Nadia Marotta

Appeals Lawyer

Phone:

416.601.4189

Fax:

416.867.2410

PROFESSIONAL HIGHLIGHTS

Representative Work

Noteworthy Cases

Speaking Engagements

Awards and Recognition

Education and Professional History

Nadia’s Areas of Expertise

Representative Work

Nadia Marotta is a Toronto-based litigator and advisor focusing on health law and insurance issues.

Nadia understands the legal challenges that arise in healthcare. She has over a decade of experience defending health professionals in complex malpractice litigation, including allegations of negligence and informed consent issues. She regularly advises health professionals on medico-legal issues that arise in their practice, including privacy and confidentiality, consent and capacity, human rights, and credentialing.

Nadia has extensive experience with all aspects of the professional regulation process. She helps healthcare providers and other professionals navigate complaints, quality assurance issues, and investigations, including when they escalate to a hearing. She has prosecuted allegations of professional misconduct. She also acts as independent legal counsel to adjudicators in discipline and fitness to practice proceedings.

Nadia’s insurance practice includes a wide range of tort litigation, including professional negligence, municipal and public entity liability, occupiers' liability, and aviation claims. She regularly defends first responders, including police officers, firefighters, and paramedics. She has appeared as counsel in numerous coroner's inquests arising from police use of force, fire fatalities, and deaths in correctional facilities. In the recreational sports context, Nadia has particular experience drafting and litigating liability waivers.

Nadia is also insurance coverage counsel. She specializes in disputes over commercial and specialty insurance products, including director and officer liability, professional liability, commercial general liability and cyber insurance policies. She provides coverage opinions to both insurers and policyholders. She has assisted carriers in Canada, the United States and the United Kingdom. When a solution cannot be reached, Nadia has the advocacy skills to defend or prosecute coverage litigation.

Noteworthy Cases

Hamilton-Dawkins v. Town of Ajax (2024 ONSC 2152) - Successful defence of a claim arising from a trip and fall on a municipal sidewalk
Inquest into the Death of Clinton Shannon (2024) - Counsel for five physicians in a coroner’s inquest related to the management of head trauma in correctional facilities
Inquest into the Death of Teresa Gratton (2023) - Counsel for two physicians in a coroner’s inquest related to Methadone treatment in correctional facilities
Arksey v. Sky Zone Toronto (2021 ONSC 4594) – Summary judgment dismissing a personal injury action on the basis of a liability waiver signed by the plaintiff
Ihenyen v. Durham Regional Police Services Board (2021 ONSC 3877) – Successful motion to enforce a settlement by compelling a self-represented plaintiff to sign a release
Bernatchez v. Barrie Police Services Board (2019 ONSC 4607 and 2019 ONSC 4881) – Successful motion for production of witness statements from the Special Investigations Unit
DeCaries v. State Farm (2019 FCA 50) – Dismissal of a medical negligence action that was erroneously brought in the Federal Court
Watton v. Barrie Police Services Board (2018 ONSC 2094) – Summary judgment dismissing a malicious prosecution action that was brought against a police force
Babjak v. Karas (2018 ONSC 2093) – Summary judgment dismissing a negligence claim against an ophthalmologist on the basis of an expired limitation period
McCain v. Melanson (2016 ONSC 6350) – Intervention in a matrimonial proceeding to prevent the wife from filing inadmissible evidence about a physician
Thomson v. Durham Police Services Board (2017 ONCA 958) – Summary judgment dismissing an action brought against a police force for property damage and loss
Azzeh v. Legendre (2017 ONCA 385) – Dismissal of an infant’s claim against a municipal road authority on the basis of the notice period in the Municipal Act, 2001
Inquest into the Deaths of Twiddy, Towie, and Harrison (2016) – Counsel for a fire department in a coroner's inquest that focused on 911 communications, fire suppression, and fire prevention issues
Colin v. Tan (2016 ONSC 1187) – Dismissal of a negligence claim against an orthopedic surgeon on the basis of an expired limitation period
Larman v. Mount Sinai Hospital (2014 ONCA 923) – Dismissal of a negligence claim against several orthopedic surgeons given the lack of expert evidence to substantiate the claim

Speaking Engagements

Liability for your Trip, Slip and Fall Cases – Speaker, Colloquium 2021 (October 21, 2021)
The Moore Decision: Outlier or New Normal – Chair, Canadian Defence Lawyers Program (September 29, 2021)
Using Waivers Effectively – Speaker, Canadian Lawyer Program (January 27, 2021)
Mastering Summary Judgment Motions – Speaker, Ontario Bar Association Program (October 27, 2020)
Privacy Guidelines and Best Practices – Panel Moderator, Ontario Bar Association (February 7, 2019)
Coroner’s Inquests: Risk Management Strategies for Municipalities – Speaker, International Municipal Lawyers Association Conference (October 16, 2017)
Liability Issues Arising from 911 Emergency Communications – Speaker, Ontario Association of Fire Chiefs Conference (May 2, 2016)
An Update on Medical Assistance in Dying - Chair, Ontario Bar Association Program (November 1, 2016)
The Buzz on Medical Marijuana - Chair, Ontario Bar Association Program (June 20, 2016)
Medical Malpractice Trial 101 - Chair, Ontario Bar Association Program (April 12, 2016)
Demystifying Hospital Privileges Disputes - Chair, Ontario Bar Association Program (November 18, 2015)

Awards and Recognition

Best Lawyers in Canada, Health Care Law, Insurance Law, Director and Officer Liability Practice
Canadian Legal Lexpert Directory, Medical Negligence