Brian Monteiro

Counsel

4800 – 100 King Street West
Toronto, Ontario, M5X 2A2

Bar Admissions

  • Ontario, 2010

Education

  • Bachelor of Laws, University of Manitoba
  • Bachelor of Arts, University of Toronto

Professional Accreditations and Affiliations

  • Law Society of Upper Canada
  • The Advocates’ Society

About Lawyer

Brian Monteiro has been with Aviva Trial Lawyers since 2013, having previously worked at both a prominent defence and plaintiff firm.  Brian has appeared as lead counsel on both jury and non-jury trials in the Superior Court of Justice, as well as on appellate matters in the Divisional Court and the Court of Appeal for Ontario covering:

 

  • Property claims

  • Bodily injury claims

  • Appellate issues around the appropriate standard of review of both judge-alone and jury verdicts. 

 

He has also appeared on complex contested motions, including motions for summary judgment and jurisdictional / forum non conveniens motions. Brian recently also joined the coverage practice group and regularly provides both opinions on coverage as well as opinions on procedural matters covering bodily injury as well as property damage claims. Some notable cases include:

Notable Cases

  • Jamieson v. Kapashesit, 2019 ONSC 2831 (S.C.) – successful costs decision after 4-week jury trial ($175,000)
  • Hinds v. Metrolinx, 2019 ONSC 2318 (Div. Ct.) – successful dismissal of appeal with costs on scope of vicarious liability under s. 267.5(10.1) Insurance Act – Divisional Court ($20,000)
  • Jamieson v. Kapashesit, [2018] O.J. No. 7058 (S.C.); (2018), 301 A.C.W.S. (3d) 784 (S.C.); 2018 CarswellOnt 22773 (S.C.) – successful ruling on right to cross-examine adverse witness at trial under rule 53.07
  • Jamieson v. Kapashesit, [2018] O.J. No. 6473 (S.C.); 299 A.C.W.S. (3d) 764 (S.C.) – successful ruling on admissibility of surveillance evidence at trial
  • Jamieson v. Kapashesit, 2018 ONSC 7147 (S.C.); [2018] O.J. No. 6688 (S.C.); 299 A.C.W.S. (3d) 519 (S.C.) – successful ruling on “unavoidable accident” doctrine
  • Jamieson v. Kapashesit, 2018 ONSC 279 (S.C.) – costs endorsement
  • Blake v. Walteric Management Ltd., [2018] O.J. No. 867 (C.A.) – successful dismissal of motion for leave to appeal with costs to the Court of Appeal for Ontario
  • Jamieson v. Kapashesit, 2017 ONSC 5784 (S.C.) –motion to produce adverse costs policy
  • Blake v. HOOPP Realty Inc., 2017 ONSC 6115 (Div. Ct.); 285 A.C.W.S. (3d) 440 (S.C.) – successful dismissal of appeal of jury verdict with costs – Divisional Court ($20,000)
  • Enofe v. Capreit Limited Partnership, 2017 ONSC 5088 (S.C.); (2017), 286 A.C.W.S. (3d) 24 (S.C.) – successful costs decision ($25,000)
  • Enofe v. Capreit Limited Partnership, 2017 ONSC 2764 (S.C.) – successful trial decision
  • Decision No. 598/12, 2012 ONWSIAT 1831 (WSIAT) – right to sue application – Workplace Safety and Insurance Appeals Tribunal
  • Malik v. Tubongbanua, 2012 ONSC 4359 (S.C.) – motion to set aside administrative dismissal
  • Kinch v. Walden, 2011 ONSC 2791 (S.C.); [2011] O.J. No. 2186 (S.C.) – successful legislative interpretation of subrule 48.04 of the Rules of Civil Procedure
  • Kinch v. Walden, 2011 ONSC 4420 (S.C.) – successful motion for undertakings
  • Kinch v. Walden, 2011 ONSC 5687 (S.C.) – successful costs decision ($5,200)
  • McLinden v. Payne, 2011 ONSC 182 (S.C.) – costs decision
  • McLinden (litigation guardian of) v. Payne (2010), 104 O.R. (3d) 554 (S.C.); 2010 ONSC 6868 (S.C.) – successful legislative interpretation of s. 40, Statutory Accident Benefits Schedule, O. Reg. 403/96

Personal Interests

Brian enjoys backpacking, strength training and running.