Local litigation stars. Michelle C. Awad, QC McInnes Cooper Commercial Litigation, Insurance, Securities

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1 THE ATLANTICS Local litigation firms Highly recommended Cox & Palmer Local litigation stars Michelle C. Awad, QC Commercial Litigation, Insurance, Securities Dan Boone Class Actions, Commercial Litigation, Insurance, Professional Liability Geoffrey Machum, QC Commercial Litigation, Insurance, Personal Injury Stephen May Cox & Palmer Civil Litigation, Insurance David Miller, QC Commercial Litigation, Insurance, Personal Injury Recommended Ches Crosbie Barristers Curtis, Dawe Garson MacDonald Goodland O Flaherty Ottenheimer Baker Patterson Law Peter Browne, QC Curtis, Dawe Civil Litigation, Medical Malpractice, Personal Injury Philip Buckingham Goodland O Flaherty Commercial Litigation, Insurance, Product Liability Hugh Cameron Commercial Litigation, Insurance James Chipman, QC Commercial Litigation, Insurance, Personal Injury, Product Liability Tracey Clements, QC Civil Litigation, Employment Law, Insurance George Cooper Cox & Palmer Commercial Litigation, Insolvency, Insurance, Securities Chesley Crosbie, QC Ches Crosbie Barristers Medical Malpractice, Personal Injury Gerry Fleming Commercial Litigation, Insurance Jim Gormley, QC Civil Litigation, Energy Litigation, Insurance, Professional Liability Robert Grant, QC Commercial Litigation Maria Henheffer, QC Barry Spalding Civil Litigation, Commercial Litigation, Employment Law, Personal Injury Ian Kelly, QC Curtis, Dawe Civil Litigation, Commercial Litigation, Insurance Charles LeBlond, QC Class Actions, Commercial Litigation, Insurance, Personal Injury, Product Liability Greg Moores Commercial Litigation, Energy Litigation, Environmental Law, Insurance Glen Noel Cox & Palmer Commercial Litigation, Insurance, Personal Injury Scott Norton, QC Class Actions, Commercial Litigation, Insurance, Personal Injury, Product Liability Thomas O Neil, QC Civil Litigation, Commercial Litigation, Insurance Robert Pineo Patterson Law Commercial Litigation, Employment Law Chris Robinson, QC Civil Litigation, Commercial Litigation, Insurance, Product Liability, Professional Malpractice Rory Rogers, QC Commercial Litigation, Insurance, Securities William Mick Ryan, QC Commercial Litigation, Insurance, Professional Liability Colm St. Roch Seviour Aboriginal Law, Commercial Litigation, Energy Litigation, Environmental Law, Product Liability Daniel Simmons Ottenheimer Baker Civil Litigation, Commercial Litigation Doug Skinner Insurance, Maritime Law Harold Smith, QC Civil Litigation, Commercial Litigation, Employment Law 48

2 Cecily Strickland Commercial Litigation, Energy Litigation, Environmental Law, Insurance James Thistle, QC Aboriginal Law, Civil Litigation, Energy Litigation, Public Law Future stars Peter Driscoll THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 49

