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| Practice |
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Krista Springstead has a civil litigation practice with a focus on major tort litigation that includes bodily injury, libel and slander, professional negligence, product liability, commercial litigation, and appellate work.
With over 20 reported decisions, Krista has appeared as counsel at all levels of court including the Superior Court of Justice, the Ontario Court of Appeal, and the Supreme Court of Canada.
In addition to her extensive trial and appeal experience, Krista has also conducted numerous applications, mediations, and arbitrations before tribunals, including the Workplace Safety and Insurance Appeals Tribunal, and the Financial Services Commission of Ontario. |
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| Professional Involvement |
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| Krista is a member of the Advocates’ Society, the Canadian Bar Association, and the Defense Research Institute. She is very involved in the legal community, having authored numerous papers and spoken to students, lawyers, and insurers on various topics including uninsured/underinsured motorist coverage, Bill 59 Automobile Insurance Rates Stability Act, malicious prosecution & false imprisonment, libel and slander, Bill 198 and case management. |
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| NOTABLE CASES |
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Dumoulin v. Ontario [2005] O.J. No. 3961 (S.C.J.) – Our firm successfully defeated a motion for certification in a class action lawsuit commenced by a group of individuals alleging toxic mould exposure.
Hanis v. University of Western Ontario, [2005] O.J. No. 5289 (S.C.J.), leave to appeal to the Ontario Court of Appeal sought. – This matter involved a claim by a former University employee for a variety of alleged wrongs, including wrongful dismissal, malicious prosecution, defamation and breach of copyright. The resulting court decision is significant for establishing a framework for determination of the allocation of defence costs for covered and non-covered claims under an insurance contract, an area of law in relative infancy. Given the broad implications of the decision for insurers throughout Canada, leave to appeal has been sought from the Ontario Court of Appeal.
John Doe v. Bennett and Roman Catholic Episcopal Corporation of St. George’s [2004] 1 S.C.R. 436 – This case arose out of a series of sexual abuses committed by a Roman Catholic Priest in Newfoundland. On retainer for the Roman Catholic Episcopal Corporation of St. George’s, our firm advanced a leading edge position in the Supreme Court of Canada, arguing that unincorporated associations were sueable entities in law.
Martin v. Goldfarb and Farano Green (1998) 41 O.R. (3d) 161 (Ont. C.A) – This complicated solicitors negligence/breach of fiduciary duty case arose out of a series of complex commercial transactions. Our firm successfully appealed a $9 million judgment granted in favour of the Plaintiff. On a new trial, as directed by the Ontario Court of Appeal, our firm was successful in having the Plaintiff’s action dismissed in its entirety.
Gill v. Marriott (2000) O.J No 1676 – Our firm successfully represented the plaintiff, Murray Gill, in this medical malpractice action securing our client significant damages for the loss of sight in one eye. In deciding in our client's favour the court found that the defendant doctor was negligent in his failure to refer Mr. Gill to a retinal specialist in a timely fashion.
Davis v. Robertson (2000) O.J No 1712 – Our firm was successful in a summary judgment motion dismissing the claim as against our client, the defendant, Burlington Sailing and Boating Club (the "Club"). In dismissing the matter, the court held that a waiver which formed part of a boat storage agreement prevented the plaintiff from pursuing the Club for fire damage while their boats were stored on Club premises.
Monachino v. Liberty Mutual and Axa Insurance (1997) O.J No. 3571; (2000) 47 O.R (3d) Ont. C.A – This is a seminal case that deals with the authority of an insurance broker to act as agent for an insurer. Our firm was successful in defending this significant matter on behalf of Axa Insurance in that it was found that Axa was not liable for the acts of a fraudulent broker holding himself out as an Axa agent.
Sabti v. Axa Insurance (1999) O.F.S.C.I.D No. 196 – Our firm was successful in defending this arbitration against a claimant seeking income replacement benefits on the basis that she did not suffer a substantial inability to perform the essential tasks of her employment.
Atikian v. Certas Insurance (2001) O.F.S.C.I.D No. 135 – Our firm successfully defended this matter on behalf of Axa Insurance. Specifically, it was held that Axa was not responsible to pay income replacement benefits to the Applicant because he failed to meet the necessary eligibility requirements. |
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| Professional Lectures |
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“Insurance Defence in the Context of Vytlingham and Herbison”
Insight Information, April 10, 2006.
“Fully Understanding the Impact of New and Creative Claims on the Quantum Damages (Defence Side)”
Canadian Institute, February 24, 2006.
“The Outer Winds”
Defence Perspective Developing the Theme at an Early Stage: Practical Strategies for Taking the Wind Out of the Plaintiff’s Sail, January 14, 2005.
“Damage Assessments: Are We Paying Too Much? Fatality Assessments: Are they on the rise?”
Ontario Insurers Adjusters Association, October 14, 2004. |
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| Other Involvement |
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| Krista is also active in a number of charities including the Barbara Schlifer clinic, which raises funds to provide legal counseling to female victims of violent crimes, and the Hibiscus Fund for Hope (part of the Princess Margaret Hospital Foundation), which assists cancer patients and their families with non-OHIP covered costs. |
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Contact Information  |
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Direct Line: 416.941.5879
Fax: 416.863.1241
Email:
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Bar Admissions |
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Ontario, 1995
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Education |
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LL.B., 1993, University of Western Ontario
B.A. (Psychology), 1990, University of Western Ontario
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