Shadi Katirai
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Shadi Katirai

Tel: 416.594.4696

Known for a strategic approach that combines attention to detail with fierce advocacy, Shadi has an established track record of success, both inside and outside the courtroom.

Informations about

Biography

SHADI KATIRAI represents clients in a wide range of complex litigation matters, including professional liability, product liability, construction and health care litigation. Known for a strategic approach that combines attention to detail with fierce advocacy, Shadi has an established track record of success, both inside and outside the courtroom.

Shadi has successfully represented clients in the courts, at tribunals, at mediations and arbitrations, 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 and is called upon 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., she conducted research on pandemic preparedness for the Public Health Agency of Canada at the Canadian Embassy.

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. She has served as a legal member of the Research Ethics Board of Sunnybrook Hospital and the University Health Network’s Toronto Rehab. Shadi has also served on the Health Law Executive of the Ontario Bar Association.

Shadi has completed pro bono work for Autism Matters and for patients facing consent and capacity issues. She has also enjoyed mentoring law students as a supervisor for University of Toronto moots.

Representative Work

Products Liability

  • Represented manufacturer in a summary judgment motion, arguing trial was not necessary to determine that the plaintiffs did not sustain damages as a result of 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 distributors in product liability cases, often involving fire and explosion of allegedly defective products including heaters, generators, mechanical equipment and air purifiers. 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), [2009] 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., [2010] 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 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 defend and provide advice to Regulated Health Professionals in complaints before their respective Colleges, including pharmacists, physiotherapists, massage therapists and kinesiologists. Cases include:
  • Successful defence of kinesiologist, where the complainant alleged kinesiologist had injured complainant during leg traction technique
  • Successful defence of pharmacist in complaint before College of Pharmacists. The complainants alleged negligence in dispensing medication leading to death of family member
  • Successful defence of a physiotherapist against a complaint before the College of Physiotherapists alleging conduct unbecoming with respect to treatment of patient
  • 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

  • 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

  • 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

 

Property Damage/Fire

  • 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 cases involving high rise condominiums
  • Represents defendants in litigation involving complex personal injury cases, including brain damage, catastrophic impairments, and long-term disability

Speaking Engagements

  • 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

Publications

  • 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

Education

  • LL.M, Health Law, Georgetown University, Washington D.C.
  • LL.B., Queen’s University, with exchange at the University of Gronigen, Netherlands
  • B.Sc. (Hons), Human Biology, University of Toronto