It’s gratifying to succeed on behalf of someone who has been truly harmed or wronged, especially if that person faces a determined opponent.
Areas of Practice
- Appellate Opinions and Advocacy
- Civil Litigation
- Commercial Litigation
- Complex Litigation Matters
- Corporate Commercial Litigation
- Insurance Law
- Professional Liability
Back to topPractice Summary
Eric Williams is devoted to the law. He founded the firm in 1978 with Paul McEnery and has achieved recognition for his work by being selected and named by his peers as one of the best lawyers in Canada. He has represented clients in all areas of civil and corporate litigation---at every level of Court in Canada----acting as counsel in more than 165 civil court trials and appeals to date. Eric captured national media attention in 2007 in his most publicly known decision, from the Supreme Court of Canada. Eric and Jaye Hooper successfully defended two homeowners and their insurance company establishing that they were not liable as social hosts, having acted as counsel at trial, at the Court of Appeal and at the Supreme Court of Canada.
Drawn to the challenge of complex cases, Eric has remarkable ability to articulate the connection between the facts and the law. His approach is characterized by diligence, hard work and a sense of humour. His first priority is always to establish a meaningful connection with his clients, helping them understand the possible risks and gains associated with the civil litigation process. He is regularly referred litigation by other lawyers around the province, particularly in complex matters or on appeal.
Eric does not shy away from risk if he believes that a client has a good legal case. A recent example includes representing a plaintiff for many years against a large financial institution. Eric took the case knowing that he would only get paid if they won. They won at trial, and the client received a range of damages, including the second highest punitive damages award in commercial cases in Canada. Eric went on to successfully defend the trial Judgment at the Court of Appeal.
Eric has been voted by his peers as one of “Canada’s Best Lawyers” for over 5 years in three categories: Corporate and Commercial Litigation, Insurance Law and Appellate Law. Outside of Canada, his accomplishments as an advocate are also recognized as he was invited into the American College of Trial lawyers in 2006, a status reserved to less than 1% of all practicing lawyers of any state or province. In addition to the clients that he serves directly, Eric served the Ottawa community as Deputy Small Claims Court Judge for over 15 years. He has developed a comprehensive advocacy-training program within Williams McEnery. He also informally acts as a mentor and teacher to lawyers outside the firm, giving generously to maintain excellence in advocacy. He is an active participant in the Advocates’ Society and law association education and mentoring programs. Eric is known as a lawyers’ lawyer.
Back to topCredentials
- LL.B., Queen’s University, Kingston, Ontario (1972)
- B.A., (Biology & Physics), Queen’s University, Kingston, Ontario (1969)
Back to topSelected Professional Activities
- 2010 Ottawa Insurance Lawyer of the Year, Best Lawyers (Woodward/White)
- Best Lawyers in Canada in the categories of Corporate and Commercial Litigation, Insurance Law and Appellate Law (Woodward/White)
- AV Rated for Ten Years in Legal Ability and Ethical Standards (Lexis Nexis, 2010)
- Member of Leading Lawyers 2009 under the category of Insurance Law (LawDay)
- Award for Excellence in Insurance Law, Ontario Bar Association, 2006
- Fellow of the American College of Trial Lawyers since 2006
Back to topSelected Cases
Childs v. Desormeaux, (2006) SCC 18, (2004) 71 O.R. (3d) 195 (C.A.), (2002) 217 D.L.R. (4th) 217 (SCJ)
This case was one of a series of actions started against "social hosts" represented by Eric Williams and Jaye Hooper from trial to the Supreme Court of Canada. The loss occurred when an individual present at a social gathering left the premises and caused a serious motor vehicle accident, giving rise to five separate claims. Although for different reasons, the trial judge, the Court of Appeal and ultimately, the Supreme Court of Canada, dismissed the action against the social hosts. At issue was whether or not there existed a duty of "social host" in Canada and, if so, the definition of that duty. The Supreme Court of Canada ruled that social hosts at parties where alcohol is served do not owe a duty of care to public users of highways. This decision preserves the legal autonomy of individual members of society and continues to restrict the requirement by other members of society to act affirmatively-when aware others are engaging in risky behaviour in social situations. Legal observers have opined that t his may be the most important tort case in Canada in thirty years.
Ward v. Manulife (2007) 288 D.L.R. (4th) 733 (Ont. C.A.)
Eric Williams and Jaye Hooper represented the plaintiff successfully both at trial and on appeal in this case, which ended with Manulife paying damages for breach of contract and breach of fiduciary duty as well as punitive damages and substantial indemnity costs.
Xwave Solutions Inc. v. Canada (Public Works and Government Services Canada) (2003) F.C.A. 301
Eric Williams represented the complainant seeking judicial review of the CITT's decision to dismiss its complaint. The Federal Court of Appeal remitted the matter back to the CITT for hearing on certain issues. The CITT ruled against Xwave and refused to grant an oral hearing with reference to the government’s “intention” in drafting the R.F.P. The F.C.A. agreed with the government—holding the CITT was not in breach of the Rules of Natural Justice in failing to order an oral hearing.
Tom Cannon & Associates Ltd. v. British Aviation Insurance and McDonnell Douglas Canada Ltd (2001) 142 O.A.C. 282 (C.A.), (1999
Eric Williams successfully represented the plaintiff in a claim for damages when his helicopter crashed. The plaintiff succeeded at trial and appeal in holding both the insurer and the manufacturer liable for negligence.
Barnabe v. Touhey (1993) O.J. No. 438 (Gen.Div.), (1994) 18 O.R. (3d) 370 (CA)
Eric Williams successfully represented a number of applicants in the breakup of a legal partnership. A key issue in the dispute was the suitability of having the court conclude the partnership court given specific wording in the partnership agreement and the division of partnership assets.
702535 Ontario Inc. v. Non -Marine Underwriters, Lloyds of London (2000) 184 D.L.R. (4th) 687 (C.A.), (1997) 48 O.T.C. 256 (Gen.Div.)
This action involved a fire loss of the plaintiff's hotel and the alleged failure of the insurer to pay indemnity in circumstances where it would be liable for bad faith and thus consequential damages. The action was dismissed against the insurer on the facts and upheld by the Court of Appeal. This is a leading decision dealing with the circumstances when consequential damages might be payable by an insurer for breach of an insurance policy and the circumstances under which a bad faith claim may succeed.
The Oblates of Mary Immaculate et al. v. 3220605 Canada Inc. (c.o.b. Life Lease Associates of Canada), John T. Clark, Clarks, et al., [2007] O.J. No. 3336, (SCJ) (Court of Appeal hearing pending)
Eric Williams successfully represented the defendant solicitor and law firm (John T. Clark, Clarks), against claims of breach of contract, breach of fiduciary duty, and negligence, who advised a client on the application of the Planning Act and the Residential Complex Sales Representation Act to the construction of a 50 unit life lease housing complex.
Back to top
