Simon Clements
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Simon Clements

Tel: 416.594.4679

Simon’s approach to practice is to bring matters to a conclusion in the most efficient and cooperative fashion, whether by trial or settlement.

Informations about

Biography

SIMON CLEMENTS focuses on health-related liability issues. Simon began his career as a general commercial litigator and has subsequently specialized in professional liability and health law. He has represented doctors, nurses and other health professionals in medical malpractice actions. His practice also includes the defence of insured title claims, life insurance disputes, professional liability of insurance brokers and defamation matters.

Simon’s approach to practice is to bring matters to a conclusion in the most efficient and cooperative fashion, whether by trial or settlement. He focusses on getting the client’s matter resolved with the least interlocutory process along the way.

Simon joined Stieber Berlach LLP in 2013. He has previously practiced with a national firm and with a boutique litigation firm in Toronto. Simon has conducted jury and nonjury trials and has appeared before all levels of Ontario courts, the Federal Court of Appeal, and the Supreme Court of Canada. He has appeared before the Human Rights Tribunal of Ontario, Health Professions Appeal and Review Board, Consent and Capacity Board of Ontario, and committees of the College of Physicians and Surgeons of Ontario.

Simon has taught the Trial Advocacy course at University of Toronto Law School since 1997. In 2010, he received the University of Toronto Arbor Award for Volunteerism. In 2020, he was appointed as a Chair of the University of Toronto Tribunal and hears academic discipline cases.

Simon has written on insurance coverage, fiduciary duties, causation in medical negligence and on hospital liability and medical staff issues. He has been consistently recognized since 2015 in The Canadian Legal Lexpert Directory as a leading practitioner in Medical Negligence.

Simon is a member of the Canadian Bar Association, The Advocates’ Society and the Medico-Legal Society of Toronto. He is also a former Board member of the Museum of Contemporary Art – Toronto, and of Visual Arts Ontario. He was a long time Docent at the Art Gallery of Ontario and has sat on the charity auction committees for the AIDS Committee of Toronto and Casey House.

Simon obtained his undergraduate degree from Trinity College, University of Toronto in 1986. He then obtained his BA in Law from Lincoln College, Oxford University in 1988 and his LLB from the University of Toronto in 1990. Simon was called to the Bar of Ontario in 1992. He obtained his MA from Oxford University in 1998.

