Kelly has been practicing with Williams Litigation Lawyers across Eastern and Northern Ontario exclusively in the area of civil litigation since his call to the bar in 2007.
Growing up working long hours on a Manitoba farm taught Kelly the value of hard work and tenacity, traits that mark him now as a lawyer. He has never lost his small-town touch or his ability to relate to people and to the real-life challenges that many of his clients face.
Never one to shy away from a difficult case, Kelly is always looking for creative ways to be an effective advocate. As a skilled negotiator, Kelly has successfully resolved hundreds of cases for both individuals and institutional clients. As part of a firm of trial lawyers, Kelly is at home in the courtroom and is always prepared to take a matter to trial if the case demands.
Kelly has appeared successfully on jury and judge-alone trials, motions, and appeals at various levels of court including, the Federal Court of Canada, the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Ontario Divisional Court, and the CPP Disability Review Tribunal. Kelly regularly volunteers providing free legal advice to self-represented low-income clients through Law Help Ontario’s legal clinic.
His free time is spent enjoying time with his young family and playing hockey, although he admits that seeing the goal light turn red is now quite a rarity.
Kelly Hart, succeeded in representing the Respondent Desjardins Insurance in having this Appeal
dismissed on the issue of whether the underlying Arbitrator erred in determining that Economical
Insurance, and not Desjardins Insurance, was liable to pay Statutory Accident Benefits following a
priority dispute re: two catastrophically injured pedestrians. This successful Appeal followed an initial
successful arbitration before Arbitrator, B. Carroll on the priority dispute.
Kelly Hart, succeeded in representing the Appellant at the Court of Appeal, as the Court set aside the
decision of the Superior Court Application Judge who the Court states fell short of the full analysis
required to impose a duty to defend. The Application was sent back to the Superior Court for a rehearing,
where Mr. Hart was successful in having it dismissed in favour of his client.
After successfully having the original Application decision set aside at the Court of Appeal, Kelly Hart
was successful as counsel for the Respondent in defeating a duty to defend rehearing Application
brought by the National Art Gallery. The Court found that no allegations against the Applicant had any
bearing on the Respondent and that therefore neither the respondent, nor their insurer owed the
Applicant any duty to defend. The Application was dismissed with costs payable to the Respondent.
Kelly Hart successfully defended a store owner against allegations of assault, battery, and wrongful imprisonment in a three week trial. The jury found against the Plaintiff and the claim was dismissed in its entirety.
Within the trial, Kelly successfully defended a motion in which the Plaintiff sought to exclude all of the Defendants’ surveillance evidence. Justice S. Corthorn ordered that the Defendants were entitled to use significant portions of the surveillance at trial.
Kelly Hart represented the Defendant succeeding both on a cross-motion and in dismissing the Plaintiff’s motion. The Plaintiff sought to use the evidence of his former solicitor alone in support of his motion to proceed with the action under a pseudonym. This affidavit was struck and the court found that even if the affidavit has remained, on the evidence presented, he would not have been able to properly consider the required factors for allowing a case to proceed with a party assuming a pseudonym.
Kelly Hart successfully represented the Plaintiff at trial, followed by a dismissal of the Defendant’s appeal to the Divisional Court. The Plaintiff was awarded damages and costs for vandalism losses sustained to his vehicle while under the care and control of the Defendant.
Eric Williams and Kelly Hart successfully defended a solicitor at trial involving a scope of retainer dispute. The court confirmed that any duty to a client is limited to the scope of the retainer. A “limited retainer” describes circumstances such as where a solicitor is conducting a real estate transaction without search of title and advises the client that the work being done is less than usual.
This is differentiated from this case where the solicitor was retained for a disability claim and advised the client orally of other potential claims. While the solicitor orally confirmed his non-retainer on the other claims, he did not put this in explicitly in writing. This was not a case of limited retainer, and the failure to send a letter of non-retainer was not a breach of the standard of care. The trial decision was upheld at the Court of Appeal.
Kelly Hart successfully represented the non-profit Abiwin Co-Operative in the Federal Court of Canada where it was held that a previous settlement between the Co-Op and one of its members precluded her from raising the same complaint in a new forum.
Kelly Hart successfully defended at trial the Township of Champlain against allegations of negligent building inspection stemming from work undertaken 20 years earlier.
Eric Williams and Kelly Hart successfully represented a contractor, Castonguay, in a motion seeking to dismiss Castonguay’s third party claim against its engineer, Zenix, who argued that the claim ought to be precluded on the basis that if Castonguay had obtained the insurance required by way of its contract with the owner (Plaintiff), Zenix would have been a beneficiary of that insurance.
The Court found that even if Castonguay had obtained the insurance, it was not was not plain or obvious that a claim for contribution or indemnity by Castonguay related to the services of Zenix would be precluded. Zenix was not afforded the benefit of the covenant to insure as it was not party to that agreement nor was it obvious that the parties to the contract intended to extend the benefits of insurance coverage to the losses involved. The motion to dismiss the claim as frivolous or vexatious was denied.
The Advocates’ Society has just announced that Eric R. Williams of Williams Litigation Lawyers LLP, is the 2024 recipient of The John P. Nelligan Award for Excellence in Advocacy. The award is presented to an advocate from Ottawa and the surrounding region who exemplifies excellence in advocacy. The award will be