Carl E. Fleck, Q.C.

Education:

B.A. (Economics), University of Western Ontario 1962
LL.B., University of Western Ontario 1965
Law Society of Upper Canada 1967

Appointments/Awards:

Queen’s Counsel 1978
Small Claims Judge, Ontario Provincial Court circa 1990 - 2002
Human Rights Appeal Tribunal Officer circa 1986 - 1993
Appellate Hearing Officer for Provincial Colleges
Certified Specialist by the Law Society of Upper Canada in Criminal and Civil Litigation from 1988 to 1992, and in Civil Litigation from 1992 to date
H. Bruce T. Hillyer Award 2006, in recognition for outstanding contribution to the cause of civil justice.
OTLA President Celebration of the Personal Injury Board Award 2007
Regional Representative to the Osborne Access to Justice Commission 2006-07
Best Lawyers in Canada , 2006, 2007, 2008, 2009, 2010
Lexpert Canadian Legal Expert in field of Personal Injury 2007, 2008, 2009
BV® Distinguished Rating from Martindale-Hubbell, 2009, 2010
Bencher of the Law Society of Upper Canada 2009 – ongoing
LSUC Representative on LibraryCo., 2009 – ongoing
LSUC Access to Justice Committee Member, 2009 – ongoing
LSUC Professional Regulations Committee Member, 2009 – ongoing
LSUC Professional Regulations Committee Vice-Chair, 2011 – ongoing
LSUC Interprovincial-Interjurisdictional Committee, Member 2009 – ongoing
LSUC Finance Committee, Member 2011 – ongoing
LSUC Representative to the Ontario Bar Association, 2011 – ongoing

Recent Speaking/Writing Engagements:

LSUC Special Lectures 2000- Determination of Catastrophic Injuries
OTLA Spring Conference 2003 - Insurance Law Update
OTLA Fall Conference 2005 - CPP Litigation Plaintiff’s Perspective
Insight Conference April 2006 - Premium Costs
OTLA Spring Conference 2006 - Recovering Health Care Expenses under Bill 198
The Litigator Magazine, Fall 2006 issue: Preparing Witnesses
OTLA Fall Conference 2006 - Moderator - The Judge’s Charge
Without Prejudice Claims Magazine Spring 2007 issue
Middlesex Law Association – Assessments of Damages Fall 2007
OBA Webinar May 2008 - Offers to Settle
March 2010 - OTLA The Business of Law Seminar

Work Experience:

Articled with Hugh Garrett, Q.C. in 1968, and practiced with him as Garrett and Fleck, until his call to the Supreme Court of Ontario bench in 1976.
Practiced as Fleck & Bruce, followed by Rowcliffe Fleck Sartor Gray & Bruce, then Fleck Sartor Gray & Bruce until 1991.
Since 1992, practicing as Fleck & Daigneault in the area of personal injury litigation.

Present Involvement:

Member, Ontario Bar/Canadian Bar Association, Advocates Society, Lambton Law Association, Ontario Trial Lawyers Association

Past Professional Involvement:

Director, Ontario Trial Lawyers Association
Executive of the Ontario Bar Association
Regional Representative, Justice Osborne’s Law Reform Commission
Director of the Advocates Society
President and Treasurer of the Lambton Law Association
Member of the Canadian Bar Judicial Selection Committee
Member of the Canadian Bar Committee on the Merger of the Court Systems
Organizer of Continuing Legal Education for the Lambton Law Association
Organizer of an International Forum between Michigan and Sarnia Lawyers on Early No Fault Legislation
Committee Member of the Civil Litigation Task Force for Judicial Reform (Advocates Society)
Member of the American Trial Lawyers Association
Special Prosecutor for the Provincial Government (Sales Tax)
Special Prosecutor for the Federal Government (Customs and Excises)

Past Community Involvement:

