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Paul W. Muirhead
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Education
- LL.M., Specialization in Biomedical Ethics; McGill University, Montreal, Quebec (1993-94 - course work; 1999 - degree granted)
- LL.B., Dalhousie University, Halifax, Nova Scotia (1987)
- Hons B.A., Political Science, McMaster University, Hamilton, Ontario (1983)
Areas of Practice
- Civil litigation, with an emphasis on personal injury and medical malpractice
- Insurance litigation
- Employment litigation
- Property and commercial litigation
Practice Summary
Paul joined Williams McEnery in 1989 when he moved to Ottawa. Since that time he has extensive trial experience, both jury and non-jury, and has conducted appeals, at the Court of Appeal and Divisional Court. His Superior Court of Justice trial and appeal appearances number over 50.
Paul's ability to effectively communicate difficult points is one of his principal attributes. This is reflected in his trial and appeal experience as well as his teaching experience. He has lectured at Algonquin College (employment law), the University of Ottawa Law School (trial advocacy, litigation issues in real estate), the Children's Hospital of Eastern Ontario (various issues in medical ethics and medical/legal matters) and he is a session lecturer at the University of Ottawa School of Management in their Hospital Administration course where he teaches the medical ethics block. Paul also was an instructor in civil litigation for the Law Society of Upper Canada's former Bar Admission's course.
Outside of the traditional practice of law Paul has written and lectured on medical ethics both locally and at national conferences. He also has been on the Board of Directors for the Amyotrophic Lateral Sclerosis Society of Ontario and Canada.
Selected Publications and Presentations
- "When Parents and Physicians Disagree - What is the Ethical Pathway?" Paediatrics & Child Health 9:2, February 2004, pp. 85-86.
- "Ethical Consults: Part of the New Risk Management Equation." Material for Canadian Institute Conference entitled: Critical Developments in Reducing the Risk of Hospital Liability. February 12, 1999.
- "Legal and Ethical Considerations of Alternative Health Care Delivery Systems" Montreal: McGill University, Master of Laws with Specialization in Bioethics. Thesis, 1998
- Two Presentations: Full Plenary Session: Advocacy for Immunization - Ethics of Inequity; Breakout Session: Public Good - Private Profit: Ethical Issues
5th Canadian National Immunization Conference - Victoria, B.C. December 1-3, 2002 Conference Entitled: Canada's National Immunization Strategy: From Vision to Action.
- Presentation: "Legal & Ethical Issues Associated with ALS"
ALS Society of Canada Symposium - Toronto, Ontario - October 25-27, 2002 Achieving Excellence in Awareness, Leadership, Service & Care
- Presentation: "When Parents and Physicians Disagree"
Canadian Pediatric Society 79th Annual General Meeting - Toronto, Ontario - June 14, 2002
- Presentation: "Escalating Litigation Against School Boards in the New Millennium"
Lorman Education Services - Ottawa, Ontario. September 28, 2000
Conference Entitled: Current Issues in Ontario Education Law.
- Presentation of legal and ethics issues involved in palliative care
Children's Hospital of Eastern Ontario. Ottawa, Ontario. September 28, 1999 Palliative Care Day.
- Presentation: Ethical Consults: Part of the New Risk Management Equation.
The Canadian Institute - Toronto, Ontario. February 12, 1999
Conference Entitled: Critical Developments in Reducing the Risk of Hospital Liability.
- Presented legal/ethical considerations for plenary session entitled: Barriers to Complete Immunization Coverage
3rd Canadian National Immunization Conference - Calgary, Alberta. Dec. 6-9. 1998 Conference Entitled: Partnerships for Health through Immunization.
- Member of Steering Committee for national conference entitled: Consensus Conference on Infected Health Care Workers: Risk for Transmission of Bloodborne Pathogens. Also facilitator for breakout group dealing with confidentiality issues during conference.
Health Canada - Health Protection Branch. (LCDC). Ottawa, Ontario November 19-20, 1996
- Presentation: What's law got to do with it? (legal /ethical issues)
Ottawa General Hospital Nurse Clinicians; Your Day in Court - Ottawa, Ontario October 16, 1995 Presentation: Post-Licensure Surveillance and Studies - Whose data are they, anyway? The use of Data by corporate sponsors, principal investigators, patient advocacy groups.
Canadian Cystic Fibrosis Foundation Ninth Broken Arrow Conference - Mont. Ste. Anne, Quebec September 22-23, 1995 Conference theme: "Ethical Considerations in the Development and Clinical Application of New Drugs."
Selected Cases
- K. (L.) v. Children's Aid Society of Lanark (1998), 19 C.P.C. (4th) 195 (Ont. G.D.)
Lead counsel seeking the dismissal of various claims and a declaration that the plaintiffs were vexatious litigants. Demonstrated to the court that the claims of the plaintiffs had already been decided and that they had been vexatious.
- K. (L.) v. Children's Aid Society of Lanark [2001] O.J. 1784 Docket No. M25428 (C30038)
Appeal by the vexatious litigants dismissed
- Gagnon v. Gagnon (1991), 3 O.R. (3d) 38 (Ont. G.D.)
Conflict of laws motion which eventually went to the Supreme Court of Canada to set the law of jurisdiction.
- Murphy v. Canadian Tire Corp. [1991] O.J. No. 2103
Represented the employer in a wrongful dismissal case. Found that the employer was correct in terminating with cause.
- Cordick v. Becker Milk Co. [1992] O.J. No. 1448
Represented the plaintiff in a wrongful dismissal case where it was found that the yearly contracts entered into by the Becker's managers amounted to a continued employment.
- Williams McEnery & Davis v. Brown [2001] O.J. No. 333
Motion by lawyers to oppose the confirmation of the report as certificate of assessment of an assessment officer. Case reviews the factors to be considered in determining an account.
- Gracez (Litigation guardian of) v. Carleton Board of Education [2000] O.J. No. 2218; Court of Appeal File No. C31030
Appeal from a jury trial in which the plaintiff's action for damages arising out of an accident on school grounds dismissed. Court of Appeal held that the trial judge made no errors in evidence.
- Greiss v. Roy Estate [1998] O.J. No. 1019; 18 C.P.C. (4th) 390
Motion for summary judgment regarding third party action. Case considers factors to be considered
- Garas v. Roy Estate; Greiss v. Roy Estate [1999] O.J. No. 273
After Jury trial verdict motion by defendant for dismissal of actions on grounds that neither plaintiff had suffered serious permanent impairment of an important bodily function. Jury had awarded plaintiffs minimal damages. Motion successful and Jury had already found the third party claim be dismissed (see motion above)
- Sewell v. Botros [2005] O.J. No. 4970; Court of Appeal File No. C43227
Issue of whether a mortgagee can declare a mortgage to be in default. Represented mortgagor who successfully defended application by mortgagee for declaration mortgage in default and successful on appeal.
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