Background

Kevin McGivney is a partner in our Toronto office. Kevin was called to the Ontario Bar in 1991. Prior to that he received his LL.B. from the University of Western Ontario, Faculty of Law in 1989 and his Bachelor of Arts (History) from the University of Western, Ontario (King’s College) in 1985.

Areas of Practice

• Civil Litigation, including insurance law, municipal liability, property and casualty law and commercial matters.

Professional Experience

• Lead counsel at trials, interlocutory proceedings, judicial reviews, and appeals before the Superior Court of Justice, the Divisional Court, the Court of Appeal for Ontario and the Supreme Court of Canada.
• Represents municipalities, police services and public utilities commissions with respect to all types of liability claims including claims relating to malicious prosecution, negligent investigation, racial profiling, police pursuits, damage claims under the Charter of Rights, non-repair and design of roadways, water and sewage systems, sexual harassment, occupiers’ liability, liability of building officials and liability of fire departments and licensing commissions.
• Acts for municipalities and their employees at Coroner's Inquests.
• Advises insurers and defends insureds in property and casualty and automobile claims.
• Provides advice in the drafting of insurance policies; advises insurers and insureds concerning coverage issues.
• Experienced in successful mediation of claims in all areas of practice, including serious personal injury, construction, multiparty disputes and police liability

Professional and Community Activities

• Has prepared papers for and made presentations to seminars on issues of municipal liability, police liability, alcohol related liability, occupiers’ liability and automobile insurance.
• Member of the Canadian Bar Association - Ontario Civil Litigation Section and the Advocates' Society.

Papers and Conferences

• Panelist re Emerging Torts, National Judicial Institute, Fall, Superior Court Judges Association Conference, November 2005.
• Police Liability: Defending Civil Actions. Provincial/Municipal Government Liability Conference, Canadian Institute February 2005, with Oneal Banerjee.
• Crown Liability: Recent Developments, Association of Law Officers of the Crown, Panelist, June 2004.
• 'Issues in Civil Liability and Policing', Ontario Senior Officers’ Police Conference, September 2003.
• 'Civil Liability from a Police Perspective', panellist, Fall Conference – Ontario Crown Attorney’s, 2001.
• 'Police Plaintiffs: Civil Lawsuits as a Result of Failed Criminal Investigations or Prosecutions', Annual Conference, Police Association of Ontario, 2001 with Adriana De Marco.
• 'Liability of Municipalities and Police Forces in Cases of Alcohol Consumption or Now that I’ve Hurt Myself, Who Can Afford to Pay for It', CBAO, continuing Legal Education Program, November 10, 2000.
• 'Liability for the Escape of Water and Sewage: A Primer and Some Practical Tips' prepared for Innovative Techniques for Upgrading Sewer and Water Systems, May 29, 1998 with Michael Smith.
• Workshop Instructor, Civil Procedure, Osgoode Hall Law School (1997/98)