Williams McEnery takes on the tough fights and gets results for the client—without losing sight of the fact that real people are living through the litigation. We work to produce a cooperative atmosphere in even the most difficult cases.
Areas of Practice
- Commercial Litigation
- Construction Litigation
- Employment Litigation
- Insurance Litigation
- Municipal Liability
- Personal Injury
- Professional Liability
Back to topPractice Summary
Jaye Hooper articled with Williams McEnery and has practiced with the firm since being called to the bar in 2001. Jaye has participated in 13 civil trials both with and without a jury. Her last two successes in 2008 and 2010 were both jury trials, one for a Plaintiff in a motor vehicle case and one for a Defendant successfully defending against liability in a slip and fall action. Jaye has appeared before all levels of court including the Court of Appeal and Supreme Court of Canada. In 2002 Jaye represented the Plaintiff in Canada's first wrongful dismissal case awarding damages to an employee for burnout (Zorn Smith v. Bank of Montreal).
Individual clients appreciate Jaye’s accessibility—and the time she takes to explain the often-intimidating world of litigation. Institutional clients respect her ability to critically assess a file and identify the most pragmatic approach to reaching resolution, whether outside of court or by trial.
Jaye is an active member in the legal community. She serves as President on the executive of the County of Carleton Law Association (CCLA) and participates in various committees through that position.
Back to topCredentials
- LL.B., University of Windsor, Windsor, Ontario (1999)
- Honours B.A., (International Relations), University of Windsor, Windsor, Ontario (1996)
Back to topSelected Professional Activities
- President on the Executive of the County of Carleton Law Association (CCLA) for 2012-2012
- Chair—“7 in 7 – Top Seven Topics in Civil Litigation” CLE for Young Lawyers and Articling Students, May 2008
- Chair—Town Hall on the Future of Articling, May 2008
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.
Magas v. Pasanen (2009) ONCA 302
Jaye Hooper successfully defended numerous allegations against the police including the negligent investigation both at trial and before the Ontario Court of Appeal. Leave to appeal to the Supreme Court of Canada has been sought.
Zorn-Smith v. Bank of Montreal (2003) 31 C.C.E.L. (3d) 267 (S.C.J.)
Jaye Hooper represented the plaintiff in Canada’s first wrongful dismissal case to see damages awarded to an employee for burnout.
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.
Lumbermens Mutual Casualty Company v. Herbison (2007) 3 S.C.R. 393
Jaye Hooper successfully appealed a Court of Appeal decision on the use and operation of a motor vehicle that arose out of an unusual hunting accident.
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