Kevin A. McGivney  

Kevin McGivney is the Toronto Region Leader of our Insurance and Tort Liability group.  His practice focuses on municipal and police liability, property and casualty insurance, administrative law and commercial matters. He is lead trial and appellate counsel before the Superior Court of Justice, the Divisional Court, the Court of Appeal for Ontario and the Supreme Court of Canada. He has represented police agencies in a number of cases addressing liability for civil claims.  He is experienced in judicial review, Coroner’s Inquests, the Human Rights Tribunal and arbitrations. He has also defended class actions against municipalities.

Kevin also has experience with successful mediation of claims in all areas of practice, including serious personal injury, construction, multi-party disputes and police liability.

• Representing municipalities and related agencies, boards, and commissions with respect to all types of liability claims including claims concerning design and maintenance of roadways, design and operation of water and sewage systems, sexual harassment, occupiers’ liability, building permit examination and inspection, fire and ambulance services, municipal councils, and abuse of public office.
• Defending police services and police officers in respect of claims alleging malicious prosecution, negligent investigation, racial profiling, vehicle pursuits, excessive use of force and damages under the Charter of Rights, including class actions.
• Acting for municipalities and police services in respect of Human Rights Code applications.
• Acting for municipalities, police services and their employees at Coroner's Inquests.
• Advising insurers and defending insureds in property and casualty and automobile claims.
• Providing advice in the drafting of insurance policies; advising insurers and insureds concerning coverage issues.

• Speaker, “Liability for Negligent Investigation,” The Canadian Institute Provincial/Municipality Government Liability Conference, February 23-24, 2012 (with Natalie Kolos).
• Panellist, “The Scope of Police Liability: Still Expanding?” Osgoode Hall Law School Professional Development – Conference on Municipal Government Liability and Litigation, May 2011.
• Speaker, “Claims against Police Officers,” Federated Press – Provincial and Municipal Liability Course, May 2011.
• Author, "Misfesance in Public Office: Recent Developments in Abuse of Public Office and Bad Faith Decision Making," Journal of Parliamentary and Political Law, March 2011.
• Workshop Presenter, “Preparation for Court,” Society of Public Insurance Administrators, February 2011.
• Speaker, “Recent Developments in Abuse of Public Office,” Osgoode Hall Law School Professional Development – Sixth Annual Conference on Crown Liability, November 2009 (with Scott Jones).
• Speaker, “Racially Biased Policing, Trends and Progressive Solutions,” Toronto Police College, September 2009.
• Speaker, “Police Services and Civil Liability,” Region of Halton, Conference on Risk Management and Police Services, February 2009.
• Panellist, “Emerging Torts,” National Judicial Institute, Fall, Superior Court Judges Association Conference, November 2005.
• Panellist, “Crown Liability: Recent Developments,” Association of Law Officers of the Crown, June 2004.
• Speaker, “Issues in Civil Liability and Policing,” Ontario Senior Officers’ Police Conference, September 2003.

• Selected by peers for inclusion in 2013 edition of The Best Lawyers in Canada® (Insurance Law).
• Recognized in the 2012 edition of The Canadian Legal Lexpert® Directory (Personal Injury).
• Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5.
• Selected by BLG Litigation associates as Mentor of the Year (2009).