Katherine Di ‎Tomaso
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Katherine Di‎ Tomaso

Tel: 416.594.4692

Katie is an active listener, an articulate communicator, and a persuasive lawyer who aids her clients in making decisions and managing conflict with integrity.

Informations about

Biography

KATIE DI TOMASO is a knowledgeable and trusted civil litigator at Stieber Berlach LLP with over 19 years of practical experience acting for insurers, businesses, governments, public entities such as children’s aid societies, and individuals in defending complex tort litigation matters including: personal injury, occupiers’ liability, motor vehicle litigation, municipal liability, professional negligence, product liability, directors’ and officers’ liability, property loss, disability claims, health matters, subrogation matters, human rights complaints, employment practices, workplace investigations, bankruptcy and insolvency, commercial litigation, defending insurance coverage claims, and providing insurance coverage opinions.

Katie has appeared as lead counsel at the Ontario Court of Appeal, Superior Court of Justice, Federal Court of Canada, Small Claims Court, Human Rights Tribunal, and various Tribunals governing self-regulated health care professionals, both in person as well as virtually.

Katie is known for her outstanding client service, keen problem-solving abilities, sound judgment, and utilizing technology within her practice. Katie is an active listener, an articulate communicator, and a persuasive lawyer who aids her clients in making decisions and managing conflict with integrity. Clients retain Katie for her skillful application of civil litigation tools to provide solutions and resolve their legal issues.

Graduating from University of Toronto (with High Distinction) and Western University Faculty of Law, Katie possesses a strong commitment to academic and intellectual excellence and has earned numerous scholarships and awards including a Governor General’s Medal for academic excellence, Silver Medalist from University of Toronto, Cressy Leadership Award, Bereskin & Parr LLP Prize for Intellectual Property Law, and the CBIA’s Wilcox Award for national excellence in Insurance Law.

Katie has demonstrated a commitment to legal writing on civil litigation issues and has recently published chapters contained within civil litigation publications including Annual Review of Civil Litigation (Carswell: 2018) and Civil Procedure and Practice in Ontario (CanLII: 2021, 2022, 2023).

Katie gives back to her legal community and community at large serving as the elected OBA Insurance Law Section Chair, Lincoln Alexander School of Law Civil Procedure Mentor Instructor and skills evaluator, Tort Law Moot executive committee, lecturer, mentor, moot judge, mock trial judge, published author, and Board Member for a children’s not-for-profit where she has acted as a significant fundraiser and advocate. In 2022, Katie was awarded a Queen Elizabeth II’s Platinum Jubilee Award recognizing her significant civic contributions.

Representative Work

Significant cases where Katie appeared as counsel include the following:

Personal injury

  • Successfully defended insurers, businesses, governments, public entities, and individuals in complex bodily injury claims and wrongful death claims arising from motor vehicle accidents, occupiers’ liability incidents, product liability claims, alleged professional negligence, and alleged municipal negligence

Motor vehicle accidents

  • Successfully defended owners and/or operators of motor vehicles involved in collisions
  • Successfully defended insurers in claims involving uninsured, underinsured, or unidentified motorists
  • Successfully defended motor vehicle manufacturers and dealers in product liability actions arising from motor vehicle accidents
  • Successfully defended municipalities in motor vehicle accidents on municipal roadways

 

Occupiers’ Liability

  • Successfully represented property owners, maintenance contractors, property managers, general contractors, subcontractors, and security services in defending actions for injuries at commercial or residential premises and advised clients on waiver of liability issues\
  • Successfully represented conservation authorities for injuries and incidents occurring on their premises and building issues on floodplains

 

Municipal Liability

  • Successfully represented municipalities and maintenance contractors on non-repair of roadways, snow and ice accumulation on sidewalks, trip hazards on sidewalks, drowning hazards, sewer backup, approval of subdivisions, and by-law enforcement relating to building code and maintenance issues

 

Coverage

  • Drafted coverage opinions including policy interpretation and analysis of policy wording in automobile insurance policies, commercial general liability, home owner policies, disability insurance benefits policies, and critical illness benefits policies
  • Drafted opinions on duty to defend and additional insured issues
  • Provided strategic advice to insurers in complex insurance claims, including overlapping coverages, interplay of multiple levels and towers of insurance, and historical insurance claims
  • Commencing or defending coverage litigation actions or applications on behalf of insurers and policyholders

 

Professional negligence

  • Successfully defended financial services professionals such as insurance brokers, mortgage brokers, accountants, investment advisors, and trustees in professional negligence litigation
  • Successfully represented financial services professionals in workplace investigations
  • Successfully defended health professionals such as nurses, pharmacists, social workers, paramedics, air medical transfer professionals, in professional negligence litigation
  • Successfully represented health professionals before their respective governing bodies in complaints, investigations, and discipline matters

 