Representative Work

  • R. v. Her Majesty the Queen in Right of Ontario, 2019 ONSC 2734 – successful motion to strike claim on behalf of defendant
  • Paul v. St. Joseph’s Healthcare et al – unreported – action dismissed, oral reasons for decision released January 11, 2019 – successful lead counsel for defendant Hospital and Nurse at trial
  • White v. St. Joseph’s Healthcare et al, 2019 ONCA 312 – successful lead counsel for Respondents on appeal
  • White v. St. Joseph’s Healthcare et al – unreported – action dismissed, oral reasons for decision released November 29, 2017 – successful lead counsel for defendant Hospital and Nurse at trial
  • Ghiassi v. Singh et al, 2017 ONSC 6541 – lead counsel for Hospital defendants at trial
  • Ontario Psychological Association v. Mardonet, 2017 ONCA 183 – successful counsel for Respondent on appeal
  • Ontario Psychological Association v. Mardonet (2016), 132 O.R. (3d) 750 (ONSC) – successful counsel on motion to strike claim
  • Molnar v. St. Joseph’s Healthcare et al – October 2015 – lead counsel for hospital in jury trial (dismissed vs hospital during trial)
  • Coroners’ Inquest into Death of Stephen Mesic – June 2014 – lead counsel for party with standing
  • Spirito Estate v. Trillium Health Centre, 2013 ONSC 5138 – successful lead counsel for Hospital at trial
  • Mangal v. William Osler Health Centre, 2013 ONSC 2313 – successful lead counsel at Hospital at trial
  • Da Silva v. Hannam, 2011 ONCA 505 – lead counsel for Respondent on appeal
  • Da Silva v. Wong, 2010 ONSC 6428 – lead counsel at motion
  • Hibberd v. William Osler Health Centre (2009) CanLii 5785 (ONSC); affirmed 2010 ONCA 294 – lead counsel at trial and appeal
  • Ontario v. Syvan Developments Ltd. (2006) 49 RPR (4th) 161 (Out. SCJ) – lead counsel at trial
  • Oldfield v. Transamerica Life Insurance Company of Canada (2002) 1 SCR 742 (SCC) – co-counsel at first instance and on all appeals for defendant life insurer
  • Tembec Industries Inc. v. Lumberman’s Underwriting Alliance (2001) OJ No. 72 (SCJ) – successful co-counsel at application hearing
  • Transamerica Life Insurance Company of Canada v. Hutton et al (2000), 33 RPR (3d) 1 (SCJ) – co-counsel at motion
  • Zigelman v. Polley (2000) OJ No. 2761 (Div. Ct.) – co-counsel at appeal
  • Moffat v. Transamerica Life Insurance Company of Canada (1999) OJ No. 345 (Gen. Div.) – co-counsel at motion
  • Alderson et al v. Callaghan et al (1998), 40 OR (3d) 136 (CA) – successful co-counsel at appeal
  • Norman v. Westcomm International Sharing Corp. (1997), 46 OT C. 321 (Gen. Div.) – successful lead counsel at defamation trial
  • Transamerica Life Insurance Company of Canada v. Canada Life Assurance Company (1995), 46 CPC (3d) 110 (Ont. Ct. Gen. Div.) – co-counsel at motion
  • Lavigne v. Pollock (1995), OJ. No. 3878 (Gen. Div.) – co-counsel at trial

Speaking Engagements

  • Critical Incident Reporting, Privileges and Medical Malpractice Litigation, Ontario Hospital Association and Insight Seminar, Program Chair and Speaker, 2004-present
  • Introducing Evidence at Trial, Ontario Bar Association, 2020
  • 2018 Causation Update – Reassessing Causation after Sacks v. Ross, 14th Annual Update on Personal Injury Law and Practice, Osgoode Professional Development, 2018
  • Causation Update, Stieber Berlach LLP Client Seminar, 2018
  • Introducing Exhibits and Use of Contemporaneous Notes, University of Toronto Trial Advocacy lecture, 2015-2019
  • Admissibility and Examination of Experts, University of Toronto Trial Advocacy lecture, 2015-2019

Publications

  • “Introducing Evidence at Trial,” Ontario Bar Association, 2020
  • “2018 Causation Update – Reassessing Causation after Sacks v Ross,” 14th Annual Update on Personal Injury Law and Practice, Osgoode Professional Development, 2018
  • “Introducing Exhibits and Use of Contemporaneous Notes,” University of Toronto Trial Advocacy lecture, 2015-2019
  • “Admissibility and Examination of Experts,” University of Toronto Trial Advocacy lecture, 2015-2019
  • “Authors on v. Canada: Opportunity Lost?,” Canadian Bar Review, 2003, 82: 535
  • “The Commercial General Liability Insuring Agreement as Applied to Product Liability,” Canadian Journal of Insurance Law, 2001, 19: 49
  • “Liability Insurance Coverage Disputes: Acting for the Insured,” The Advocates’ Quarterly, 1994, 16(2): 169
  • “Exclusions Applicable to Product Liability Claims,” Canadian Insurance Law Review, 1994, 4(3): 245
  • Practice Cases, Contributing Editor, Carswell, 1994-99

Education

  • L.L.B, University of Toronto, Faculty of Law, 1990
  • M.A., Oxford University, Lincoln College, 1998
  • B.A. (Law), Oxford University, Lincoln College, 1988
  • B.A., University of Toronto, Trinity College, 1986