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Jaye E. Hooper
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Education
- LL.B., University of Windsor, Windsor, Ontario (1999)
- Hons BA., (International Relations), University of Windsor, Windsor, Ontario (1996)
Areas of Practice
- Commercial litigation
- Insurance litigation
- Construction litigation
- Employment litigation
Practice Summary
Jaye Hooper articled with Williams McEnery and began practicing with the firm upon being called to the bar in 2001. Since her call, Jaye has been junior counsel on numerous trials with Eric Williams and Mark Charron on issues of professional liability, commercial litigation and social host liability. In addition, Jaye has appeared before the Environmental Review Tribunal, Small Claims Court, Superior Court of Justice, Court of Appeal and as of January 18, 2006, the Supreme Court of Canada.
In 2002, Jaye represented the plaintiff in Zorn Smith v. The Bank of Montreal, the first wrongful dismissal case in Canada to award damages to an employee for burnout.
In addition to building a busy practice, Jaye has tried to remain active within the legal community. She has been a member of the executive of the Young Lawyers Division of the Ontario Bar Association and currently sits as a member for of the Civil Bench and Bar Committee for the County of Carleton Law Association. As a result of the complex nature of many of the firm's files, Jaye has an interest in developing the use of computers in the courtroom and the role of technology in litigation.
Seminars
- Speaker, "Excelling at Articling", Ontario Bar Association
September 2004
- Chair - "Tips from the Trenches", County of Carleton Law Association
September 2004
- Chair - "Focus on Argument", Advocates’ Society Courthouse Series
February 2005
Selected Cases
Civil Practice
- Proctor v. Canada (Attorney General) [2001] O.T.C. 996 (Master)
This motion involved the issue of privileged documents and whether the production of expert reports pursuant to a court order waived privilege on the correspondence between the expert and the solicitor. The court ruled it did not. Ms. Hooper represented the Plaintiff resisting the production of these documents.
Negligence
- Burns v. Johnston [2003] O.J. No. 2456 (S.C.J.)
In this case the Ottawa police successfully defended a claim for wrongful arrest and negligent investigation. Mr. Charron and Ms. Hooper represented the police.
Social Host Liability
- Childs v. Desormeaux (2004) 71 O.R. (3d) 195 (C.A.), (2002) 217 D.L.R. (4th) 217 (SCJ)
This loss occurred when an individual present at the social gathering left the premises and caused a serious motor vehicle accident, giving rise to five separate claims. Although for different reasons, both the trial judge and the Court of Appeal dismissed the action against the social host. At issue is whether or not there exists the duty of social host in Canada and if so, the definition of that duty. The plaintiff obtained leave to appeal to the Supreme Court of Canada. The hearing is to take place January 18, 2006. Mr. Williams and Ms. Hooper represent the social hosts.
Employment
- Zorn-Smith v. Bank of Montreal (2003) 31 C.C.E.L. (3d) 267 (S.C.J.)
Ms. Hooper represented the plaintiff, a long-term employee of the Bank of Montreal who had been terminated after being off work for burnout. Ms. Hooper was successful in proving not only that the bank had wrongfully dismissed the employee but that the bank had acted in bad faith.
Insurance
- Great-West Life Assurance Co. v. Canada Post Corp. (2001) 38 C.C.P.B. 96 (S.C.J.)
This trial involved a financial agreement for the administering of a benefit plan. Mr. Williams and Ms. Hooper represented the Plaintiff.
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