Geoff D.E. Adair K.C. is one of Canada’s best-known trial and appellate counsel. The breadth of his experience is virtually unmatched among Canadian litigators.
Geoff began his litigation career as a young criminal lawyer in Peterborough Ontario where among other cases he conducted the defense of accused persons in an even dozen murder trials.
His practice evolved over time into the field of civil litigation where centered in Toronto, he prosecuted and defended lawsuits all over the Province eventually trying to verdict approximately 250 jury and non jury cases and arguing in excess of 100 appeals in the Ontario Court of Appeal and the Supreme Court of Canada involving commercial disputes; product liability claims; legal malpractice cases; large commercial insurance claims and serious torts including defamation and wrongful death situations.
Geoff’s current practice is now primarily focused on appellate advocacy and providing advice and assistance to other members of the profession in their pursuit of litigious matters including strategy discussions; mock cross examinations; second opinions; trial management advice or participation in trials or on motions as lead counsel or in a limited role.
Over the years Geoff has been committed to teaching and writing in an effort to improve the quality of advocacy and develop future litigators of excellence. He is the author of On Trial, Advocacy Skills Law and Practice, a leading text on trial advocacy cited as an authority by numerous Ontario Superior Court of Justice trial judges and the Ontario Court of Appeal. He is also a contributing editor to Ontario Courtroom Procedure and has written articles on issues of concern to the profession. Geoff has lectured and participated in many trial demonstrations for the Advocates Society and other professional bodies.
Geoff was appointed a Queen’s Counsel (now King’s Counsel) in 1986 and is a Fellow of the American College of Trial Lawyers.
NOTABLE CASES
• Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842. Counsel for the plaintiff/respondent in the Ontario Court of Appeal, successfully upholding the largest punitive damage award against an insurance company in Canadian legal history.
• Ontario (Attorney General) v. Norwood Estate, 2021 ONCA 493. Acted for the successful appellant in this case addressing the interpretation of section 18.1(1) of the Civil Remedies Act of Ontario.
• John Doe v. Bennett, 2004 SCC 17. This appeal to the Supreme Court of Canada raised for the first time the issue as to the liability of the Roman Catholic Church for the torts of individual priests.
• Martin v. Goldfarb, 1998 CanLII 4150 (ON CA). Represented the successful appellant, setting aside a $9 million trial judgment. The appellate decision remains the leading authority in Canada on the quality of proof required to support an award of damages.
• Onex Corporation v. American Home Assurance Company, 2015 ONCA 573. This appeal was the culmination of a directors and officers' insurance claim by Onex Corporation (represented by Geoff), which proceeded through a summary judgment motion, trial, two appeals to the Court of Appeal for Ontario, and two applications for leave to appeal to the Supreme Court of Canada. Geoff's client was entirely successful in recovering $15 million USD (the full policy limits) from American Home Assurance Company, plus costs.
• Horani v. Manulife Financial Corporation, 2023 ONCA 51. Represented the appellant in this case establishing the test for granting leave to amend a pleading after an action is set down for trial.
• Citadel General Assurance Co v. Vyligham, 2007 SCC 46. Represented the successful insurer in this appeal before the Supreme Court of Canada defining the limits of automobile insurance claims.
• Wallbridge v. Brunning, 2018 ONCA 363. Acted for the successful appellants, overturning summary judgment against them arising out of an action addressing another law firm's liability for lawyers "practicing in association" with that firm.
• Aviva v. 8262900 Canada, 2023 ONSC 2641. Acted for CarePartners in this insurance coverage dispute, obtaining a declaration of coverage for their defence of a class action.
• Bruff-Murphy v. Gunawardena, 2017 ONCA 502. Acted for the successful applicant in this appeal addressing the evolving role of a trial judge in relation to expert witnesses, and the requirement of such witnesses to stay within the boundary of acceptable conduct.
• Hanis v. Teevan, 2008 ONCA 793. Counsel for the appellant in this case establishing the law in Canada governing an allocation of defence costs between insurer and insured in cases of mixed claims.
• Orr v. MTCC, 2015 ONCA 407. Represented the successful appellant in this case concerning legal malpractice and the liability of a condominium corporation to a purchaser.
• 2212886 Ontario Inc. v. Obsidian Group Inc., 2018 ONCA 670. Represented the appellant franchisor in successfully overturning an almost $1 million summary judgment for alleged breach of a franchise agreement.
• Cavanaugh v. Grenville Christian College, 2020 ONSC 1133. Represented the defendants at a long trial in this multi-million dollar class action.
REPRESENTATIVE CLIENTS
A few representative corporate clients Geoff has acted for over the years include Onex Corporation, Arcelor Mittal Dofasco, University of Illinois, CarePartners Canada, Hollinger Inc, Law Society of British Columbia, Glaxo Smith Kline, Coventree Inc, Liberty Silver Corp, Whitby Durham Region, Canadian Premier Life Insurance Company, Packall Packaging Inc and Intact Insurance Company
RECOGNITION
• Appointed King’s Counsel
• Author of ON TRIAL: ADVOCCACY SKILLS LAW AND PRACTICE –LexisNexis 2nd ed
• Contributing Editor: ONTARIO COURTROOM PROCEDURE
• Lecturer on four occasions to the LAW SOCIETY OF UPPER CANADA SPECIAL
LECTURE SERIES
• Recognized by Ontario Superior Court of Justice as an expert in Legal Malpractice
• Frequent Lecturer/Trial Demonstrator on over fifty occasions at Continuing Legal Education Programs by The Advocates Society; CBAO and others
• Legal Malpractice Lawyer of the Year BEST LAWYERS
• Insurance Lawyer of the Year (BEST LAWYERS)
• Honouree of the ONTARIO TRIAL LAWYERS ASSOCIATION; CANADIAN DEFENCE LAWYERS and CBAO INSURANCE LAW SECTION
• Repeatedly listed over many years in LEXPERT and BEST LAWYERS in the fields of Commercial Insurance Litigation; Product Liability Litigation; Legal Malpractice Litigation; Personal Injury Litigation; Medical Malpractice Litigation; and Directors & Officers Litigation;
