Lawyer Profile Detail



Christopher Hubbard

OFFICE

Toronto

DIRECT LINE

416-601-8273

E-MAIL

[email protected]

V-CARD

LAW SCHOOL

University of Western Ontario

BAR ADMISSION

Ontario, 2002




Biography

Christopher Hubbard is a partner in our Litigation Group in Toronto. He maintains a general litigation practice which includes commercial litigation and medical malpractice.

Mr. Hubbard’s commercial litigation practice includes complex contractual disputes, product liability and product recalls, mining litigation, class actions, and insurance disputes on behalf of policy holders.

Mr. Hubbard is a member of the Retail and Consumer Markets Group, and is the Sector Lead for the Consumer Products sector within that group. He regularly assists retail and consumer products companies with a variety of litigation and regulatory issues, including product liability claims, class proceedings, product recalls and related insurance coverage disputes.

Mr. Hubbard is also the Co-Chair of our Global Mining Litigation Practice Group. He has a Certificate in Mining Law from Osgoode Hall Law School. He assists mining clients with contract disputes, negligence claims related to mine design and construction, jurisdictional issues, and insurance disputes involving property loss and directors and officers liability.

Mr. Hubbard is also a member of our National Class Actions Group and a past Vice-Chair of the Class and Derivative Actions sub-committee of the American Bar Association. He is a contributing author of the book, Defending Class Actions: A Guide for Defendants, 4th Edition, published by LexisNexis, and the Class Actions Chapter of the Business and Corporate Litigation Committee’s Annual Review. Mr. Hubbard has defended clients in a number of high profile class proceedings, including class proceedings involving cross-border securities litigation, allegations of criminal interest rates, product liability, and medical malpractice and pharmaceutical litigation.

Mr. Hubbard acts for the Canadian Medical Protective Association. He defends physicians at civil trials and appeals, administrative proceedings before the College of Physicians & Surgeons of Ontario and the Health Professions Appeal and Review Board, Coroners’ Inquests and hospital privileges hearings. He is listed in the current edition of the Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the areas of medical negligence and professional liability.

Mr. Hubbard received his BA (Hons.) (Philosophy and Bio-Medical Ethics) from the University of Toronto in 1997. He received his LLB from the University of Western Ontario in 2000 and was called to the Ontario bar in 2002. He is a member of the Canadian Bar Association, the American Bar Association, the Advocates’ Society and the Medico-Legal Society of Toronto. He is also a member of the Prospectors and Developers Association of Canada and the Rocky Mountain Mineral Law Foundation.

