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Jennifer Stirton

519-672-2108 ext. 246
jstirton@mccalldawson.ca

Assistant

Samantha Scott
519-672-2108 ext. 224
sscott@mccalldawson.ca

Law Clerk

Kathy Witmer
519-672-2108 ext. 235
kwitmer@mccalldawson.ca

Law Clerk

Teresa Thorogood
519-672-2108 ext. 236
tthorogood@mccalldawson.ca

Jennifer Stirton has been a partner at McCall Dawson LLP since 2011.  Jennifer graduated from McMaster University with an Honours Bachelor of Science in 1999.  She attended Osgoode Hall Law School and graduated in 2002 in the top nine percent of her class.  Jennifer was called to the Bar of Ontario in 2003.  She articled and practiced at a national firm in Toronto until 2005, when she joined McCall Dawson LLP.  Jennifer represents insurers, municipalities and public authorities in many areas of litigation including personal injury actions, property damage claims and coverage opinions.  She has appeared before all levels of court in Ontario and has extensive experience conducting examinations for discovery, mediations, contested motions, tribunal hearings, appeals and trials.

Selected Decisions

Court of Appeal for Ontario

  • Ibrahim v. Police Service (2018) – Motion to quash plaintiff’s appeal for lack of jurisdiction.  Costs awarded to the defendant.

  • O’Dowda v. Halpenny, [2015] O.J. No. 214 (C.A.) – Response to plaintiffs’ appeal from summary judgment dismissing action as statute-barred.  Appeal allowed.

  • Horgan v. Tanktek Environmental Services Ltd. [2009] O.J. No. 2308 (C.A.) – Plaintiffs’ appeal from dismissal of motion to add parties after expiry of limitation period dismissed.  Costs awarded to the defendant. 

Superior Court of Justice

  • George v. Guelph (City) Police Services, [2016] O.J. No. 4125 (S.C.J.) – Plaintiff’s action for negligent investigation dismissed on motion for summary judgment.  Costs awarded to the defendant. 

  • Martin v. Chelmak (2015) – Plaintiff’s motion to remove matter from jury trial list shortly before trial dismissed.  Costs awarded to the defendants.

  • Steadman v. The Corporation of the County of Lambton (2015), 124 O.R. (3d) 222 (S.C.J.) – Plaintiffs’ damages claim reduced by 54% at trial.

  • Dereza v. Municipality (2013) – Defendants’ motion to compel plaintiff to attend medical assessment granted.  Costs awarded to the defendants.

  • Reaume v. Smolders, [2008] O.J. No. 2074 (S.C.J.) – Plaintiff’s motion to add municipality as defendant after expiry of limitation period dismissed.  Costs awarded to the defendant.

Small Claims Court

  • Hagan v. Police Service (2013) – Plaintiff’s action for damages caused by excessive use of force by police during arrest dismissed at trial.  Costs awarded to the defendants.

  • Austin v. Sylvester (2009) – Plaintiff’s action for unlawful arrest and excessive force used by police during arrest dismissed at trial.  Costs awarded to the defendant.

  • Keith v. Municipality (2007) – Plaintiff’s action for damages caused by fluoridation of the municipal water supply dismissed at trial.  Costs awarded to the defendant.

Tribunals

  • 2147945 Ontario Limited and Municipal Fire Department (2013) – Appeal to Fire Safety Commission from Orders issued by Municipal Fire Inspector dismissed.  

  • Decision No. 2675/08, [2008] O.W.S.I.A.T.D. No. 3322 – Application to Workplace Safety and Insurance Appeals Tribunal for declaration that action was statute-barred granted. 

Recent Conference Presentations and Seminars

  • Before, During and After: Emerging Issues at Every Stage of Motor Vehicle Accident Litigation (February 2018), Society of Public Insurance Administrators of Ontario (SPIAO) Workshop, Mississauga.

  • The Occupiers’ Liability Act and Municipal Parks: Lessons from Campbell v. Bruce County (May 2017), Regional Sessions re Recreational Liability hosted by Frank Cowan Company, Chatham.

  • Ombudsman Oversight of Complaints Against Municipalities (September 2016), 2016 Risk Management Symposium presented by LAS and Frank Cowan Company, Orillia.

  • Road Authority Liability: Statutory Duties, Defences and Challenges in Defending Municipal Road Claims (June 2015), Webinar Series for Municipal Councillors hosted by Frank Cowan Company.