Instigator and Actor of the Lambton Law Association Lawyers Plays, which over 20 years have raised in excess of $150,000.00 for various community charitable organizations
Volunteer Judge Crime Stoppers
Moot Court Judge for the University of Western Ontario
Patron of the Canadian Health Mental Association Auction, Sarnia Chapter
Director of the Board of St. George’s Anglican Church
Chairman of the Outreach Committee
Candidate for the Provincial Member of Parliament Elections
Speaker on “The Law and You” television program
Volunteer Legal Counsel to the Sarnia Library Board
Elected Alderman for the City of Sarnia for a period of 4 years during which I was Member of Urban Renewal Committee, Member of Library Board, Member of the Traffic Committee
Board Member of Nursing Vision Home
Board Member of the Sarnia General Hospital Board
Board Member of the International Symphony (Sarnia and Port Huron)
Lecturer at Lambton College, Sarnia
Designated Fundraiser for the United Appeal
High school speaker at Youth Drug Prevention Program
Member of the Bishop’s Men Association
Member of the Anglican Brotherhood, and organizer of various fundraisers
Member Sarnia Golf & Country Club
Member of Sigma Chi Fraternity

Reported Cases of Significance:

Walker v. Ritchie; this is the 1st case in Ontario recognizing gender neutral statistics in calculating the loss of a female plaintiff, the 1st case providing a judicial interpretation and granting of non earner benefits. The case also recognized loss of interdependent relationship as a valid head of damages, and found unprotected defendant liability in a situation of vicarious liability. The case is also important for awarding a cost premium.
Garrett v. Canada: a pension appeal tribunal must conduct an analysis of eligibility in accordance with the Velani decision failing which is an error of law.
Proctor v. Sarnia Police Commission: confirmed that a probationary police officer could not be terminated without a hearing despite wording to the contrary in his collective agreement.
Kelly v. Kelly: a three month family law matter, which was the first case dealing with equalization of family property after the enactment of the Family Law Act, 1986.
R. v. Oakley: a criminal matter establishing non-insane automatism as a defence in narrow circumstances.
Maroukis v. Maroukis: as a result of this case, the legislation was amended to protect spousal matrimonial property rights.
Grover v. NRC: first case where the “$10,000.00 hurt feelings” compensation provision awarded under the Canadian Human Rights Act legislation.

Court Appearances:

Appeared in every court level in Ontario including Federal Court, The Federal Court of Appeal, the Ontario Appeal Court, and the Supreme Court of Canada, as well as several administrative tribunals. Reported and unreported cases include:

