SHADI KATIRAI represents clients in a wide range of complex litigation matters including professional liability, product liability, construction, and class action litigation. Known for a strategic approach that combines attention to detail with fierce advocacy, Shadi has established a track record of success, both inside and outside the courtroom.
Shadi has successfully represented her clients in mediations, in the courtroom, at the Human Rights Tribunal, and in proceedings before their professional colleges. She has significant experience defending real estate appraisers, architects, engineers, and health care professionals. Shadi also defends clients in technically challenging product liability cases. Shadi is also called upon to as a trusted adviser to clients on risk management strategies.
Shadi’s passion for medical legal issues led her to obtain a Master of Laws in Health law from Georgetown University. While in Washington D.C., Shadi conducted research at the Canadian Embassy for the Public Health Agency of Canada on Pandemic Preparedness.
Shadi’s volunteer efforts include serving as a Board Member of the Council of the College of Physiotherapists, and its Patient Relations and Registrations Committee. Shadi has served as a legal member of the Research Ethics Board of Sunnybrook Hospital and of University Health Network’s Toronto Rehab. She has also served on the Health Law Executive of the Ontario Bar Association. She has done pro bono work for Autism Matters, as well as for patients facing consent and capacity issues. Shadi has also enjoyed mentoring law students as a supervisor for University of Toronto moots.
- Represented manufacturer in a summary judgment motion against the allegations of fault, negligence or breach of contract made out against the manufacturer. Vanherreweghe et al. v. Superior Propane et al., 2019 ONSC 7430
- Represents manufacturers and distributers in product liability cases, against allegations of defective products including heaters, generators, mechanical equipment, and security systems. Issues arising with respect to causation and duty to warn.
Municipal and Construction Litigation
- Successfully defended directors and officers of a construction company against a summary judgment motion advanced by a contractor with respect to a breach of trust claim. Safway Services Canada Inc. v. Concreate USL Ltd. 2016 ONSC 6246
- Successfully represented municipality in a motion demanding that the plaintiff developer post security for costs on the basis that the developer had insufficient assets in Ontario to pay an adverse costs award. Blandford Square Developments Ltd. v. Oxford (County),  O.J. No. 234
- Represents municipalities in cases involving building inspectors and alleged failure to identify building deficiencies. Creative solutions to resolve issues including placing restrictive covenant on plaintiff with respect to settlement funds.
Health Care Litigation
- Successfully represented long term care institution in a joint motion to strike portions of plaintiffs’ claim. Cerqueira v. Ontario et al.,  O.J. No. 3037
- Successfully represented hospital in motion to dismiss plaintiffs’ claim of negligence against the hospital. Shivdarsan v. London Health Sciences Centre.
- Represents long term care institutions in class actions involving care provided during the COVID-19 pandemic.
- Represents long term care institutions with respect to allegations of negligence in patient care including vicarious liability of staff.
- Routinely defends health care professionals in lawsuits alleging negligence, including nurses, pharmacists, physiotherapists, paramedics, optometrists, dentists, nurses and employed physicians.
- Routinely defends and provide advice to Regulated Health Professionals in complaints before their respective Colleges, including pharmacists, physiotherapists, massage therapists, and kinesiologists.
- Represented paramedics in a case where patient died en route to hospital. Patient’s estate alleged that paramedics were negligent in their treatment of patient and did not take the patient to the closest emergency room. Case involved competing theories on causation and whether the paramedics met the standard of care.
Child Protection/Sexual Assault
- Defends Regulated Health Professionals against allegations of sexual misconduct during patient treatment.
- Represented private school against allegations of negligence allegedly leading to sexual assault of a student by a third party.
- Representing Children’s Aid Society in judicial review challenge with respect to the Society’s rejection of a couple’s application to become foster parents. Issues with respect to freedom of religious beliefs under the Charter.
- Represented a not-for-profit organization against allegations of an inappropriate sexual relationship between a staff case manager and a patient.
Condominium Law/Property Management
- Routinely defends Condominiums and their Board of Directors in civil claims by unit owners and before the Human Rights Tribunal.
- Defence of property management company in suit initiated by condominium developer with respect to alleged negligence in drafting Budget for Condominium Declarations.
- Acted for developer of a condominium against multiple claims alleging damage to neighboring properties, including a heritage building, from damages arising due to construction activities and resulting vibrations.
- Represented general contractor in multiple files regarding allegations of negligence leading to overflow of wastewater plant resulting in significant damages onsite and to neighboring properties.
- Represented general contractor against allegations of failure to supervise subcontractor’s welding operations leading to fire and destruction of factory.
Other Representative Cases
- Represents and provides advice to multiple insurance companies in litigation with respect to coverage and disability benefits as well as providing advice on general operations and policy wording.
- Representing animal feed manufacturer in case involving catastrophic loss of flock.
- Acted for director of a media company against allegations of fraudulent misrepresentation and personal guarantee inducing plaintiff’s loan to the company.
- Represents real estate appraisers against allegations of negligent valuations of real property.
- Defence of construction companies and engineers on allegations of faulty design and installation, often involving high rise condominiums.
- Represents defendants in litigation involving complex personal injury cases, including brain damage, catastrophic impairments, and long-term disability.
- Partial Summary Judgments: Cost Savers or Money Pits?, Insurance Law Seminar, 2019
- Hot Topics in Health Law, Program Chair, Ontario Bar Association, 2015
- Assessment of Past Reports Regarding Canada’s Public Health Emergency Response Plan, presentation to the Emergency Preparedness and Response Expert Group of the Pan-Canadian Public Health Network, 2011
- The Role of Fertility Clinics and the Rise of Reproductive Tourism, A Case for Regulation, Georgetown University Law Centre, 2010
- “Partial Summary Judgments: Cost Savers or Money Pits?,” Stieber Berlach Case Commentaries, 2019
- “Guarding the Future,” Autism Speaks publication, Summer 2012 Volume 9 Number 2
- “An Assessment of Selected Past Reports Regarding Canada’s Public Health Emergency Response Plan,” with Andre LaPrairie, submitted to Emergency Preparedness and Response Expert Group (the “EPREG”) of the Pan-Canadian Public Health Network, 2011
- “Informed Consent and Induced Pluripotent Stem Cells,” Georgetown University Law Centre, 2011
- “Reproductive Tourism and Regulation of Cross Border Commercial Surrogacy in India,” Georgetown University Law Centre, 2011