REPRESENTATIVE CASES

  • Alzu et al. v. Smucker Foods of Canada Corp. et al. – Counsel for defendant in putative national class action involving alleged E. coli contamination of flour.
  • Hirchberg v. Doherty et al., 2016 ONSC 4853, affirmed 2017 ONCA 62 – Counsel for defendant physicians in medical malpractice claim for damages allegedly arising from the use of Dexamethasone. Successful motion for summary judgment dismissing all allegations, and defence of dismissal at Court of Appeal.
  • Surujdeo v. Melady et al., 2017 ONCA 41 – Counsel for defendants in Court of Appeal decision confirming the appropriate form of causation question to be put to a jury in a negligence action, and the jurisdiction of a trial judge to poll a jury in a civil action.
  • Salisbury v. Kraft, 2017 ONSC 177 – Counsel for defendant physician in medical malpractice claim for damages allegedly arising from strabismus repair surgery. Successful motion for summary judgment dismissing all allegations.
  • Central Sun Mining Inc. v. Vector Engineering Inc., 2016 ONSC 7927 – Counsel to plaintiff mining company in successful motion requiring the defendant’s corporate representative to reattend for continued examination for discovery, and awarding substantial indemnity costs as a result of the defendant’s “reprehensible misconduct” in the litigation.
  • Central Sun Mining Inc. v. Vector Engineering Inc., 2015 ONSC 3320 – Counsel to plaintiff mining company in action against various engineers and engineering firms for damages of at least $150 million in relation to the cessation of operations following a landslide at a gold mine in Costa Rica. Successful opposition to defence motion to bifurcate the action and direct early adjudication of successor liability issue.
  • Whiteman v. Iamkhong et al., 2013 ONSC 2175, affirmed 2015 ONCA – Counsel for defendant physician in multi-million dollar claim for damages related to HIV infection. Successful defence of all allegations following three day summary judgment motion. Leading decision regarding duty of care owed by physician to third parties. Successful defence of summary judgment decision at Court of Appeal.
  • Private Arbitration, 2015 – Counsel for successful IT company in multi-million dollar arbitration claim for breach of contract.
  • Smith v. National Money Mart Company, 2008-2015 – Counsel to defendants in class actions commenced in multiple provinces for damages allegedly arising from fees charged in connection with “pay-day loans”. Trial counsel during one of Canada’s first common law common issues trials. Successful settlement of claims and implementation and administration of settlements in Ontario, British Columbia, Newfoundland and Labrador, Nova Scotia and New Brunswick.
  • Achneepineskum v. Laine, 2013 ONSC 1261, affirmed 2014 ONCA 644 – Trial and appellate counsel for defendant physician in multi-million dollar claim for damages related to medical complications arising from in utero hypoxic-ischemic event. Successful defence of all allegations following long trial. Successful defence of trial decision at Court of Appeal.
  • Ryabikhina et al. v. Leong et al.,2011 ONCA 221; 2012 ONCA 278; 2014 ONSC 2512 – Successful defence at Court of Appeal of summary judgment motions dismissing negligence claims against defendant physicians. Successful application declaring plaintiffs vexatious litigants and prohibiting plaintiffs from commencing or continuing further litigation without leave of the Court.
  • Central Sun Mining Inc. v. Vector Engineering Inc., 2013 ONCA 601 – Successful appeal to Court of Appeal overturning motion judge’s decision to stay or dismiss action, and confirming jurisdiction of the Ontario court. Leading Court of Appeal decision regarding jurisdiction based on a tort committed in the forum. Leave to appeal to the Supreme Court of Canada dismissed: 2014 CanLII 11050 (SCC). See also Central Sun Mining Inc. v. Vector Engineering Inc., 2014 ONSC 1849 – Successful opposition to defence motion to stay or dismiss action on the basis of forum non conveniens.
  • Salter v. Hirst, 2010 ONSC 3440, affirmed 2011 ONCA 609, leave to appeal refused 2012 CanLII 41193 (SCC) – Trial and appellate counsel for defendant physician in multi-million dollar claim for damages related to medical complications arising from aortic dissection. Successful defence of all allegations following long jury trial. Successful defence of trial decision at Court of Appeal. Leading decision regarding jurisdiction of trial judge to overturn jury verdict.
  • CGI Information Systems and Management Consultants Inc. v. eHealth Ontario, 2013 ONSC 6148; 2014 ONSC 1501 – Counsel for plaintiff in contract dispute.
  • Ramnanan v. Drake, 2012 ONSC 1420 – Counsel for defendant physicians in multi-million dollar claim for damages related to medical complications arising from pediatric neuro-surgery. Successful motion for summary judgment dismissing all allegations.
  • Private Arbitration, 2012 – Counsel for successful State Owned Enterprise in multi-million dollar arbitration dispute arising from joint venture agreement.
  • Central Sun Mining Inc. v. Vector Engineering Inc., 2011 ONSC 1439 – Successful opposition to defence motion for summary judgment. Leading Canadian decision regarding the doctrine of successor liability.
  • Banerjee v. Shire Biochem Inc. et al., 2010 ONSC 889, 2011 ONSC 7616 – Successful defence and settlement of product liability class action against distributor of Parkinson’s drug Permax.
  • Abener Energia, S.A. v. Sunopta Inc., 2009 CanLII 30678 (ON SC), affirmed 2010 ONCA 57 – Successful application for recognition and enforcement of Spanish arbitral award. Successful defence of enforcement order at Court of Appeal.
  • McCann v. CP Ships, [2008] OJ No. 2050; [2008] OJ No. 5957; [2009] OJ No. 5182 – Counsel to defendant in cross-border securities class action. Successful opposition to plaintiff’s motion to assert jurisdiction over non-resident/non-U.S. claims of Canadian class members.
  • Inforica Inc. v. CGI Information Systems and Management Consultants Inc., 2008 CanLII 60706 (ON SC), 2009 ONCA 642 – Counsel to defendant in $14.4 million arbitration claim for breach of contract. Successful motion for security for costs in the amount of $750,000. Successful appeal to Court of Appeal confirming arbitrator’s order for security for costs. Leading Court of Appeal decision regarding the primacy of arbitration and jurisdiction of the Court to review arbitral awards.
  • Marchand v. St. Michael’s Hospital, 2009 HRTO 566 – Successful defence of Human Rights Complaint against physician relating to provision of medical treatment.
  • Incorporated Broadcasters Limited et al. v. CanWest Global Communications Corp. et al., 2008 MBQB 296 – Successful summary judgment motion dismissing plaintiffs’ claim for breach of fiduciary duty, and plaintiffs’ oppression claim against a director and officer of the corporate defendants.
  • Rose v. Pettle et al., 2006 CanLII 12726 – Counsel to defendant physician/medical director in class action alleging negligent supervision in relation to outbreak of mycobacterium abscessus. Successful defence and settlement of action without payment on behalf of client.
  • Celanese Canada Inc. v. Canadian National Railway Co., [2003] O.J. No. 6175, [2003] O.J. No. 6176, 2005 CanLII 8663 (ON CA), leave to appeal dismissed (SCC) – Trial and appellate counsel for plaintiff in successful claim for property damage and business interruption loss arising from negligence in relation to the siding of rail cars.
  • Castle et al. v. Dawson, 2005 – Trial counsel for defendant physician in claim for damages related to HIV infection. Successful defence of all allegations at trial.
  • McLean (Re), 2004 CanLII 72820 (ON OCCO) – Counsel for physician in Coroner’s Inquest before jury regarding death caused by toxic effects of Methadone and Doxepin.
  • Jobin (Re), 2002 – Counsel for physicians in Coroner’s Inquest before jury regarding death caused by hypoxic-ischemic encephalopathy secondary to cardiopulmonary arrest associated with restrain in the prone position for psychiatric agitation.

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, as well as in New York City and London, UK.
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