Mario Delgado

Mario Delgado (He/Him)

Mario Delgado is an insurance defence lawyer with extensive experience defending claims involving professional liability, construction, dental malpractice, soft medical malpractice, products liability, complex bodily injury, municipal liability and property insurance.

Prior to joining Dolden Wallace Folick, Mario was a partner at a Toronto litigation boutique law firm with a practice primarily focused on insurance defence litigation.  He has a passion for advocacy and for providing clients with cost effective pragmatic solutions to complex litigation claims.  He regularly appears in the Superior Court of Justice, the Divisional Court of Ontario and the Court of Appeal for Ontario.

Mario’s representative work includes:

Defence of Professionals

Mario has represented numerous professionals’ including architects, engineers, dentists, naturopaths, psychotherapists, optometrists, insurance brokers, paralegals, property managers in cases involving claims of alleged negligence in the performance of their professional responsibilities.

In 2013, he represented two design professionals at the Elliot Lake Inquiry that was commissioned to investigate the causes of the Algo Centre Mall collapse which left 19 people injured and resulted in two deaths.

In 2010, he was defence counsel of record in a quasi-criminal matter relating to a claim of sexual assault arising from the administration of anesthetics during a surgical procedure.

Construction Law

Mario has significant experience in defending claims arising from all stages of the construction process including, errors and omissions in design phase, bidding and tendering process, over-certification, lien claims, fee disputes, product liability and delay claims.

He has been involved in defending claims arising from all types of construction projects including the design and construction of single residential homes, townhome developments, condominiums, industrial buildings, banks, medical buildings, commercial retail buildings, educational centres, recreational buildings, sporting arenas and medical buildings to name a few.

Products Liability/Negligence

Mario has defended claims relating to a wide range of products/materials.  He has been involved in product liability disputes involving various commercial, industrial and dental products/materials.  These cases require Mario to work closely with experts to determine the cause of the incident and whether the alleged deficiency is one of design, negligent or deficient manufacturing, negligent installation or misuse of the product/material.

Environmental

Mario is routinely retained by EIL insurers to defend claims brought against both spill and long-term pollution contamination events, particularly in the construction and energy sectors.  Mario has experience in environmental matters relating to development projects, pipelines, emissions, oil spills and soil contamination and contamination entering the water table.  In addition to defending claims, he routinely advises stakeholders in environmental matters and provides strategic advice in minimizing their risk exposure.

Property Damage

Mario is defence counsel in property claims arising out of faulty workmanship, fire and water leakage.  Mario has successfully defended claims and has experience in matters arising from combustible materials, negligent installation, sprinkler failure, improper maintenance, abandoned premises and failure to comply with building code.

Medical Malpractice

Mario has significant experience defending practitioners in civil proceedings and at various administrative tribunals.  Mario has been involved in matters arising from the failure to: diagnose, provide reasonable treatment, obtain consent, carry out treatment in accordance with relevant standards and provide adequate post-operative care.  He routinely defends practitioners in cases involving allegations that the practitioner has failed to meet the standards expected by the regulatory body.

Reported Decisions:

Darlind Construction, Inc. v. Rooflifters, LLC, 2009, CanLII 13617 (ON SC).

Tucows.com Co. v. Lojas Renner S.A.[2010] O.J. No. 6074, reversed 2011 ONCA 548;

Waterloo Region District School Board et al v. CRD Construction Ltd. et al, 98 O.R. (3d) 534, affirmed 2010 ONCA 838;

Hamilton (City) v. Thier + Curran Architects Inc.[2011] O.J. No. 1593;

Dickie v. Minett, [2012] O.J. No. 4314;

Bollard v. Eller, 2013 ONSC #5112;

Mario Delgado's practice areas include:

 

Property Damage

Commercial General Liability

Construction

Coverage

Environmental

Medical Malpractice

Municipal Liability

Product Liability

Professional Liability

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