Nick Mahdavi
38 Cameron Street,Toronto, Ontario
Summary
Senior lawyer possessing 8+ years of insurance defence experience handling complex claims applying for the Associate Senior Counsel position, P&C Litigation at The Co-operators.
Overview
10
10
years of professional experience
Work History
Senior Lawyer and Practice Leader
TD Insurance Staff Legal
11.2019 - Current
- Provide expert quality legal representation to clients and insureds on complex tort matters including MVA's, slip and falls, residential claims, multiple exposure and excess matters, fatalities, UIM/OPCF-44R actions, city/town liability, amongst others
- Represent clients on complex Accident Benefits applications before the License Appeal Tribunal on medical and rehabilitation denials, attendant care, income replacement, and catastrophic determination amongst others (currently with 4 successful decisions at the LAT, and 1 in Small Claims)
- Negotiate settlements and adhere to internal protocols while applying cost savings where appropriate
- Regularly appear before the LAT and Superior Court of Justice, attend Examinations for Discovery, EUO's, Case conferences, Mediation, Motions, and Pretrials
- Regularly prepare document briefs, Written Submissions, Factums and Book of Authorities
- Participate in training and mentorship of junior team members, also was acting Articling Principal 2023/2024
- Prepare witnesses for hearing questions, attend at hearings where needed
- Aggressively pursue improper insurance coverage denials and investigate wrongful statutory third party claims, and off-coverage positions
- Presenter at in-office and external Continuing Legal Education seminars
Insurance Defence Lawyer
Blouin Dunn LLP
10.2018 - 11.2019
- Independent, day-to-day carriage and lawyer of record on a variety of litigation insurance defence matters involving MVA's, occupiers liability, commercial host liability, property damage, professional negligence claims, priority disputes, loss transfer, amongst other practice areas
- Develop case strategy and providing initial opinion to client including settlement recommendations, damage assessment, and liability assessment
- Drafting pleadings, motion materials, mediation memorandums, and pre-trial briefs
- Supervise and manage workflow of legal assistant and law clerk assigned
- Appear before the Superior Court of Justice, License Appeal Tribunal, arbitration's, and Small Claims Court
- Successfully bring and argue motions of various complexity
- Preparing for and attending examinations for discovery, mediations, and pre-trials
- Conducting legal research and providing legal analysis
Claims Counsel - Specialty Lines
Axxima Insurance
04.2016 - 10.2018
- In-house Claims Counsel defending against errors and omissions, D/O liability, real estate litigation, and commercial litigation matters
- Practice groups include residential and commercial litigation, municipal liability, personal injury, coverage disputes, and professional negligence, D/O liability
- Thoroughly investigate potential fraud relating to business and real estate transactions
- Assist with and prepare independently insurance agreements/contracts for insurance for different lines of business, including small to large multi-national corporations and institutions
- Draft large loss reports, liaising with clients in Ontario and London UK regarding excess claims
- Attend at hearings, private mediations, and pre-trials
- Participating in claims committee audits, and drafting insurance policies and agreements
- Act as a liaison between clients, underwriters and senior managers
- Author articles on real estate risk management for the Real Estate Counsel of Ontario, and act as a panelist on the board of anti-frauds, phishing and identity theft
Professor, Advanced Litigation (Part-Time)
Sheridan College Institute of Advanced Learning
04.2017 - 04.2020
- Manage classroom and prepare materials for 35 students per class
- Core topics covered are Canadian legal system, Contract Law, Tort Law, and Business Law
- Delivered creative interactive lectures, discussions, online activities, case studies and hybrid delivery of teaching methods
- Shifted between informal and formal methods of teaching to create multi-layered web of learning, incorporating experiments, practical activities, discussions and projects into lessons.
- Graded quizzes, tests, homework and projects to provide students with timely academic progress information and feedback.
- Stayed abreast of developments within Civil Litigation to improve curriculum, develop new research and share with colleagues and students
- Built strong rapport with students through class discussions and academic advisement.
Articling Student
Lee & Associates PC
04.2015 - 03.2016
- Appear before various courts of the Ontario Superior Court of Justice on unopposed and contested motions, and trial scheduling court
- Represent clients at discoveries, settlement negotiations, pre-hearings, mediations, and pretrials
- Draft pleadings, motion records, applications for settlement approval, settlement proposals, mediation memorandums, and pretrial briefs
- Review and summarize medical and financial records
- Conduct legal research and provide analysis
- Daily use of Microsoft Outlook, Word, Excel, Lotus Notes, Primafact, and PC Law
Law Clerk
Lee & Associates PC
07.2014 - 04.2015
- Draft pleadings, settlement proposals, mediation memorandums, and Pretrial briefs
- Request, gather and summarize medial and financial productions
- Review liability documentation, conduct MTO searches, property searches, partnership searches, and corporation searches
- Prepare motion materials (unopposed and contested)
- Gather relevant medical and financial records from third parties
- Conduct witness interviews in preparation for Trial
- Conduct legal research using Lexis Nexus, and Canlii
- Daily use of PC Law, Primafact, Microsoft Outlook and Word
Education
Law Society of Ontario - 2016 Call To Bar
Masters Studies - Evidence Law
Osgoode Hall Law School
Toronto, ON01.2014
Bachelor of Laws, LL.B. -
Kings College London
London, UK06.2013
Bachelor with Honours - Criminology And Sociology
York University
Toronto, ON05.2010
Skills
- Leadership and Mentorship, previously Articling Principal, now Practice Lead managing a team
- Leading Claims Presentations
- Trusted and reputable litigator
- Expert knowledge on the Rules of Civil Procedure
- Expert knowledge of Insurance Law
- Expertise in collateral benefits and offsets applicable, including but not limited to short term and long term disability, subrogation, CPP disability, and other extended health care available
- Excellent verbal and written communication skills, including managing conflict situations
- High emotional intelligence
- Strong organizational skills and strong adherence to deadlines using ticklers
- Demonstrated ability to establish and maintain effective working relationships
- Strong PC computer skills, including all Microsoft Office suites, MS Teams, Zoom, WebEx, and other virtual platforms
Reported Decisions
- Castillo. v Security National Security Company (2021) - Successful on all issues
- Primmum Insurance v Baley (2021) - IRB Overpayment in favour of TD for $42,000
- Casemark Financial v TD Home and Auto (2023) - Successful with costs
- Security National Insurance v Polat (2023) - IRB Overpayment in favour of TD for $33,200
- TD General Insurance v Chandran (2024) - IRB Overpayment [decision pending]
References
Available upon request
Timeline
Senior Lawyer and Practice Leader
TD Insurance Staff Legal
11.2019 - Current
Insurance Defence Lawyer
Blouin Dunn LLP
10.2018 - 11.2019
Professor, Advanced Litigation (Part-Time)
Sheridan College Institute of Advanced Learning
04.2017 - 04.2020
Claims Counsel - Specialty Lines
Axxima Insurance
04.2016 - 10.2018
Articling Student
Lee & Associates PC
04.2015 - 03.2016
Law Clerk
Lee & Associates PC
07.2014 - 04.2015
Law Society of Ontario - 2016 Call To Bar
Masters Studies - Evidence Law
Osgoode Hall Law School
Bachelor of Laws, LL.B. -
Kings College London
Bachelor with Honours - Criminology And Sociology
York University
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