Anthony L. Giannotti

B.A., B.Ed., Cert. Crim., LL.B, Juris Doctor

Achievements and Awards

Education

Anthony Giannotti has attained the following Degrees and Designations:

• Bachelor of Arts – University of Windsor, Ontario Canada 1986
• Bachelor of Education – University of Windsor, Ontario Canada 1987
• Ontario Teacher’s Certificate  – 1987
• Criminology & Criminal Justice –University of Windsor, Ontario Canada 1989
• Bachelor of Laws –University of Windsor, Ontario Canada 1992
• Barrister & Solicitor Admitted to the Rolls of the Law Society of Ontario, 1994
• Specialist in Civil Litigation Certified by the Law Society of Ontario 2004
• Juris Doctor – University of Windsor, Ontario Canada 2013

He has been an invited guest lecturer and presenter for associations such as the Law Society of Ontario, The Advocates Society, the University of Windsor Civil Trial Advocacy Course, and the Ontario Trial Lawyers Association (2006 Fall Conference, 2008 Spring Conference).  He has also taught the Bar Admission Course Civil Litigation Section for the Law Society of Ontario.

Leading and Cutting Edge Cases

Tort Law

Anthony Giannotti has acted as counsel in several high profile cases in Ontario and practices in the Court of Appeal as well. Anthony Giannotti has acted as counsel in many cutting edge cases.  In 1998, he sued the Township of Lasalle for wrongful death of a local teenager in 1998 which acted as the catalyst for sidewalks and streetlights being constructed in Lasalle, Ontario.

In 2005, Anthony Giannotti pushed the envelope of Tort Law and in particular the area of Nervous Shock/Product Liability when he successfully sued international water company Culligan, for damages resulting from the existence of a fly in a bottle of water where his client suffered a severe psychiatric reaction;

The case was heard by the Court of Appeal for Ontario as well as the Supreme Court of Canada.

Employment Law

In 2005 Anthony Giannotti again pushed the envelope in the area of Employment and Wrongful Dismissal Law when he obtained a Judgment against an international company, Flex N Gate, for damages resulting from Wrongful Dismissal of his client.  The Judgment was unique in that both Punitive and Aggravated Damages were awarded in a wrongful dismissal case in addition to Damages awarded pursuant to the principles in the Supreme Court of Canada decision in Wallace v. United Grain Growers Ltd.;  The case has since gone on to become a precedent for other courts.

Prior to becoming a lawyer, Anthony Giannotti worked as a high school teacher for the Windsor Roman Catholic Separate School Board for 2 years.

Entertainment/Literary Works and Film

Anthony Giannotti has a separate and distinct career which he maintains in addition to his illustrious law practice. Prior to entering law, Anthony Giannotti became an accomplished musician and has performed professionally for over 35 years.  His is a multi-instrumentalist focusing on electric and classical guitar, piano, and vocals.

He has been a member of The Society of Authors, Composers, and Music Publishers of Canada (Socan) since 1987 and continues to be active in the entertainment industry.   He is a guitarist, singer, songwriter and musician of the highest caliber who funded his education through his performances.  He has written and recorded numerous songs and in particular wrote and recorded the commercial for The Canadian Cystic Fibrosis Foundation called “The Breath of Life”.

Anthony Giannotti is also the President of Calabrese Productions Inc. based in Ontario, Canada which promotes and produces live acts in North America.

Anthony Giannotti acts as manager, producer and tour promoter internationally acclaimed Australian Comedian Joe Avati.  Anthony Giannotti is the Executive Producer of Joe Avati Live!; Joe Avati & Friends; Joe Avati Back 2 Basics Tour; all of which shows have toured throughout North America since 2001.

Anthony Giannotti was chosen by Neal Schon of the rock super groups JOURNEY and SANTANA to write a Biographical book of the famed guitarist (and Santana guitarist).

Anthony was also selected by Gregg Rolie, founder and lead singer of SANTANA, and keyboardist, songwriter, and vocalist for JOURNEY, currently with the RINGO STARR ALL STAR BAND, to assist and contribute in writing Gregg’s Biography.

