sheila-handler.jpg

Sheila C. Handler

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

Assistant

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

Law Clerk

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

Law Clerk

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

 

Sheila Handler, Comm ’95, Law ’99 (Queen’s) has been a partner since 2007. Sheila has focused on insurance defence civil litigation with an emphasis on claims against public authorities, professional liability and a variety of insurance claims (construction, property damage, economic loss, motor vehicle) since prior to her call to the bar in 2001. Sheila has appeared before all levels of court in Ontario. In addition to the vast majority of cases which have resolved, Sheila has had the privilege of representing clients in the following matters to adjudication:

 

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. (W)

  • 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. (L)

Court of Appeal for Ontario 

  • Payne v. Mak, [2018] O.J. No. 3644 – Response to plaintiffs’ appeal from trial decision (see below). Appeal dismissed with costs. (W)

  • Winters v. Haldimand (County), [2015] O.J. No. 633– Response to plaintiffs’ appeal from trial decision (see below). Appeal dismissed with costs. (W)

  • David J. Gillespie Professional Corp. v. Frank Cowan Co., [2013] O.J. No. 1487 – Response to applicant’s appeal (see below). Appeal dismissed with costs. (W)

  • M.A.S. (Litigation guardian of) v. Ludwig, [2004] O.J. No. 3909 – Response to plaintiffs’ appeal from motion striking several paragraphs of claim. Appeal mostly dismissed (3/4) with costs to respondent (interlocutory) (W)

  • Pyke v. Tri Gro Enterprises Ltd., [2001] O.J. No. 3209– 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, with a dissent from Justice Charron. (L)

Divisional Court

  • SW Oxford (Township) v Burnside & Associates, 2014 ONDR 1 (CanLII)– Appeal from a costs award. The drainage referee effectively issued a Sanderson without notice. Appeal allowed. Costs remitted back to the referee. (W)

Superior Court of Justice 

  • Windsor (City) v. RC Spencer Associates Inc., 2019 ONSC 1083– For the plaintiff, City of Windsor, brought a plaintiff Rule 20 motion in professional negligence against an engineer, which resulted in a mini-trial being ordered. After a two-day mini trial, judgment was granted in favour of the City of Windsor as requested, with costs. (W)

  • Payne v. Mak, [2017] O.J. No. 201– The plaintiffs sued the defendant municipality and police service alleging numerous torts including malicious prosecution and negligent investigation. Action dismissed with costs after a 12 day trial. (W)

  • SW Oxford (Township) v Burnside & Associates, 2013 ONDR 1 (CanLII) (Court of the Drainage Referee) - Defended 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. Beat offer. (W)

  • Winters v. Haldimand (County), [2013] O.J. No. 2812– Occupiers’ Liability case against municipality. Teenager became paraplegic after falling from tree. Action dismissed with costs. (W)

  • McLean v. Municipality (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. (L)

  • Blair v. Police Service (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 and costs. (L)

  • Harper v. (Municipality) (2003) – Municipal slip and fall case where both liability and damages were in issue. Action dismissed. (W)

Inquests

  • Re: Douglas (2008) – Coroner’s inquest into police shooting death of involuntary inpatient in psychiatric ward following inpatient’s escape from facility.

  • 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. (Municipality) (2007) – Plaintiff’s claim for damages arising from sewer backup dismissed at trial.  Costs awarded to the defendant. (W)

  • Jaremek v. (Police Service) (2007) – Plaintiff’s action for assault by police officers dismissed at trial.  Costs awarded to the defendant. (W)

  • Taillon v. (Police Service) (2007) – Plaintiff’s action for assault by police officers dismissed at trial.  Costs awarded to the defendant. (W)

  • Johnston v. (Police Service) (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. (W)

  • Beattie v. (Police Service) (2007) – Plaintiff’s action for breach of rights under the Canadian Charter of Rights and Freedoms dismissed at trial.  Costs awarded to the defendant. (W)

  • Martin v. (Police Service) (2004) – Plaintiff’s action for assault/excessive force by arresting officer dismissed at trial. (W)

  • Cuneo v. (Municipality) (2003) – Plaintiff’s sewer backup case against municipality dismissed at trial. (W)

Dispositive Motions and Applications

  • Kolosov v. Lowe's Companies Inc., [2018] O.J. No. 6904– Rule 20 motion to dismiss plaintiffs’ claims, granted with costs. (W)

  • Joseph’s Holdings Ltd. v. Windsor (City), 2018 ONSC 6163 (CanLII) – Rule 20 motion to dismiss plaintiff’s claim, granted with costs. (W)

  • Kopp v. Police Service (2018) – 2-Rule 20 motions to dismiss the plaintiff’s 2 claims, granted with costs. (W)

  • J.H. v. Windsor Police Services Board et al., 2017 ONSC 6507 (CanLII) – Rule 20 motion to dismiss plaintiff’s claim, granted with costs. (W)

  • Gillespie et al. v. Frank Cowan et al., 2012 ONSC 4920 (CanLII)– Response to coverage application. Application dismissed with costs. (W)

Ontario Human Rights Tribunal

  • Baron v. Sarnia Police Service, 2017 HRTO 509 (CanLII) – applicant’s application dismissed based on limitation period

  • C.K. v. Children’s Aid Society of Oxford County, 2015 HRTO 450 (CanLII)– applicant’s application dismissed as no reasonable prospect that the facts would lead to a finding of discrimination against the CAS

  • Burton v. FCS Guelph and Willington County and Oxford County CAS, 2015 HRTO 1189 (CanLII) – applicant’s application dismissed based on limitation period.