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Sheila C. Handler

519-672-2108 ext. 229
shandler@mdolaw.ca

Assistant

Francine Neale
519-672-2108 ext. 227
fneale@mdolaw.ca

Law Clerk

Brenda Brewer
519-672-2108 ext. 289
bbrewer@mdolaw.ca

Law Clerk

Jennifer Stockley-Martin
519-672-2108 ext. 226
jstockley@mdolaw.ca

 

Sheila was called to the Bar in Ontario in 2001 after obtaining a B.Comm. and an LL.B. at Queen’s University. Since that time she has practiced insurance defence civil litigation, with an emphasis on the defence of claims against public authorities. Sheila has experience in all aspects of litigation practice, including trials, appeals and mediations.

 

Selected Decisions

Supreme Court of Canada

  • Gillespie v. Frank Cowan Company (2013) – Response to an application for leave to appeal (see below). Application dismissed with costs.
  • Pike v. Tri-Gro Enterprises Ltd. (2001) – Application for leave to appeal from an adverse trial and appeal result (by other counsel) (see below). Application dismissed with costs.

Court of Appeal for Ontario

  • Winters v. Haldimand County (2015) – Response to plaintiffs’ appeal from trial decision (see below). Appeal dismissed with costs.
  • Gillespie v. Frank Cowan Company (2012) – Response to applicant’s appeal (see below). Appeal dismissed with costs.
  • M.A.S. v. Chatham-Kent Police (2004) – Response to plaintiffs’ appeal from motion striking several paragraphs of claim. Appeal mostly dismissed (3/4) with cost to respondent.
  • Pike v. Tri-Gro Enterprises (2001) – For the Intervenor the Ontario Federation of Agriculture – the intervenor’s position was that the matter ought not to have been tried in the Superior Court of Justice but rather by the Normal Farm Practices Protection Board. The defendant’s appeal from the adverse trial decision was dismissed.

Divisional Court

  • South-West Oxford v. Burnside (2015) – Appeal of a costs award. The drainage referee effectively issued a Sanderson without notice. Appeal allowed.

Superior Court of Justice

  • Payne v. Mak, 2017 ONSC 243 – The plaintiffs sued the defendant municipality and police service alleging numerous torts including malicious prosecution and negligent investigation. Dismissed with costs after a 12 day trial.
  • South-West Oxford v. Burnside (2012/2013 – Court of the Drainage Referee) - Professional liability case against the defendant engineers. Liability and damages were in issue. Both the plaintiff and the defendant engineer were ordered to contribute $7,500.00 to the credit of the drain.
  • Winters v. Haldimand County (2012) – Occupiers’ Liability case against municipality. Teenager became paraplegic after falling from tree. Action dismissed with costs.
  • Gillespie v. Frank Cowan Company (2012) – Response to coverage application. Application dismissed with costs.
  • McLean v. City of London (2011) – The plaintiff slipped and fell on the municipal roadway, which she alleged was improperly maintained. Damages were agreed and liability only was tried. The defendant was found liable.
  • Blair v. Oxford Community Police (2006) – Plaintiff alleged false arrest, false imprisonment, assault and battery. Liability and damages were in issue. Defendants were found liable subject to contributory negligence of 10%. Plaintiff was awarded damages of $15,850.00;
  • Harper v. City of London (2003) – Municipal slip and fall case where both liability and damages were in issue. Action dismissed.

Tribunals and Inquests

  • Re: Anderson (2008) – Coroner’s inquest into deceased’s death of a heart attack while in police custody.
  • Re: Douglas (2008) – Coroner’s inquest into police shooting death of involuntary inpatient in psychiatric ward following inpatient’s escape from facility.

Small Claims Court Trials

  • Miller v. Sarnia (2007) – Plaintiff’s claim for damages arising from sewer backup dismissed at trial.  Costs awarded to the defendant.
  • Jaremek v. Sarnia Police (2007) – Plaintiff’s action for assault by police officers dismissed at trial.  Costs awarded to the defendant.
  • Taillon v. Sarnia Police (2007) – Plaintiff’s action for assault by police officers dismissed at trial.  Costs awarded to the defendant.
  • Johnston v. Sarnia Police (2007) – Plaintiff’s action for warrantless search, trespass, breach of the Canadian Charter of Rights and Freedoms and use of force by police dismissed at trial.  Costs awarded to the defendants.
  • Beattie v. OPP (2007) – Plaintiff’s action for breach of rights under the Canadian Charter of Rights and Freedoms dismissed at trial.  Costs awarded to the defendant.
  • Martin v. OPP (2004) – Plaintiff’s action for assault/excessive force by arresting officer dismissed at trial.
  • Cuneo v. Haldimand County (2003) – Plaintiff’s sewer backup case against municipality dismissed at trial.