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Civil Lawyers – Insurance Defence

Civil Lawyers

Civil Lawyers – Insurance Defence

Insurance Defence Lawyers

At Scardicchio Law Office Professional Corporation, our team of Civil Litigation Lawyers provide effective legal advice to and on behalf of insurers on threshold policy conditions, automobile coverage, exclusions of coverage, and an insurer’s duty to defend.  We also provide advice on different insurance policies, including:
Automobile Insurance
Home Insurance
Business Insurance
Third-party liability coverage
Life Insurance
Health Insurance
Critical Illness Insurance
Extended health insurance claims

Disability Insurance
Dental Insurance claims
Long-term disability coverage
Fire Loss Claims
Property Loss Claims
Flood Loss Claims
Accidental Death and Dismemberment Policy Disputes

Dispute Litigation

Our Civil Litigation Lawyers practice insurance dispute litigation in: Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario. Our civil litigation lawyers have extensive experience in dealing with both Superior Court of Justice and Small Claims cases in Ontario. 

The Ontario Superior Court of Justice hears cases where contract dispute claims are above $35,000.  In Small Claims court in Ontario, however, there has been an increase to hear most matters in dispute of up to $35,000. Examples of Small Claims Court matters include: property damage, contracts, civil disputes, debt collection, and damages under $35,000.

Insurance Defence Litigation

We represent numerous insurance companies with respect to their litigation needs. Our team of lawyers have extensive experience in insurance matters including:

  • Bodily injury
  • General liability insurance
  • Property losses
  • Occupiers’ liability
  • Tavern liability
  • Institutional liability
  • Municipal liability
  • Accident and disability claims
  • Life insurance claims
  • Fraud and special investigations
  • Product liability
  • First party disputes
  • Coverage issues

Resolutions that fit the bill

Oftentimes, there is the possibility of insurance claim disputes being settled without the need to attend court.  At Scardicchio Law Office Professional Corporation, depending on your particular legal needs, there are times where more affordable options are available for a resolution to your matter.  For example, our Civil Litigation Lawyers offer an initial retainer to make amicable attempts to resolve your case:

  • A Demand Letter drafted and served on the individual or business who owes you money (the debtor);
  • Corresponding with the debtor to come to an agreed arrangement.
  • Drafting, serving and filing the documents in court where discussions to resolve are not met with a response;
  • Pursuing a judgment in order to settle your case.

    At Scardicchio Law Office, our dedicated insurance claim lawyers will investigate every detail of the case, review the insurance policy and review the reasons for a denial.  

What is a contract dispute?

Most contractual disputes arise over the interpretation of the agreement.  The first place to start is to determine if there is a valid contract.  The wording of the agreement will often indicate whether there has been a breach or not. Often, the breach will be clear and obvious.

Oftentimes, there is the possibility of civil contract dispute cases being settled without the need to attend court. 

Often, a breach will be resolved with monetary payment. However, there are also circumstances where an individual or business may be ordered to fulfill the terms of a contract, which is called “specific performance.” Each party under the contract is required to fulfill their end of the contractual agreement. A court may review a contract and then order a party to fulfill their obligations, make payments or both.

At Scardicchio Law Office Professional Corporation, depending on your particular legal needs, there are times where more affordable options are available for a resolution to your matter.  For example, our Civil Litigation Lawyers offer an initial retainer to make amicable attempts to resolve your case:

  • A Demand Letter drafted and served on the individual or business who owes you money (the debtor);
  • Corresponding with the debtor to come to an agreed arrangement.
  • Drafting, serving and filing the documents in court where discussions to resolve are not met with a response;
  • Pursuing a judgment in order to settle your case.

What are the remedies for a breach of contract?

The standard remedy for breach of contract is a monetary award for damages, where the innocent party is put in the position they would have been in, had the contract been performed as agreed.  Depending on the facts of each specific case, some of the compensatory damages include lost profits, interest, and or additional expenses required to fulfill the contract.  Loss of enjoyment can also be sought, among other damages.  Punitive damages can also be awarded also depending on the circumstances and if the conduct of the party who breached is so serious as to warrant them.

