Katherine Di‎ Tomaso

Tel: 416.594.4692 Email: kditomaso@sblegal.ca

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

Biography

KATIE DI TOMASO is a knowledgeable and trusted civil litigator at Stieber Berlach LLP with over 20 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.

In 2024, Katie was awarded the prestigious Ontario Bar Association’s Joel Kuchar Award for Professionalism and Civility for consistently demonstrating an exemplary commitment to the ideals of professionalism and civility in the practice of law.

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), Civil Procedure and Practice in Ontario (CanLII: 2021, 2022, 2023, and 2024), and The Advocates’ Quarterly (Thomson Reuters: 2024).

Demonstrating leadership, Katie contributes to her legal community and community at large serving as the elected Ontario Bar Association Insurance Law Section Chair, Canadian Bar Association Insurance Law Section Secretary, Lincoln Alexander School of Law Civil Procedure Mentor Instructor and skills evaluator, Tort Law Moot Competition executive committee co-chair, 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. Katie’s outstanding contributions towards advancing childhood health and education was recognized with her nomination for a TCDSB Award of Merit. 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, not-for-profit school sports organizers, 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, play equipment 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, Past Chair, 2024-2025
Ontario Bar Association, Toronto Regional Committee, Executive Member, 2024-2025
Canadian Bar Association, Insurance Law Section, Executive Member, Secretary, 2024-2025
Western Law School, Induction Ceremony, Keynote Speaker, September 2, 2025
Ontario Bar Association, Anatomy of a Trial, Co-chair, June 5, and 6, 2025
Osgoode Hall Law School Professional Development, Managing Insurance Disputes and Claims, Co-chair, April 2025
University of Windsor, Faculty of Law, Advanced Tort Law Class, “Navigating Troubled Waters: Advanced Perspectives on Water Hazards, Occupiers’ Liability, Product Liability, and Personal Injury”, Lecturer, March 18, 2025
Western Law School, Personal Injury Course, “Special Topics: Partial Settlement Agreements” Lecturer, March 6, 2025
Tort Law Moot Competition, Executive Committee Co-Chair, 2025
Ontario Bar Association, The Inclusive Leader: You Think Your Workplace is Inclusive, But What Does the Data Say?, Chair, February 7, 2025
Ontario Bar Association, Ontario Legal Conference, Co-Chair, February 5, 6, 7, 2025
Lincoln Alexander School of Law, Civil Procedure course, Mentor Instructor, January to April, 2025
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
Ontario Bar Association, Ethics Day, Co-chair, December 5, 2024
Ontario Bar Association, AI Trial Advocacy: Your comprehensive guide to handling the evidentiary implications of artificial intelligence, Speaker, November 1, 2024
Ontario Bar Association, The Civil Trial – Views from the Bench, Speaker, October 17, 2024
Osgoode Hall Professional Development, Insurance Coverage Litigation Seminar, Co-Chair, October 9, 2024
Ontario Bar Association, Young Lawyer Division, Your First Personal Injury File, Speaker, October 8, 2024
Ontario Bar Association, Award for Excellence in Insurance Law, Co-chair,September 26, 2024
Law Society of Ontario, 7th Motor Vehicle Litigation Summit, Insurance Issues Arising from Stolen Vehicles, Speaker, September 19, 2024
Trial and Error Trial Advocacy Bootcamp, Trial Advocacy Instructor, July 20, 2024
Ontario Bar Association, Insurance Law Practice Group Mentor, June 21, 2024
Ontario Bar Association, Anatomy of a Trial, Co-Chair, June 13, and 14, 2024
Canadian Bar Association Dispute Resolution Online Symposium, Mediation as a Critical Tool in the Legal Practice, Challenging Court Backlogs Post COVID, Speaker, May 17, 2024
Canadian Bar Association, Changing Landscape in Insurance Law, Co-Chair, May 8, 2024
University of Windsor, Faculty of Law, Advanced Tort Law Class, “Coastal (water) Hazards and Public Authority Liability”, Lecturer, March 18, 2024
Canadian Bar Association, Trends in Valuation of Property Damage Claims, Chair, March 5, 2024
Ontario Bar Association, Cyber Insurance – Navigating Digital Risks and Safeguarding Assets, Co-chair, February 21, 2024
University of Toronto Faculty of Law Upper Year Moot Program, Judge, February 12, 2024
University of Toronto, University of St. Michael’s College, Alumni Professional Networking Dinner, Alumni Law Mentor, February 6, 2024
Lincoln Alexander School of Law, Civil Procedure course, Mentor Instructor,January to April, 2024
Lincoln Alexander School of Law, JUR 404, Skills Assessor, January 2024
Tort Law Moot Competition, Executive Committee Co-Chair, 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, Co-chair,October 5, 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 Competition, Judge, March 3, 2023
Tort Law Moot Competition, Executive Committee Co-Chair, 2023
Lincoln Alexander School of Law, Civil Procedure course, Mentor Instructor,2022
Ontario Bar Association, Insurance Law Section, Executive Member, Vice-Chair (elect),2022
Ontario Bar Association, Award for Excellence in Insurance Law, Co-chair,September 15, 2022
Ontario Bar Association, Mentor, 2022
Tort Law Moot Competition, Executive Committee Co-Chair, 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 Hall 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, 2024)
“Developments in the law of limitations” in Hon. Justice Todd Archibald ed., Annual Review of Civil Litigation (Toronto: Carswell, 2018)

Papers and Articles

“Anatomy of a Trial Abridged: Mastering Trial Advocacy with Storytelling and Innovation”, Ontario Bar Association’s JUST Magazine, December 6, 2024
“Obligation to Immediately Disclose a Partial Settlement Agreement that Changes the Litigation Landscape in Multi-Party Litigation”, The Advocates’ Quarterly, September 2024
“Insurance Issues Arising from Stolen Vehicles”, Law Society of Ontario, September 3, 2024
“Creating a One-Sided Narrative Could Lead to a Punitive Damages Award against an Insurer: Lessons from Baker v. Blue Cross”, Ontario Bar Association, January 24, 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.

Katie was spotlighted by her alma mater Western Law in “Living her values: Katie Di Tomaso ’03 earns OBA Award for Professionalism and Civility”, July 26, 2024 by Kaleigh Rogers.

Katie was interviewed regarding her leadership role Chairing Osgoode Hall Law School Professional Development’s Managing Insurance Disputes and Claims, September 9, 2024.

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