Mr Douglas BB Stewart

Douglas BB Stewart

Lawyer biography

Douglas practises in our firm’s Litigation and ADR Group and has a broad based civil litigation practice representing individuals and companies in a variety of commercial and insurance related disputes, including contractual matters, product liability, construction, personal injury, real estate, professional liability, tax and copyright. Douglas is an experienced trial and appellate lawyer, and has appeared and achieved success before several courts and administrative tribunals including the Ontario Superior Court of Justice, Ontario Divisional Court, Ontario Court of Appeal, Tax Court of Canada, Federal Court, Federal Court of Appeal and the Institute of Chartered Accountants of Ontario.

Experience

  • The Queen v. Donato, 2010 FCA 312.
  • Represents clients in various product liability matters including defending an ink manufacturer in a negligence action respecting its ink products, defending an electrical services provider in a negligence action concerning installation of duct work for a construction project and acting for a bakery in a dispute with its data services provider
  • Represents a large automotive client in a complex dispute with its insurer concerning coverage for its road hazard warranty program
  • Represents insured accountants and solicitors in professional liability matters
  • Defends insured companies in personal injury actions
  • Represents both landlords and tenants in commercial lease disputes
  • Heron Bay Investments Ltd. v. The Queen, 2010 FCA 203.
  • Knights of Columbus v. The Queen, 2008 TCC 307
  • Donato v. The Queen, 2009 TCC 590 and 2010 TCC 16.
  • Represented accountants at several disciplinary proceedings before the ICAO
  • Represented an accounting firm in a proceeding before the Canadian Public Accountability Board regarding requirements imposed on the firm’s audit work. This was the first proceeding of its kind before CPAB.
  • Negotiated the wind-up of the Toronto Zoo Foundation and the disposition of its assets in concert with a successful application to the Ontario Superior Court

Insights

  • Co-author, "Reducing the expense of multi-party litigation through partial settlement agreements", International Law Office (Online: October 30, 2012)
  • "Pitfalls in Enforcement of Indemnities", Legal Alert, July 2012
  • "Onus in Tax Litigation: Federal Court of Appeal Decision in House v. Her Majesty the Queen", December 2011
  • "Abandoned Property Poses Problems for Commercial Landlord", Legal Alert, February 2011
  • “Jurisdictional Issues Affecting Claims Against the Federal Government”, International Law Office, October 2009
  • "Privilege Claims Under Section 232 of the Income Tax Act", Tax Litigation Journal, Vol. XIV, No. 4 (2007)
  • "Pitfalls in Enforcement of Indemnities", Legal Alert, July 2012, July 1, 2012

Activities and Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Advocates Society
  • Member, Toronto Lawyers Association

Community Involvement and Pro Bono

  • Participant on Team Dentons MoBro for Movember. Movember is an annual event for raising funds and awareness for men's health, specifically prostate cancer.
  • Member of the Board of Directors of the Barbados Ball Canada Aid, a not-for-profit organization
  • Active participant on the Garden Public School Fundraising Committee
  • Active volunteer with Pro Bono Law Ontario’s Child Advocacy Project
  • Coordinator of FMC's participation in Pro Bono Law Ontario's Small Claims Duty Counsel project
  • Active volunteer at Pro Bono Law Ontario’s Law Help Duty Desk at the Superior Court of Justice
  • Active volunteer with Pro Bono Law Ontario’s Amicus Duty Counsel project at the Ontario Court of Appeal

Current Firm Activities

  • Active participant on Dentons' Pro Bono Committee and supervisor of the firm’s participation in Pro Bono Law Ontario’s Small Claims Duty Counsel Project
  • Active participant in Dentons' Student recruitment and mentoring programs
  • Active participant in Dentons' Diversity Committee

Practices

  • Commercial Litigation
  • Professional Liability Litigation
  • Real Estate Litigation and Dispute Resolution
  • Tax Litigation & Dispute Resolution
  • Trust and Estate Litigation

Industry sectors

  • Accounting Firms
  • Insurance Litigation and Arbitration
  • Law Firms
  • Professional Liability
  • Property, Casualty and Liability Insurance
  • Real Estate

Education

  • Queens University, 2003, LL.B
  • University of Western Ontario, 1997, BA (Hons)

Admissions and qualifications

Ontario, 2004

Languages

English

Updates

Litigation

Court dismisses statutory misrepresentation claim against credit union board in landmark decision
Canada | 07 May 2019

For the first time, the Ontario Superior Court of Justice has released a decision that considers issues of statutory misrepresentation in an offering statement under the Credit Unions and Caisses Populaires Act 1994. Given the limited jurisprudence in this area, this landmark decision is expected to provide valuable guidance to boards and insurers on risk prevention.

Court hits brakes on duties owed to intoxicated plaintiffs
Canada | 27 November 2018

The expansion of recognised duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice. The plaintiff in the case was one of four intoxicated passengers in a taxi who had been injured after the taxi was involved in an accident. The court centred its decision on the evidentiary record in the case, which established no reasonable basis for the plaintiff's expectation that the taxi driver would ensure that he wore his seatbelt.

Getting in the last word: the proper scope of reply
Canada | 27 June 2017

The propriety of a reply is measured against the other pleadings in a case. The Ontario Divisional Court recently delineated the proper scope of a reply when it overturned a decision of the Ontario Superior Court of Justice and granted the defendants' request to strike certain impugned paragraphs in the plaintiffs' reply that, on their face, had little to do with the central allegations of the claims and defences.

Supreme Court narrows scope of CRA's power to force disclosure
Canada | 04 October 2016

The Supreme Court has unanimously upheld the primacy of professional secrecy under solicitor-client privilege in two cases considering the enforcement of disclosing accounting records to the Canada Revenue Agency. This provides welcome news for counsel acting for taxpayers, as well as international companies and companies involved in cross-border transactions.

Hague Convention – service of documents abroad
Canada | 28 July 2015

Obtaining judgment against an adversary is the first and often most heavily contemplated step for litigators and litigants alike. However, equally important is a litigant's ability to enforce a judgment, particularly against a non-resident party. As Canada is a signatory to the Hague Convention, service of documents on a Canadian corporation or individual must comply with the convention's prescribed steps.

Reducing the expense of multi-party litigation through partial settlement agreements
Canada | 30 October 2012

Litigation is an expensive process; litigation involving multiple defendants even more so. One obvious way of reducing litigation costs is by entering into settlement agreements with one or more defendants. These agreements often take the form of 'Mary Carter' or 'Pierringer' agreements. While both of these agreements are partial settlement agreements, they have different characteristics.

Jurisdictional issues affecting claims against the federal government
Canada | 30 August 2011

Following the Supreme Court's decision in TeleZone Inc v Canada (Attorney General), claims for damages against the crown may now be safely brought in the provincial courts, provided that there is an independent and reasonable cause of action that does not rely on the challenge to the legal validity of an administrator's decision that would require a remedy provided for under Section 18(1) of the Federal Courts Act.

Jurisdictional issues affecting claims against the federal government
Canada | 27 October 2009

In a recent case the federal government motioned to dismiss an action on the principal ground that the Federal Court - not the Ontario court - has jurisdiction over claims against the crown for damages. However, the Ontario Court of Appeal found that the Ontario Superior Court has jurisdiction. The Supreme Court's decision is expected to have a profound impact on the rights of persons claiming damages against the crown.