Areas of Civil Litigation we serve

AREAS OF CIVIL LITIGATION WE PROVIDE LEGAL SERVICES:

Business litigation

Corporate litigation
Insurance claim denials
Homeowners and Contactor Disputes
Service Provider Disputes
Consumer Warranties
Consumer Protection Act Claims

Debtors’ rights and obligation, and remedies

Foreclosure

Contractual disputes/Breach of contract

Real Estate and Mortgage litigation

Construction lien
Fraud and misrepresentation actions
Landlord and Tenant Board

Smalls Claims Court

Commercial litigation
Commercial leases

Contractual, Partnership and Shareholder Disputes

Creditors’ remedies

Tort/Negligence claims

Commercial litigation

Employment/Wrongful Dismissal

Collections
Unpaid Invoices/Debt collection and recovery
Unpaid Loans
Damage to property
Non-payment for bulk sales or delivered goods

Negotiation and mediation of matters

Superior Court of Justice

CIVIL CLAIMS LEGAL SERVICES

  • Civil litigation
  • Civil trials
  • Civil motions and civil applications
  • Claim discovery and cross examination
  • Contractual litigation
  • Commercial litigation including shareholder disputes
  • Construction and general liens
  • Commercial property disputes
  • Real estate and mortgage litigation – commercial and residential
  • Insurance litigation
  • Superior Court of Justice cases
  • Small claim cases

What locations do you serve?

Scardicchio Law Office Professional Corporation provides civil litigation services, including Insurance defence and Insurance policy coverage denial claims to multiple jurisdictions across Southwestern Ontario, including:

Mississauga
Brampton
Toronto
Milton
Oakville
Burlington
Newmarket
Orangeville
Kitchener
Hamilton
Barrie
Oshawa

“Justice denied anywhere diminishes justice everywhere.” 

– Martin Luther King Jr.

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Insurance Defence Lawyers In Ontario

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The Results You Deserve

Our team of dedicated Civil Litigation Lawyers assist with Insurance Defence matters in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario, represent your civil litigation claim, and we will work to get you the results you deserve.  If you are an insurance company that is involved in a civil litigation or contract dispute, contact us today for a free telepone consultation to discuss your case.

What is a Mareva Injunction

A Mareva injunction is an extreme remedy granted in exceptional circumstances to freeze a defendant’s assets before judgment.  The Plaintiff must do each of the following:
1) make full and frank disclosure of all material matters;
2) give full particulars of the claim against the defendant and highlight potential defenses;
3) show that the defendant has assets in the jurisdiction;
4) show that there is a real risk of the assets being removed out of the jurisdiction, or disposed of before trial and that the plaintiff will be unable to satisfy a potential judgment; and
5) give an undertaking as to damages.

What is an Anton Piller Order?

The jurisdiction to issue a private search warrant rests with the Ontario Superior Court.  An Anton Piller order essentially authorizes a private party to insist on entrance to the premises of the party it believes has defrauded them in order to seize and preserve evidence which will assist in furthering its claim.
In order to apply for an Anton Piller Order, a Plaintiff must show 4 elements: 1) a strong prima facie case; 2) damage to the plaintiff of the defendant’s alleged misconduct, potential or actual, and must be very serious; 3) convincing evidence that defendant possesses incriminating documents or things; and 4) a real prospect that the defendant may destroy the material before discovery. 

What is a Norwich Order?

A Norwich order compels a third party to provide the applicant with information where the applicant believes they have been wronged and needs the third party’s assistance in order to determine the circumstances of the wrongdoing which will assist the applicant to pursue its legal remedies. This type of order is also known as a tracing order.

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Civil Lawyers – Insurance Defence

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Sunday: 12am – 4pm

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