Mario Delgado, is an insurance defence lawyer who has extensive experience defending claims involving professional liability, construction, dental malpractice, products liability, complex bodily injury and property insurance.
Prior to joining Dolden Wallace Folick, Mario was a partner at a Toronto litigation boutique 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 Ontario Court of Appeal.
Mario’s representative work includes:
Defence of Professionals
Mario has represented numerous professionals’ including architects, engineers, dentists, optometrists, insurance brokers, 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.
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.
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.
Representing clients in matters involving negligence claims involving dentists, chiropractors, optometrists, naturopaths, psychotherapist and other medical professionals in regulatory and civil proceedings. Mario has been involved in cases arising out of negligent treatment, wrongful death, failure to obtain informed consent, failure to diagnosis illness, failure to provide adequate post-operative care and failure to meet the requisite standards mandated by the health professional’s governing body.
Mario routinely works with experts to assist in the defence of health professionals. He routinely appears before tribunals and various levels of court on these matters.
Complex bodily injury
Mario has significant experience defending complex bodily injury claims arising from dental claims and slip and falls.
Mario has acted as defence counsel in claims arising out of faulty workmanship, fire and water leakage.
“What limits should I carry?” The Straight Line, Issue 2, June 2016.
“How long should I keep my project records?” The Straight Line, Issue 1, December 2015.
“Blockwall Masonry Ltd. v. Acraio Design – Case Commentary”, Nuts and Bolts, Newsletter, v.22, No. 3: February 2008.
Bollard v. Eller, 2013 ONSC #5112;
Dickie v. Minett,  O.J. No. 4314;
Tucows.com Co. v. Lojas Renner S.A.  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.,  O.J. No. 1593;
Darlind Construction, Inc. v. Rooflifters, LLC, 2009, CanLII 13617 (ON SC).