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Theresa Hartley

Partner

PROFILE

Theresa practices civil litigation in the areas of transportation, occupiers’ liability, products liability, health law, commercial law and insurance coverage.  Theresa also has experience in professional liability matters and is on the preferred counsel list for LawPRO.

Theresa has appeared before the Ontario Superior Court of Justice, the Ontario Court of Appeal, and before various tribunals.  In addition to having extensive courtroom experience on motions, trials and appeals, Theresa is also adept in various alternative dispute resolution processes, including arbitrations and mediations.

EXPERTISE

EDUCATION

  • B.A. (Honours), University of Toronto - 1999 - graduating with high distinction
  • LL.B., Osgoode Hall Law School - 2002 - Honours Award for Restitution Law

AFFILIATIONS

  • Ontario Bar
  • Canadian Bar Association.

PUBLICATIONS & SPEECHES

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A medical thumb original Legal Causation in Medical Malpractice Claims

Hemmings v Peng - the issue of remoteness of damage (“legal causation”) in the context of a medical malpractice claim. 

A privacy thumb original You got hacked: Limits on Liability - AN UPDATE: Case Study of Owsianik v. Equifax Canada Co, and Intrusion of Seclusion

This is an update further to the first publication in July 2021 of the same name.

The Ontario Court of Appeal recently held that the tort of intrusion upon seclusion cannot be used to recover damages from a "database defendant" if the information being stored is accessed by independent third-party hackers. A database defendant is one who, "for commercial purposes, collected and stored the personal information of others."

Publications original Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.