manufacturers of medical mesh in various actions alleging negligent manufacture, design and marketing
  • Represents multiple Children’s Aid Societies against allegations of improper investigations
  • Represents various long-term care homes in litigation alleging negligence in treatment of residents, including in mass tort litigation
  • Represented a large, not-for-profit arts company against allegations of sexual harassment in the workplace
  • Represents various healthcare professionals (including nurses, physiotherapists, denturists, naturopaths, chiropractors) including in litigation and in matters before their professional College.
  • Represents employers in both civil litigation and applications before the Human Rights Tribunal of Ontario
  • Represents condominium corporations against various allegations of negligence as well as in applications before the Human Rights Tribunal of Ontario

Speaking Engagements

  • Med Mal 101, Steiber Berlach LLP in-house session, 2024
  • Nervous Shock Claims – Developments in Duty of Care, Stieber Berlach LLP Insurance Law Seminar, 2022
  • Causation at the Court of Appeal:White v. St. Joseph’s Hospital (Hamilton), Medico-Legal Society of Toronto, 2019
  • Update on Limitation Periods – Where have we been and where are we headed?,Stieber Berlach LLP Insurance Law Update Seminar, 2019
  • The Supreme Court of Canada’s Decision in Saadati v. Moorehead, Stieber Berlach LLP Insurance Law Update Seminar, 2017
  • Surveillance – Update and Recent Caselaw, In-House Presentation for Insurance Company, 2017
  • Human Rights Law and Procedure, Stieber Berlach LLP in-house session, 2016

Publications

  • “Update on Limitation Periods – Where have we been and where are we headed?,” Stieber Berlach LLP Insurance Law Update Seminar, 2019
  • “Edwards v. McCarthy, 2019 ONSC 3925 – Disclosure of ‘Foundational Information’ to an Expert’s Report,” Stieber Berlach LLP Case Commentaries, 2019
  • “Cheesman v. Credit Valley Hospital: How much Expertise does an Expert Require?,” Stieber Berlach LLP Case Commentaries, 2019
  • “The Supreme Court of Canada Reinforces the Importance of Reasonable Foreseeability in the Duty of Care Analysis,” Stieber Berlach LLP Case Commentaries, 2018
  • “The Sound of Silence – The Ontario Court of Appeal Interprets Silence in a Termination Clause,” Stieber Berlach LLP Case Commentaries, 2018
  • “The Supreme Court of Canada’s Decision in Saadati v. Moorehead,” Stieber Berlach LLP Insurance Law Update Seminar, 2017
  • “Enforcement of Limited Liability Clauses,” OBA Civil Litigation Section Newsletter, 2015

Education

  • J.D., Osgoode Hall Law School
  • B.A. (Hons), York University
  • Admitted to the Ontario Bar, 2010