Anthony Giannotti is also a member of the esteemed Writer’s Guild of Canada.  He is under contract with the prestigious film company and distributor Equinoxe Films of Montreal Canada for the production of film and television series.

Anthony Giannotti continues to actively practice civil litigation in Windsor Ontario in addition to expressing his artistic talents through music, book writing, and movie writing.

Publications

It started with a tattoo: Is your independent contractor really an employee?
August 12, 2024 – Law 360 – Lexi Nexis

Employer’s conduct found to repudiate otherwise valid contract
August 08, 2024 – Law 360 – Lexi Nexis

So You Think Your Employment Contracts are Valid? Think Again!
April 2024 – Windsor Business Magazine

Scrutinize Employment Contracts Now to Avoid Excruciating Pain Later
February 29 2024 – Law 360 – Lexi Nexis

The Slow but Welcome Extinction of Harassment Dinosaurs
July 11, 2022 – The Lawyers Daily – Lexis Nexis

Guitars and Cars: The Passions of Neal Schon (Hong Kong The Quail Magazine 2014)

Feature article on Journey and Santana Guitar virtuoso Neal Schon.  Article is published in high-end magazine by the Pennisula Hotel and is placed in 15,000 Pennisula Hotel rooms and suites 365 days per year;

https://www.quaillodge.com/assets/pdfs/Guitars_and_Cars_Passions_of_Guitar_Legend_Neal_Schon_TheQuailMagazine_2014_FINAL.pdf

Prolific Journey

The Only Authorized Biography of Neal Schon

(To Be Released)

From the Snail in the Beer to the Fly in the Water – The Law of Nervous Shock

(2006) Ontario Trial Lawyers Fall Conference (Ontario Trial Lawyers Association)

Overview of the Mustapha vs. Culligan case written and delivered by the Trial Lawyer on the case detailing the legal impact of the case on the Canadian Law.

The Law of Nervous Shock in Canada (Ontario Trial Lawyers Association)

Ontario Canada May 22, 2008

Leading trial lawyer, Anthony Giannotti, provides a detailed analysis of the state of the Law in Canada on the Tort of Nervous Shock for the members of the Ontario Trial Lawyers Association.

They Call Me Columbo – The Psychology of Litigation and Negotiation

The Lawyer’s Daily News Lexis Nexis Canada December 2021

Leading Trial Lawyer and Litigation Specialist examines the psychology behind advocacy and negotiation.

The Case of the Surreptitious Employee – After Acquired Cause

The Lawyer’s Daily News Lexis Nexis Canada March 23, 2022

Leading Trial Lawyer, Anthony Giannotti examines the case of an employee whose dismissal was justified when facts emerged after the termination that if known before, would have provided just cause.

Tipping the Scales in Court

The Lawyer’s Daily News Lexis Nexis Canada March 29, 2022

Leading Trial Lawyer, Anthony Giannotti, provides advocacy tips to Canadian Lawyers to help get the best results in court.

Reported Cases

The following are reported precedent setting cases in which Anthony Giannotti has acted as counsel:

