Kurt K. Pereira
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Kurt K. Pereira

Tel: 416.594.4683

Focused and balanced, Kurt engages with clients to understand their goals, ensuring that a persuasive, credible and reasonable narrative is presented at all stages of the litigation process.

Informations about

Biography

KURT K. PEREIRA has a broad insurance-related litigation practice. Focussed and balanced, Kurt engages with his clients, understanding their mandates and goals, so that a persuasive, credible and reasonable narrative is presented at all stages of the litigation process, whether at mediation or trial.

Kurt represents clients in various areas, including product liability, personal injury, professional liability, property damage, construction and employment matters.

Kurt has appeared as counsel before all levels of courts in Ontario, as well as various administrative tribunals.

Kurt is a member of The Advocates’ Society and Ontario Bar Association. He was an elected member of the Ontario Bar Association Council (Toronto Region) between 2012 and 2018. He is an avid automobile and motorsports enthusiast.

Representative Work

  • Successfully argued summary judgment motion dismissing medical malpractice action against hospital defendants. Mercer v. Martin, [2004] O.J. No. 5107
  • Motion concerning defence and indemnity obligations amongst parties in underlying negligence action. Tinkess v. N.M. Davis Corp., [2007] O.J. No. 1026
  • Successfully argued motion on scope of Rule 32 inspections. Wilson et al. v. Young et al.; First Union Designers Engineers & Consultants Inc., (2008) 93 O.R. (3d) 374
  • Successfully represented third party insurance broker/brokerage at lengthy trial arising from significant fire loss. Horti-Pak Inc. v. Nikko Materials U.S.A. Inc. (c.o.b. Gould Electronics), [2009] O.J. No. 3404
  • Successful appeal of coverage application concerning defence costs in underlying directors and officers liability action. Dunn v. Chubb Insurance Co. of Canada, (2009) 105 O.R. (3d) 63
  • Represented paving contractor at trial in fatality claim; matter ultimately decided in favour of client on appeal: Morsi v. Fermar Paving Ltd., [2010] O.J. No. 3842 (trial); appeal reversing trial judgement. Morsi v. Fermar Paving Ltd., 2011 ONCA 577
  • Successfully argued motion striking claim against rate payers’ association: Peciukaitis v. Forest Harbour Ratepayers Inc., initial decision unreported; aff’d Peciukaitis v. Forest Harbour Ratepayers Incorporated, 2014 ONCA 200; leave to appeal to SCC dismissed. 2014 CanLII 56683 (SCC)
  • Represented not-for-profit corporation governing soccer in Ontario in application for judicial review concerning sporting event outcome. West Toronto United Football Club v. Ontario Soccer Assn., [2014] O.J. No. 4773
  • Successfully represented not-for-profit corporation governing soccer in Ontario at application and resulting trial on matters concerning player transfer. Erin Mills Soccer Club v. Ontario Soccer Assn., [2016] O.J. No. 6453
  • Represented not for profit athletic club in lengthy membership dispute. Bramer v. Toronto Lawn Tennis Club, [2017] O.J. No. 1355
  • Successfully defended hospital administration and physicians in multi-year privileges dispute action, which resolved favourably in favour of clients immediately before trial. Sarnia General Hospital, et al Zando: trial decision finding liability against co-defendant only reported at Zando v. Ali, 2017 ONSC 1289; aff’d Zando v. Ali, 2018 ONCA 680
  • Successfully represented not for profit nature conservancy through multi-year litigation, injunction, numerous motions and eventual 2019 trial. Matter settled mid-trial on terms preferential to client. Graf, et al. Nature Conservancy of Canada (unreported)
  • Defending various North American and European product manufacturers on numerous significant personal injury and property loss mandates
  • Acting for a leading North American live music promoter and producer for ten years defending numerous matters
  • Acting for a global parcel carrier for more than ten years defending numerous matters
  • Acting for a large Canadian financial services provider and property owner for more than fifteen years defending numerous matters

Speaking Engagements

  • Contractual Duty of Good Faith, Stieber Berlach LLP Insurance Law Update Seminar, 2021
  • Overlapping and Concurrent Coverage – CGL Policies, Insurance Company, 2020
  • The Standard Mortgage Clause – Claim Implications, Insurance Company, 2016
  • Whose Risk is it Anyway? Stieber Berlach LLP Insurance Law Update Seminar, 2016
  • Hold Harmless and Indemnity Provisions: A Review, Insurance Company, 2013

Publications

  • Contractual Duty of Good Faith,” Stieber Berlach LLP Insurance Law Update Seminar, 2021
  • “Whose Risk is it Anyway?,” Stieber Berlach LLP Insurance Law Update Seminar, 2016

Education

  • B., University of Windsor
  • Ed., University of Western Ontario
  • A. (Hons.), York University
  • Certificate, Portuguese Language and Culture, Universidade de Coimbra