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Civil Law · Ontario, Canada

Patrick James Monaghan

Lawyer · Smockum Zarnett LLP · Toronto

1700-65 Queen St W, Toronto, Ontario M5H 2M5
12 lawyers at this firm

About

For over 30 years, Patrick has practiced law as a trial and appellate advocate with a concentration on casualty, commercial, property and insurance litigation. He has successfully acted as lead counsel in numerous jury and judge-alone trials, tribunal hearings and appeals.

Patrick has represented clients in the transportation industry since being called to the Bar, and representative matters range from multi-party tractor-trailer calamities, through to products liability claims, subrogation and priority disputes and hearings at the WSIAT. Patrick has maintained a thorough understanding and an ability to effectively deal with challenging insurance-related issues, and he has appeared numerous times at trial and on appeal on matters involving coverage and contribution between insurers. He participated in the leading Canadian decision on equitable contribution, The Supreme Court of Canada decision in Family v. Lombard. Commercial disputes remain a focus with Patrick, and he has successfully litigated commercial disputes involving matters such as breach of fiduciary duty, fraud, franchise litigation, professional negligence and a wide range of contract disputes involving personal property and real estate both in the court system and by way of arbitration. In the casualty area, Patrick has carried numerous disputes to trial and appeal including heavy vehicle collisions, car and motorcycle accidents, as well as sports injury and medical malpractice cases.

With experience in shareholder disputes, class actions, employment law and a great deal of ADR experience, Patrick observes that the principles of good advocacy are common to all disputes – there is no substitute for a careful understanding of the facts and a thorough knowledge of the operative principles of law.

Patrick brings to the table the experience, judgment and creativity necessary to achieve clients’ objectives from the initial investigation stage of any dispute through to discovery and resolution, always with the ability to proceed to a trial or hearing if warranted. Around the firm, Patrick promotes teamwork, strategic thinking and the mentorship of younger lawyers.