1. Francis v. Great Northern Hydroponics, 2015 HRTO 1175 (CanLII) Human Rights Tribunal of Ontario — Ontario-offer to settle letter — reactivation deferred application— half-day preliminary hearing by teleconference — appropriately dealt with its substance — proceeding
2. Indcom Leasing Inc v Economy Lube Mississauga #2 Inc, 2014 (CanLII) 50236 (ON SCSM)
   Cause of action arose — venue — guarantors — territorial division — set aside
3. Wu v. Gore Mutual Insurance Co. (2009) Ontario Superior Court of Justice  Carswell 7577 Subject: Insurance- Fire Loss – Policy Interpretation;
4. Rivait v. Monforton, 2007 ONCA 829 (CanLII) Rivait v. Monforton, 2007 ONCA 829
5. Plasponics Ltd. v. Bernard Mould Ltd. 2007 CarswellOnt 3265 Ontario Superior Court of Justice May 25, 2007 Docket: 06-CV-7635CM Subject: Corporate and Commercial; Civil Practice and Procedure; Contracts Alternative dispute resolution. Contracts.
6. Mustapha v. Culligan of Canada Ltd. 2006 CarswellOnt 2385 39 C.C.L.T. (3d) 8 Ontario Superior Court of Justice April 19, 2006 Docket: 03-CV-27CM Subject: Torts; Civil Practice and Procedure Negligence — Practice and procedure — Costs – General
7. Messrs. Corrent & Macri, LLP v. Pillette Transfer Station Ltd. 2006 CarswellOnt 887 Ontario Superior Court of Justice February 16, 2006 Docket: 05-CV-5089 Subject: Public; Civil Practice and Procedure Professions and occupations — Barristers and solicitors — Fees — Agreements for fees — Existence of agreement
8. Rivait v. Monforton 2005 CarswellOnt 5898 Ontario Superior Court of Justice November 1, 2005 Docket: 99-GD-47221 Subject: Public; Civil Practice and Procedure; Torts Professions and occupations — Barristers and solicitors — Negligence — In conduct of action – Miscellaneous
9. Mustapha v. Culligan of Canada Ltd. 2005 CarswellOnt 1456 32 C.C.L.T. (3d) 123 Ontario Superior Court of Justice April 7, 2005 Docket: 03-CV-27CM Subject: Torts; Civil Practice and Procedure Negligence — General principles — Causation — Mental and nervous shock
10. Bouma v. Flex-N-Gate Canada Co. 2005 CarswellOnt 1263 40 C.C.E.L. (3d) 2 Ontario Superior Court of Justice April 4, 2005 Docket: 02-GD-53415 Subject: Civil Practice and Procedure; Labour and Employment; Public Civil practice and procedure — Judgments and orders — Construction and interpretation
11. 507656 N.B. Inc. v. Lafond 2000 CarswellOnt 5105 38 R.P.R. (3d) 113 Ontario Superior Court of Justice December 6, 2000 Docket: 99-GD-46342 Subject: Property Limitation of actions — Real property — Adverse possession — Possession — Continuous — Successive occupants
12. Accucaps Industries Ltd. v. Stedin International Inc. 2000 CarswellOnt 276 Ontario Superior Court of Justice January 24, 2000 Docket: 95-GD-32669 Subject: Contracts; Corporate and Commercial Contracts — Performance or breach — Breach — General. Trade and commerce — Trade secrets and confidential information – Employees
13. Sidhu v. Kooner 1999 CarswellOnt 2217 Ontario Court of Appeal July 22, 1999 Docket: CA C31270 Subject: Civil Practice and Procedure Practice — Costs — Appeals as to costs – General
14. Sidhu v. Kooner 1998 CarswellOnt 5049 Ontario Court of Appeal December 18, 1998 Docket: CA M23190 Subject: Corporate and Commercial; Civil Practice and Procedure
15. Sidhu v. Kooner 1998 CarswellOnt 5088 Ontario Court of Justice (General Division) August 26, 1998 Docket: Sault Ste. Marie 95-GD-33816 Subject: Corporate and Commercial
16. Tannous v. Donaghue 1998 CarswellOnt 2362 Ontario Court of Appeal June 8, 1998 Docket: CA C23447, C23375 Subject: Labour and Employment
17. Sidhu v. Kooner 1997 CarswellOnt 3137 Ontario Court of Justice (General Division) August 13, 1997 Docket: Sault Ste. Marie 95-GD-33816 Subject: Corporate and Commercial
18. James Joseph Morrison Management Ltd. v. Dofasco Inc. 1997 CarswellOnt 1256 26 O.T.C. 336, 34 C.P.C. (4th) 309, [1997] O.J. No. 1083 Ontario Court of Justice, General Division March 11, 1997 Docket: Windsor 92-GD-20032 Subject: Civil Practice and Procedure; Insolvency; Corporate and Commercial Practice — Trials — Place of trial — Application for change of venue — Grounds for change of venue
19. P.R. Mold & Tools Inc. V. Corrado; 1995 CarswellOnt 745; Ontario General Division; May 2, 1995; Docket: Doc. Simcoe 95-GD-31863; Subject: Civil Practice and Procedure
20. Village Grove Corp. v. Collins; 1996 CarswellOnt 539; 1 R.P.R. (3d) 103; Ontario Court of Justice (General Division); February 15, 1996; Docket: Doc. Windsor 94-GD-29999;