Knight (Next friend of) v. Martelle, [1964] O.J. No. 380
Ross Knowles & Co. v. Garbutt, [1965] O.J. No. 663
Shouldice v. Shouldice, [1967] O.J. No. 266, [1967] O.J. No. 99, [1967] O.J. No.145
Kennett v. Browning, [1971] O.J. No. 284
Muschong v. Our Ponderosa Ltd., [1975] O.J. No. 985
Moore Township v. Farr, [1975] O.J. 696
R. v. L.T., [1969] O.J. 85 (C.A.)
R. v. Ferencsik, [1970] 4 C.C.C. 166 (C.A.)
R. v. James, [1970] 2 C.C.C. (2d) 141
Berry v. Belton Lumber Co., [1971] O.J. No. 969
Park Lane Motors Ltd. v. Wilson, [1971] O.J. No. 107 (C.A.)
Liffiton et al. v. Campbell, [1972] 2 O.R. 592 (C.A.)
Allen v. Guthrie, [1972] O.J. No. 459 (C.A.)
Iacobelli v. Ontario (Workmen’s Compensation Board), [1972] O.J. No. 1017 (H.C.J.)
R. v. Ricketts, [1973] O.J. No. 13 (C.A.)
R. v. B.S.R., [1973] O.J. No. 207 (C.A.)
Hamilton v. Firby (1976), 11 O.R. (2d) 231 (H.C.J.)
R. v. Carter, [1975] O.J. No. 1091 (C.A.)
Cooper v. Cooper, [1976] O.J. No. 921 (H.C.J.)
Rodrigue v. Dufton (1977), 13 O.R. (2d) 613 (H.C.J.)
Van Minnen Construction Ltd. v. Murphy et al, [1977] 19 O.R. (2d) 125
Rodrique v. Denomy, [1978] O.J. No. 107 (H.C.J.)
Proctor v. Sarnia (City) Police Commission, [1980] 2 S.C.R. 727 (S.C.C.)
Walker v. Kiyoshk, [1983] O.J. No. 295 (H.C.J.)
Kennedy v. Sarnia (City) Commissioners of Policy, [1983] O.J. No. 1346 (H.C.J.)
Henderson v. Board of Commissioners of Police of the City of Sarnia et al., [1984] 45 O.R. (2d) 680 (H.C.J.)
Maroukis v. Maroukis, [1984] 2 S.C.R. 137 (S.C.C.)
B.L.H. v. R.K., [1984] O.J.. No. 750 , [1984] O.J. No. 901 (Prov.Ct. (Fam.Div.))
Names of parties unpublished,[1986] O.W.C.A.T.D. No. 254
R. v. Oakley, [1986] O.J. No. 96(C.A.), (1986), 24 C.C.C. (3d) 351
Kelly v. Kelly, [1986] O.J. No. 296 (H.C.J.)
Names of parties unpublished, [1987] O.W.C.A.T.D. No. 35
Crerar v. Credit Foncier Trust Co., [1987] O.J. No. 311 (H.C.J.)
R. v. L., [1987] O.J. No. 1856 (Prov.Ct.(Fam.Div.))
Gervais v. Canada, [1988] C.H.R.D. No. 8
645952 Ontario Inc. v. Guardian Insurance Co. of Canada et al. (1989), 69 O.R. (2d) 341 (H.C.J.)
Names of parties unpublished, [1989] O.W.C.A.T.D. No. 360
Johnson v. Sarnia (City) Commissioners of Police, [1990] O.J. No. 2269 (Gen.Div.)
Cremona v. Wardair, [1991] C.H.R.D. No. 1
Radford v. Worldways Canada Ltd. , [1991] C.H.R.D No.16
Redick v. Wyoming (Village), [1991] O.J. No. 2837 (C.A.), [1992] O.J. No. 2062 (C.A.)
{names of parties unpublished}, [1991] O.W.C.A.T.D. No. 190
R. v. Giancarlo, [1992] O.J. No. 587 (C.A.), [1992] O.J. No. 3514 (C.A.)
Ferns. v. Ron Snow Siding Ltd., [1992] O.J. No. 634 (Gen.Div.)
Coull v. Warehousemen, 1992 Carswell Nat 913, 89 di 64
Grover v. NRCC, [1992] C.H.R.D. No. 12, [1994] C.H.R.D. No. 6
Williams v. Big V Pharmacies Co., [1993] O.J. No. 1025 (Gen.Div.)
Brown v. Dept. of National Revenue, [1993] C.H.R.D No. 7
Cremona v. Wardair, [1993] C.H.R.D. No. 10
Tully v. Tully, [1993] O.J. No. 2086 (Gen.Div.), [1994] O.J. No. 2581(Gen.Div.),[1994] O.J. No. 3085 (Gen.Div.)
Harris v. Lambton County Roman Catholic School Board, [1994] O.J. No. 3259 (Gen.Div.)
Names of parties unpublished, [1996] O.W.C.A.T.D. No. 252
Names of parties unpublished, [1996] O.W.C.A.T.D. No. 259
Ferrara v. Buschemeyer, [1997] O.J. No. 4689 (C.A.)
Clark v. Co-Operators General Insurance Company (1997), 36 O.R. (3d) 779 (Gen.Div.)
Popen v. State Farm, [1997] O.I.C.D. No. 205
Names of parties unpublished, [1998] O.W.S.I.A.T.D. 1693
Taylor v. Bank of Nova Scotia, [1998] O.J. No. 2701 (Gen.Div.), [1998] O.J. No. 4803 (Gen.Div.)
Hart v. State Farm, [1998] O.F.A.C.I.S. No. 67
Re Sarnia Official Plan Amendment [1998] O.M.D.B. No.1348
Hamlyn v. Southam Inc., [1999] O.J. No. 1710 (S.C.J.)
Donald v. Sarnia General Hospital, [2000] O.J. No. 5764
Walker v. Ritchie, [2003] O.J. No.18, [2003] O.J. No. 5596, [2004] O.J. No. 787
Doyle v. Petrolia (Town), [2003] O.J. No. 4024
Doan v. Hull Bus Lines Ltd., [2005] O.W.S.I.A.T.D. 1774
Garrett v. Canada (Minister of Human Resources Development), [2005] F.C.J. No. 380 (F.C.A.)