Product liability

  • Successfully defended manufacturers and retailers faced with claims involving alleged design and manufacturing defects, incorrect or incomplete labelling or instructions, breaches of the duty to warn and other liability issues
  • Experience in various industries such as motor vehicle industry, elevators, heating and plumbing components, construction equipment, industrial equipment, processed food industry, water-related recreational products, and personal care products
  • Experience with cross-border litigation issues arising in the product liability context due to global nature of product claims

 

Directors’ and Officers’ liability

  • Successfully defended directors’ and officers’ liability arising from allegations of negligence, intentional torts, wrongful acts, and discrimination for various industries such as sports organizations, condominium corporations, and not-for-profit associations
  • Represented a directors’ and officers’ liability insurer on a coverage issue

 

Property loss

  • Successfully acted for general contractors, project managers, and construction project valuators which involve claims of alleged negligent construction, supervision, management of construction projects
  • Successfully acted for general contractors and subcontractors in claims arising from property damage and loss due to fire, water damage, environmental contamination, and structural damage
  • Successfully acted for conservation authorities in water damage claims arising from premises being built within floodplains

 

Disability claims

  • Successfully defended insurers and financial institutions on short-term disability and long-term disability benefits claims brought by policyholders
  • Provided strategic advice to insurers and financial institutions on benefits decisions and appeals

 

Bankruptcy and insolvency

  • Successfully defended trustee-in-bankruptcy in proceeding commenced under the Bankruptcy and Insolvency Act on the Commercial List

 

Commercial Litigation

  • Successfully defended a registered charity in a breach of confidence and trademark dispute action on the Commercial List
  • Provided advice to tenant in commercial lease dispute in which landlord charged improper costs as “Additional Rent” under lease
  • Provided advice on contract matters including health care partnership agreements and disputes

 

Human Rights complaints

  • Successfully defended a child protection agency at the Human Rights Tribunal of Ontario with respect to an Application claiming discrimination on the basis of creed, place of origin, ethnic origin, and ancestry
  • Successfully defended a non-profit organization at the Human Rights Tribunal of Ontario with respect to an Application claiming discrimination on the basis of gender identity and gender expression

 

Workplace investigations

  • Successfully represented an employee in a workplace investigation matter on an alleged Code of Conduct issue

 

Employment practices

  • Successfully defended employers in wrongful dismissal and disability litigation

 

Health law

  • Successfully defended hospitals in actions brought by doctors and employees
  • Successfully represented nursing homes and long-term care homes in actions brought by former residents’ families
  • Successfully represented health professionals in malpractice litigation, air medical transfer issues, prescription errors, and wrongful death claims
  • Successfully represented health professionals in complaints made to professionals’ regulator

 

Subrogation and recovery actions

  • Successfully acted for plaintiff in subrogated recovery matter following a multi-million dollar fire loss
  • Successfully acted for plaintiff in a subrogated recovery matter following a food products loss

Speaking Engagements

  • Ontario Bar Association, Insurance Law Section, Executive Member, Chair, 2023-2024
  • Canadian Bar Association, Insurance Law Section, Executive Member, Ontario Representative, 2023-2024
  • Ontario Bar Association, Toronto Regional Committee, Executive Member, 2023-2024
  • The Advocates’ Society, Dealing with Self-Represented Parties, Ethics, Professionalism, and Self-Represented Clients, Lecturer, December 7, 2023
  • Ontario Bar Association, Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties, Co-Chair, November 14, 2023
  • University of Guelph Mock Trial Team, Trial Advocacy Lecturer, October 11, 2023
  • Ontario Bar Association, Award for Excellence in Insurance Law, October 5, 2023, Co-chair, 2023
  • Ontario Bar Association, Top Litigator Series: Damages Essentials for Property Losses in Product Liability Cases, Co-chair and Speaker, September 28, 2023
  • Ontario Bar Association, Top Litigator Series: Product Liability Essentials, Co-Chair and Speaker, June 1, 2023
  • Ontario Bar Association, Mentor, 2023
  • Lincoln Alexander School of Law, Civil Procedure course, Mentor Instructor, 2023
  • Lincoln Alexander School of Law, Skills Evaluator, 2023
  • Trial and Error Trial Advocacy Bootcamp, Mock Trial Judge, August 13, 2023
  • Trial and Error Trial Advocacy Bootcamp, Trial Advocacy Instructor, July 22, 2023
  • The Advocates’ Society, Taking the Surprise Out of Trial, Handling Surprises in Examination in Chief, Lecturer, April 20, 2023
  • Tort Law Moot, Judge, March 3, 2023
  • Tort Law Moot, Executive Committee Co-Chair, 2023
  • Lincoln Alexander School of Law, Civil Procedure course, Mentor Instructor, 2022
  • Ontario Bar Association, Award of Excellence in Insurance Law, September 15, 2022, Co-chair, 2022
  • Ontario Bar Association, Insurance Law Section, Executive Member, Vice-Chair (elect), 2022
  • Ontario Bar Association, Mentor, 2022
  • Canadian Client Consultation Competition, Judge, 2022
  • Walker Health Law Moot, University of Ottawa Faculty of Law, Judge, 2022
  • Ontario Bar Association, Insurance Law Section, Executive Member, Member-at-Large, 2021
  • Walker Health Law Moot, University of Ottawa Faculty of Law, Judge, 2021
  • Careers in Personal Injury and Insurance Law, Western University Faculty of Law, 2021
  • Virtual Strategies – Discoveries and Mediation/How to use Software Efficiently, Ontario Trial Lawyers Association, 2021
  • Anatomy of an Insurance Policy, Osgoode Professional Development, Insurance Coverage Litigation Seminar, 2021
  • Federation of Law Societies of Canada, NCA Competency Development Task Force, Ontario Civil Bar Stakeholder Representative, 2021
  • Picking Policies: 2020 Update on Automobile Coverage Law, Stieber Berlach LLP Annual Insurance Law Seminar, 2020
  • Discoverability Redux – “Appropriate Means” and Contribution and Indemnity, Ontario Bar Association, Top Appeals of 2018 from the Ontario Court of Appeal, 2019
  • Trends from Recent Threshold Decisions in Motor Vehicle Trials, Stieber Berlach LLP Lawyer and Student Seminar, 2016
  • An Introduction to Motor Vehicle Tort Litigation, Stieber Berlach LLP Lawyer and Student Seminar, 2016
  • Duty to Defend, Ontario Bar Association, A Primer on Insurance Coverage, 2016
  • Using Surveillance Evidence Properly: Iannarella v. Corbett, Stieber Berlach LLP Annual Insurance Law Seminar, 2015
  • Offers to Settle, Hughes Amys LLP Lawyer and Student Seminar, 2008
  • Essential Tips for Aspiring Rainmakers, Chair, Ontario Bar Association, Clients Everywhere, 2006
  • Careers in Law, Indigenous Bar Association, Student Day Conference, 2005

