NAOMI LOEWITH is an associate at Lenczner Slaght. 

Naomi holds a B.A. (Honours) from the University of Western Ontario, and obtained a J.D. (cum laude) from Harvard Law School in 2005.  While completing her legal studies, Naomi interned at the U.N. International Criminal Tribunal for Rwanda.  Prior to joining Lenczner Slaght, Naomi clerked for Mr. Justice Morris Fish on the Supreme Court of Canada.

Naomi’s practice encompasses commercial litigation, professional negligence, defamation, and actions on behalf of and against all levels of government.  Naomi advises boards of directors and small businesses, and prosecutes professional discipline matters before a number of regulatory health bodies in Ontario.

Naomi provides assistance to low-income litigants through Pro Bono Law Ontario, and is on the Board of Africa’s Children – Africa’s Future, an organization which provides educational and financial support to child-headed households in Tanzania.  Naomi is a member of the Advocates’ Society, the Ontario Bar Association and the New York State Bar Association. 

CASES

A representative list of Naomi’s cases follows:

Graf v. Preddie (Div. Ct., 2009) – argued successful response to an appeal from a judgment finding breach of a fundamental term of a tenancy contract.

Thales Rail Signalling Solutions Inc. v. Toronto Transit Commission, 2009 CanLII 21766 (S.C.J.) – sought injunction against the TTC for breach of contract and breach of good faith duty during a public procurement process.

MultiFormulations Ltd. et. al. v. Allmax Nutrition Inc. et. al, [2009] F.C.J. No. 479 – successful opposition to motion to strike statement of defence and counterclaim in action for patent infringement and violations of Competition Act.

Fantl v. Transamerica Life Canada, 2009 ONCA 377 – appeal of lower court decision not to set aside a notice of change of solicitors and to disqualify a plaintiff from becoming a representative plaintiff in a proposed class proceeding as a result of the representative plaintiff’s alleged failure to pursue the best interests of the class.

College of Opticians of Ontario v. City Optical (S.C.J., 2009) – argued for and obtained injunction against optical store dispensing eyeglasses in violation of the requirements under the Regulated Health Professions Act and the Opticianry Act.

Canadian National Railway Co. v. Holmes et al., 2008 (S.C.J.) - obtained Anton Pillar and Mareva injunctions in order to protect evidence and assets related to alleged employee fraud.

Toronto Taxicab Industry Assn. v. Airport Taxicab (Pearson Airport) Assn. et. al, (2008, S.C.J.) – successful response to motion to intervene by the Toronto Taxicab Industry Association in a challenge to a City of Toronto by-law regulating the licensing of taxis and limousines.

AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. 2008, 91 O.R. (3d) 481 (C.A.) – successful response to an appeal with respect to the dismissal of an application by an insurer for a declaration defining and limiting the scope of a “Rip and Tear” exclusion in an insurance contract in a case of extensive property damage.
 
Valrut Investments Ltd. v. Norstar Commercial Developments, [2008] O.J. No. 1322 (S.C.J.) - successfully opposed motion by a business partner to compel assignment of an agreement of purchase and sale entered into by the partnership to the moving party for a fixed price, on account of the breakdown of the partnership and allegations of a breach of fiduciary duty.

Airport Taxicab (Pearson Airport) Assn. v. City of Toronto, [2008] O.J. No. 490 (S.C.J.) - obtained interlocutory injunction prohibiting the City of Toronto from enforcing a new by-law regulating the licensing of taxis and limousines. 

Roberts v. Mok, [2008] O.J. No. 439 (S.C.J.) - opposed motion for assessment of legal account for criminal representation.

D.P. v. B.B. (2008) – successful jury trial of an action against an emergency physician alleging misdiagnosis leading to patient’s death.

Integrated Grain Processors Co-operative Inc. v. Natural Resources Gas Limited, Ontario Energy Board, 2008 – proceedings before OEB on behalf of gas distribution company relating to obligations of the company under contracts designed to facilitate construction of an ethanol plant.

Professional Institute of the Public Service of Canada v. Canada (Attorney General), [2007] O.J. No. 4577 (S.C.J.) – successful defence of an action on behalf of Government of Canada relating to accounting practices in a pension and alleged surplus funds available to members of public service unions.