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Nadia Marotta

Toronto Office 225 King Street West, Suite 1500

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Meet Nadia Marotta

Insurance Defence Lawyer

"I enjoy taking a critical eye to any claim, assessing liability, and formulating a defence strategy that best serves the interests of my client."

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Professional Highlights

  • Partner, Lerners LLP (2019 - present)
  • Associate lawyer, Lerners LLP (2013 - 2019)
  • Articling Student, Lerners LLP (2012-2013)

  • Municipal Liability - non-repair of roads, snow and ice on sidewalks, trip hazards on sidewalks, by-law enforcement
  • Police - negligent investigation, malicious prosecution, false arrest, confidential informants, alleged Charter breaches
  • Firefighters - Fire Code inspections and enforcement, dispatching, response times, fire suppression, rekindling
  • Motor vehicle accidents - defending motorists involved in collisions, claims involving uninsured or unidentified motorists
  • Occupiers' Liability - injuries at recreational and sports facilities, fall incidents at commercial or residential properties, waivers of liability

  • Bernatchez v. Barrie Police Services Board (2019 ONSC 4607 and 2019 ONSC 4881) – I successfully argued for production of “confidential” witness statements from the Special Investigations Unit, resulting in a significant costs award against the Special Investigations Unit.
  • Watton v. Barrie Police Services Board (2018 ONSC 2094) – I obtained summary judgment dismissing a malicious prosecution action that was brought against a police force.
  • Thomson v. Durham Police Services Board (2017 ONCA 958) – I obtained summary judgment dismissing an action brought against a police force in respect of seized and allegedly damaged property. The Court of Appeal agreed the action was brought too late.
  • Azzeh v. Legendre (2017 ONCA 385) – I successfully appealed a decision adding a municipal road authority after the expiry of the 10 day notice period in the Municipal Act, 2001. This case addressed the application of the notice period on a claim brought by an infant plaintiff.
  • Inquest into the Deaths of Twiddy, Towie, and Harrison (April 2016) – I represented a fire department in a coroner's inquest that focused on 911 communications, fire suppression, and fire prevention issues.
  • I appeared in criminal court and successfully opposed a claim for compensation brought against a police force under s. 490(10) of the Criminal Code (April 2015)
  • I appeared in criminal court and successfully opposed a claim for compensation brought against a police force under s. 24(5) of the Controlled Drugs and Substances Act (June 2014)

  • Selected by her peers for inclusion in The Best Lawyers in Canada (2021)

  • Coroner’s Inquests: Risk Management Strategies for Municipalities – Speaker at the International Municipal Lawyers Association Conference (October 16, 2017)
  • Liability issues arising from 911 emergency communications - Speaker at the Ontario Association of Fire Chiefs Conference (May 2, 2016)

  • Admitted to Ontario Bar (2013)
  • Juris Doctor, with Honours, University of Toronto (2012)
  • Honours Bachelor of Arts, with High Distinction, University of Toronto (2009)

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Contact

Phone:
416.601.4189
Fax:
416.601.4196