Neil Searles

Neil Searles, a seasoned partner practicing in civil and commercial litigation, brings a wealth of experience on behalf of his clients, including municipalities, insurance companies, financial institutions and corporations of all sizes. Having commenced his career articling for the Manitoba Department of Justice, Neil is called to the Bar in Manitoba and Ontario, presently practicing in both Provinces.

When it comes to civil litigation, Neil adeptly handles diverse cases, ranging from general insurance defense claims to intricate business and homeowner’s policy matters. His expertise extends to addressing construction-related losses and environmental remediation issues. On the commercial litigation front, Neil navigates clients through contract disputes, partnership dissolutions and various corporate actions.

Neil’s legal technical skills have been showcased in numerous settings, including trials, appeals, judicial reviews, and motions. His appearances span a range of courts, encompassing the Ontario Court of Appeal, Manitoba Court of Appeal, Ontario Superior Court of Justice, British Columbia Supreme Court and Manitoba King’s Bench.

Noteworthy instances in Neil’s career include serving as amicus curiae before the Ontario Court of Appeal in R. v. Konakov, a case featured in the Lawyers Weekly. Neil dedicated pro bono counsel efforts in Briarlane Management v. Bradt, a case heard before the Ontario Divisional Court, earning coverage in the Toronto Sun. Neil successfully defeated a summary trial application before the British Columbia Supreme Court, in Hama v. Capilano Suspension Bridge Holdings Ltd. That decision was reported in the Province and Vancouver Sun. Neil’s multifaceted expertise and track record of success make him a reliable counsel to clients.

Select Publications:

• Limitations: COVID-19 Emergency Response, Canadian Defence Lawyers Webinar conference · Apr 22, 2020Exploring Public Nuisance, Canadian Bar Association – Fredericton, New Brunswick – Conference · Sep 28, 2018
• Litigating Off the Beaten Path – Exploring Public Nuisance, Ontario Trial Lawyers Association Conference · Nov 16, 2017
• Subrogation in the Context of Municipal Claims Subrogation in the Context of Municipal Claims
  CDL Conference · Oct 26, 2017
• A Guide to Small Claims Court in ManitobaA Guide to Small Claims Court in Manitoba
  Community Legal Education Association ISBN 1-894013-01-8
• Non-profit Organizations in Manitoba: Beginning and Incorporating Non-profit Organizations in Manitoba: Beginning and Incorporating ISBN 1-894013-04-2
• Non-profit Organizations in Manitoba: Directors’ Liabilities, Community Legal Education Association.
• Silence Doesn’t Obliterate the Truth: A Manitoba Survey on Physician Assisted Suicide and Euthanasia, Health Law Review

Recent reported decision

• Ozdemir v. Economical Mutual Insurance Group, 2023 ONSC 685 (CanLII) – successful mid-trial decision following departure of the plaintiff’s limited scope retainer lawyer confirming self-represent litigants are required to comply with the Evidence Act and Rules of Civil Procedure governing the admissibility of expert evidence.
• Horani v. Manulife Financial Corporation, 2023 ONCA 51 (CanLII) – appearing with David Zuber, successful court of Appeal decision governing when leave will be granted for a party to bringing a motion after setting it down for trial and denying the plaintiffs’ underlying request to amend their claim to plead punitive damages.
• 1861067 Ontario Inc. v. Sang, 2021 ONSC 7226 (CanLII) – appearing with Jamie Schacter, successful, critically important motion to preserve a certificate of pending litigation on a property on Toronto’s bridal path, despite its sale to a third party purchaser.
• Cooper v. Johnston, 2021 ONSC 3938 (CanLII), leave to appeal denied 2021 ONSC 5908 (CanLII) – successfully defeated an insurance company’s argument that its insured should not be found vicariously liable for damages arising from a motor vehicle collision when its insured had advanced dementia and the driver of her car operated it without a valid driver’s license.
• Foley v. Victoria London Health Sciences Centre, 2024 ONSC 4978 (CanLII): Dismissal of an action for failing to pay outstanding costs awards.
• Foley v. Victoria London Health Sciences Centre, 2024 ONSC 2848 (CanLII): Examination of the high standard to be met when seeking a costs award against legal counsel.
• Pugliese v. Chartwell, 2024 ONSC 1135 (CanLII): Successfully defeated plaintiffs’ certification application on behalf of two independent care homes arising from events during the COVID pandemic, working alongside co-counsel, Michael Best.

• Irwin Homes Ltd. v. Wollmann et al., 2024 MBKB 71 (CanLII): Obtained judgment applying the term of a Pierringer Agreement removing defendants from a legal action in the Manitoba King’s Bench: