Paul W. Muirhead

PARTNER

Paul W. Muirhead

Tel: 613-237-0520 ext. 232

Fax: 613-237-3163

muirhead@williamsmcenery.com

Called to the Bar: Ontario, 1989

At Williams McEnery we invest a great deal of time and energy in understanding our clients and their needs—because it’s out of understanding that the strongest cases are made.

Areas of Practice

  • Commercial Litigation
  • Civil Litigation, with an emphasis on personal injury and medical malpractice
  • Employment Litigation
  • Insurance Law
  • Property and Commercial Litigation
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Practice Summary

Paul Muirhead has been a valued member of the Williams McEnery team since he was called to the bar in 1989. He masters the details of every file to represent his clients effectively—always keeping in mind the human factors of litigation that require sensitivity and care. He draws on extensive mediation experience to help different parties understand mutual interests and develop resolutions based on common understanding.

Paul has represented clients at Divisional Court and the Court of Appeal, and made more than 50 Superior Court of Justice trial and appeal appearances.

In addition to practicing law, Paul has lectured at Algonquin College, the University of Ottawa Law School and the Children’s Hospital of Eastern Ontario and was a sessional lecturer in the University of Ottawa School of Management’s Hospital Administration course. He also has written and presented on mediation and medical ethics both locally and for national conferences.

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Credentials

  • 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)
  • Honours B.A., Political Science, McMaster University, Hamilton, Ontario (1983)
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Selected Professional Activities

  • "When Parents and Physicians Disagree - What is the Ethical Pathway?" Paediatrics & Child Health 9:2, February 2004, pp. 85-86.
  • 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

  • "When Parents and Physicians Disagree - What is the Ethical Pathway?" Paediatrics & Child Health 9:2, February 2004, pp. 85-86.

  • 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
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Selected Cases

Murphy v. Canadian Tire Corp. [1991] O.J. No. 2103
Paul Muirhead represented the employer in this wrongful dismissal case, which found the employer was correct in terminating with cause.
Gagnon v. Gagnon [1991], 3 O.R. (3d) 38 (Ont. G.D.)
Paul Muirhead brought forward this conflict of laws motion, which eventually went to the Supreme Court of Canada to set the law of jurisdiction.
K. (L.) v. Children's Aid Society of Lanark [1998], 19 C.P.C. (4th) 195 (Ont. G.D.)
Paul Muirhead served as lead counsel on this case seeking the dismissal of various claims and a declaration that the plaintiffs' had commenced numerous actions alleging issues that had already been decided. He was successful in having the plaintiffs declared vexatious litigants and therefore unable to commence any new actions without prior court approval.
Sewell v. Botros [2005] O.J. No. 4970; Court of Appeal File No. C43227
Paul Muirhead successfully represented the mortgagor on this issue of whether or not a mortgagee can declare a mortgage to be in default.
Garas v. Roy Estate; Greiss v. Roy Estate [1999] O.J. No. 273
Paul Muirhead successfully defended his client in this motor vehicle jury trial where it was found that his client did not cause or contribute to the plaintiff's injuries.
St. Prix-Alexander v. Home Depot of Canada Inc. 2008 CarswellOnt 22 (S.C.J.)
Paul Muirhead defended a case involving an injury at a Home Depot Store. Although the plaintiff was successful in her claim on liability, Paul was able to defeat the claims for past loss of income and a substantial future loss of income.
Graces (Litigation Guardian of) v. Carleton Board of Education 2000 CarswellOnt 2325, [2000] CA C31030.
Following a successful defence of this school liability case before a jury in 1998, Paul Muirhead was the respondent at the Court of Appeal where the Appellant Court found no errors on the part of the Trial Judge and dismissed the Appeal with costs.
Glenview Iron & Metal Ltd. v. National Frontier Insurance Co. (2002), 37 C.C.L.I. (3d) 156; 2002 CarswellOnt 1368
Paul Muirhead defended the insurer in a case brought by the insured for payment of the proceeds of a property damage policy and business interruption insurance policy.
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