Practice
Sudevi Mukherjee-Gothi is the Head of the Insurance Defence Group, and a Member of the Commercial Litigation and Health Law Practices.
Sudevi has a thriving civil litigation practice, representing insurance companies, companies with self-insured retention, health professionals and corporations.
She regularly appears before the various levels of court in Ontario, including the Superior Court of Justice, Ontario Court of Appeal, and various administrative tribunals, and has appeared before the Supreme Court of Canada. She has conducted both jury and judge alone trials.
Sudevi’s practice focuses on occupiers’ liability, motor vehicle liability and the defence of professional liability (pharmacists, veterinarians, lawyers and independent adjusters). She also has experience in large environmental contamination cases, product liability cases, property damage claims and providing coverage opinions.
Sudevi has extensive trial experience. In 2014, she represented her client to victory in a jury trial before the Ontario Superior Court of Justice, shutting the plaintiff out on all liability and damages (Stern v. Lam Than Ngyuen cob Tue Devotion Nail and Spa). Sudevi also has experience in general commercial litigation matters.
Awards
- Precedent Setter Award, 2012
Memberships
- Member, The Advocates’ Society
- AGR Liaison, Ontario Bar Association – Insurance Section (member of the Executive since 2006: Vice-Chair 2009-2010, Program Coordinator 2007-2009)
- Member, Indo-Canada Chamber of Commerce
- South Asian Bar Association (President 2010-2011, Vice-President of Public Relations 2007-2010)
- Mentor for the South Asian Women in Law
- Member, Oakville Diwali Gala Committee (2018)
Publications
Other Publications and Presentations
- Canada: Home Insurance Coverage for a Workplace Injury? – January 2018
- Ontario Clarifies Rules Around Additional Insureds – January 2018
- Setting Aside a Jury’s Verdict- A Heavy Burden – November 2016
- Deductibles, Interest, Remedial Penalties; Oh My! – July 2016
- Due Diligence and Discoverability: Is a Plaintiff Required to Follow-up With Their Doctor for Test Results? – June 2016
- Considerations of Negligence and Contributory Negligence: Did the Trial Judge Get it Wrong? – May 2016
- Assumption of Defence Agreement; Is It Enforceable? – May 2016
- Overturning a Jury’s decision? – April 2016
- Waivers – Another One Upheld! – January 2016
- Withdrawing an Admission; No Consent When $23 Million is in Question – December 2015
- Does Adverse Costs Protection Insurance negate requiring Security for Costs? – November 2015
- Sports liability waiver holds up in court – The Lawyers Weekly – November 2015
- Insurers Have to Explain the Basis for Denial of Coverage; But What About Privilege? – Ontario Bar Association Insurance Section – October 2015
- Contracting Out of the Insurance Act for Property Damage to a Vehicle? – October 2015
- The Efficacy of Waivers in Sports – Levita v. Alan Crew et al – September 2015
- The success of Summary Judgment Motions, presented to prominent Insurance Company – September 2015
- When Does the Limitation Period Start Running for Uninsured Coverage? – August 2015
- Vicarious Liability of Vehicle Owner – What if the Vehicle Owner Provided Limitations on the Use of the Vehicle? – August 2015
- Insurers Have to Explain the Basis For Denial of Coverage; But What About Privilege? – August 2015
- The Right to a Jury Trial – July 2015
- Court of Appeal’s Decision on Assessments by Someone Other Than a Health Practitioner – July 2015
- Parents of Bullies – Your Insurer Has No Duty to Defend You! – July 2015
- Threshold Motions – a recap on the factors the Court considers – June 2015
- The Court of Appeal’s Decision in Iannarella v. Corbett – May 2015
- Fordam vs. Dutton-Dunwich – Important Municipal Liability Case of the Court of Appeal – December 2014
- Proposed Changes to Joint and Several Liability Law for Municipalities – July 2014
- Limitation Periods, presentation to an insurance company – October 2012
- Allies, Influence, Power and Politics in the Office, Panel member, American Bar Association’s Seminar – August 2011
- Spoliation of Evidence, for Insurance Company and Engineering Company audience – May 2011
- Keam v. Caddey, OBA Insurance Section Newsletter – December 2010
- Does LSUC target small firm lawyers, Law Times – November 2010
- Mary Carter ruling could have chilling effect, Law Times – January 2010
- Expect the Unexpected with Mary Carter Agreements, Lawyer’s Weekly – August 2009
- Facebook and Litigation, International Alliance of Law Firms Newsletter – 2009
