Kevin A. McGivney  

Partner

Executive Summary

Kevin McGivney is the Toronto Regional Leader of our Insurance and Tort Liability group and a member of our Partnership Board, the Firm's governing body.

With a practice that focuses on municipal and police liability, property and casualty insurance, administrative law and commercial matters, Kevin brings extensive experience as 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. This also extends to judicial reviews, Coroner's Inquest, the Human Rights Tribunal and arbitrations.

He has also represented police agencies in a number of cases addressing liability for civil claims and defended class actions against municipalities.

Representative Work

  • 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.

Publications & Presentations

  • Speaker, Law of Policing, June 15-16, 2016.
  • Speaker, Canadian Association of Police Governance, August 26-29, 2015.
  • Speaker, Law of Policing Conference, June 2-3, 2015.
  • Panelist, "Scope of Police Liability and Damages for Breach of Charter Rights," Osgoode Hall Law School Professional Development – Conference on Municipal Government Liability and Litigation, June 2014.
  • Speaker, "The Law of Policing, Dealing with Multiple Hearings Arising from the Same Facts," Canadian Institute, Toronto, September 24-25 2013.
  • Speaker, "Liability for Negligent Investigation," The Canadian Institute Provincial/Municipality Government Liability Conference, February 23-24, 2012.
  • Speaker, "The Ins and Outs of Examination for Discovery: Are you Ready?" Society of Public Insurance Administrators of Ontario Conference, Tuesday May 28, 2013.
  • Panelist, "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, "Misfeasance 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.
  • Panelist, "Emerging Torts," National Judicial Institute, Fall, Superior Court Judges Association Conference, November 2005.
  • Panelist, "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.

Rankings & Recognitions

  • Selected by peers for inclusion in 2018 edition (and since 2013) of The Best Lawyers in Canada® (Insurance Law; Personal Injury Litigation).
  • Recognized in the 2016 and 2015 editions of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: Ontario and a "Litigation Star: Insurance".
  • Recognized in the 2016 and 2015 editions of The Canadian Legal Lexpert® Directory (Litigation — Commercial Insurance, Personal Injury). Also recognized in 2012 for Personal Injury.
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5.
  • Selected by BLG Litigation associates as Mentor of the Year (2009).