Publications

Books

  • “Annotated Limitations Act, 2002” in Prof. N. Semple ed., Civil Procedure & Practice in Ontario (CanLII, 2021, 2022, 2023)
  • “Developments in the law of limitations” in Hon. Justice Todd Archibald ed., Annual Review of Civil Litigation (Toronto: Carswell, 2018)

 

Papers and Articles

  • “Disclosure Obligations of Partial Settlement Agreements”, The Advocates’ Quarterly, (forthcoming in 2024)
  • “Ethics, Professionalism, and Self-Represented Clients”, The Advocates’ Society, Dealing with Self-Represented Parties, December 7, 2023
  • “Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties”, Ontario Bar Association, Insurance Law Section, November 14, 2023
  • “Handling Surprises in Examination in Chief,” The Advocates’ Society, Taking the Surprise Out of Trial, April 20, 2023
  • “Conducting Virtual Examinations,” Ontario Bar Association, Insurance Law Section, 2022
  • “Anatomy of an Insurance Policy,” Osgoode Professional Development, Insurance Coverage Litigation Seminar, 2021
  • “Picking Policies: 2020 Update on Automobile Coverage Law,” Stieber Berlach LLP Annual Insurance Law Seminar, 2020
  • Various topics in civil litigation including Rules of Civil Procedure, surveillance, expert evidence, examination for discovery and disclosure issues, Stieber Berlach LLP, contributing author to Case Commentaries on-line publication, 2018 – present
  • “Duty to Defend,” Ontario Bar Association, A Primer on Insurance Coverage, 2016
  • “Using Surveillance Evidence Properly: Iannarella v. Corbett,” Stieber Berlach LLP Annual Insurance Law Seminar, 2015
  • “Sizing up Ksiazek: A discussion of costs and offers to settle in Ontario motor vehicle accident cases,” Hughes Amys LLP newsletter Noteworthy, Summer 2008
  • “Bankruptcy and Insolvency Act and Commercial Court Procedure: A Primer for Insurance Counsel and Clients,” Hughes Amys LLP newsletter Noteworthy, Fall 2007
  • “Commercial General Liability Policy and Crimes of Negligence,” Canadian Institute Litigating Coverage Disputes, 2007
  • “Commercial General Liability Policy and Terrorism Exclusions,” Osgoode Hall Professional Development Conference, 2007
  • Co-authored article published by Caledon Institute on underutilization of skilled immigrants in Ontario and Canada which was used by provincial and federal government, 2001

In the media

Katie uses utmost discretion and keeps her clients’ cases out of the media.

Education

  • Bachelor of Laws, University of Western Ontario, 2003
  • B.A. (Hons.) with High Distinction (Silver medalist), Political Science and Sociology, University of Toronto, 2000

Bar Admission

  • Member in Good Standing with Law Society of Ontario, Current
  • Completed Bar Admission Course & Admitted to Ontario Bar, 2003-2004