3 The Atlantics The Atlantics composed of Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island is considered Canada s last frontier. Not a single firm from Québec and westward has an office in these areas. Even national firms, including those that have proven the most expansion-prone, have yet to set up shop in any of the Atlantic provinces. Local litigators note that Toronto firms do occasionally commute to the Atlantics but speculate that the cost-benefit analysis has largely determined it s not worth setting up an office in the region. The lack of outside influence and competition has thus fostered an environment where regional and local firms can flourish and attend to matters that are unique to the region s culture and economy. The population of the Atlantic region is small, as is the number of law firms conducting litigation in this area, but the region is home to a plentiful supply of home-grown industries indigenous to the provinces that comprise it. For example, Labrador is a noted source of oil, minerals, and other resources, while Newfoundland is an epicenter for shipbuilding and trading. The nature of this type of commercial activity drives a reliable level of insurance and health litigation. While somewhat of a finite market, locals speculate that more industry will be making its way to the Atlantics on the strength of the region s attractive incorporation laws as well as surging demand for commodities. With such a small market of competitors, the culture among litigators in the Atlantics is especially collegial. Everybody knows everybody up here, and so if you actually go to war with someone, it has to be really bad blood, scorched earth, affirms a local litigator, who goes on to insist, We have much more camaraderie here in Toronto, people can get aggressive because they may never see that lawyer again. But here, you really have to have meaningful knowledge of law in the Atlantics. There is a close relationship between the bench and the bar here one of the reasons our litigation remains regional is that lawyers really know the judges here and know what goes over with them. Pounding the fist on the table does not go over well, taking reasonable positions and making reasonable arguments does. Judges in the Atlantics are appointed by the government on recommendation from a judicial review committee, insuring high quality in the courts. Discovery rules, including those applying to expert witnesses, are broader in the Atlantics; for instance, in Newfoundland, it is not necessary to outline the amount a party is seeking at trial. Litigation in the Atlantics is said to be steady, and if there has been in any increase it s been with regard to inquiries. The government here loves inquiries, states a local practitioner. Highly recommended firms Cox & Palmer In business for over a century, Cox & Palmer reigns as one of the Atlantic region s oldest firms and, with roughly 180 lawyers operating in 10 offices, is also one of its largest. While a full-service firm, Cox & Palmer is noted by peers for its litigation capacity. They are one of the biggest, and one of the best. They have all of the Atlantic provinces covered. Supporting this assertion, the firm maintains offices in Fredericton, Moncton, and St. John in New Brunswick; Halifax in Nova Scotia; St. John s in Newfoundland and Labrador; and Alberton, Charlottetown, Montague, Morell, and Summerside on Prince Edward Island. In the Moncton office, New Brunswick managing partner George Cooper maintains a commercial litigation practice relating to commercial financing, securities, insolvency, product liability, energy litigation, and insurance. A peer attests, I ve seen him at work, and he s great. In the St. John s office, Stephen May and Glen Noel are both noted by Newfoundland peers as standouts, with great clients. One peer also observes, They do some offshore work for oil and gas clients as well as motor vehicle insurance and commercial insurance work. They ve both got wee good practices, don t they? A lot going on, but I would still have no trouble transferring work to either of them if I couldn t do it. Founded in 1859 and representing clients on major matters since the turn of the century, is the oldest and most historic firm in the Atlantics region. It also ranks as one of the largest, housing 200 lawyers throughout eight offices including Halifax, Nova Scotia; Fredericton, Moncton, St. Stephen, and St. John in New Brunswick; St. John s in Newfoundland and Labrador; and Charlottetown and Summerside on Prince Edward Island. A full-service firm, addresses clients within the various economies specific to the Atlantics, including some of the more novel ones. Its presence as a litigation mainstay is noted by practitioners from all across Canada. If you re asking around in the Atlantics, you ll probably hear mentioned a bit, stresses an Ontario-based peer. Within the firm, Michelle Awad, based in the Halifax office, is noted by peers as being highly respected, very well thought of for her practice, which covers all areas of dispute resolution including commercial litigation, securities litigation, shareholder disputes, class actions, construction law, professional liability, defamation and insurance law. Michelle is someone who also does a lot of cross-border work, offers a peer. In the St. John office, Thomas O Neil focuses on civil litigation in matters of commercial and construction disputes and products liability. Senior counsel James Thistle operates from the St. John s office and is cheered for his seasoned expertise in public law, aboriginal matters, and resources law. A peer notes, Jim has worked with the government in the public sector, and has also previously worked as in-house counsel for Mobil. Also in the St. John s office, Doug Skinner receives praise for his extensive experience in insurance and maritime law, including the defense of liability, marine and auto insurance claims, insurance coverage disputes and ship arrests. With six offices, may not have the physical footprint in the Atlantics boasted by its major competitors in terms of office coverage and, having been established a relatively recent 20 years ago, it is also a relative newcomer. But over the course of its existence, it has since become the largest and by far the best known firm in the region. Peers from all over Canada acknowledge the firm as the dominant force in the Atlantics as well as also one of the biggest firms anywhere in eastern Canada. The firm lends credence to that claim by housing 220 lawyers through its offices in Fredericton, Moncton, and St. John in New Brunswick; Halifax in Nova Scotia; St. John s in Newfoundland and Labrador; and Charlottetown, Prince Edward Island. Of the firm s lawyers, it is estimated that 150 are dedicated to litigation. s reign as the region s premier litigation shop is supported by clients, one of whom insists, If we have a significant claim with complex coverage, liability issues and/or a significant exposure, we will use. Based on my experience and my company s best interest they are the best choice. With 50

4 respect to clients, it is noted that Stewart McKelvey has generated a nice wee stable of regional clients that are independent of the [United] States or other parts of Canada. Peer praise is especially robust for Halifaxbased Geoffrey Machum, who acts for many of the firm s commercial matters, with insurance comprising a healthy portion of his daily files. Machum triumphed on behalf of an entire industry sector in a major case in which he defended an attack on the insurance industry in Nova Scotia with respect to the issue as to whether legislation under the province s Insurance Act, passed in 2003, was constitutional. He also attends to a noteworthy level of product liability cases. Machum not only draws accolades from peers within as well as outside of the Atlantics region, he also is revered by clients. One such client attests, I have worked with Geoff for the last 15 years on many files that had significant exposure and complexity. His demeanor, professionalism, knowledge, and skillful art of negotiating was the contributing factor to our success in bringing these claims to a resolution for a reasonable amount. It is my personal opinion that there are very few in this region that can compare. Also in Halifax, Scott Norton is noted for being a top choice, who is sought out actively for his insurance and product liability acumen. A client raves, I find Scott to be detailed in his reports, concise with his recommendations, accurate in his advice, and tenacious throughout the litigation process. In short, a top-flight trial lawyer who I trust to get the job done. In St. John s, Dan Boone is noted for his defense litigation for hospitals, classaction defense and insurance defense, as well as some general corporate commercial litigation. Boone settled one of the bigger class actions in Canada certainly the biggest in the Atlantics brought by 2,500 breast care patients who alleged negligence in testing. The case was settled for $17 million, a fraction of the initial claims. This case was also the subject of a judicial inquiry. Recommended firms Ches Crosbie Barristers Plaintiff boutique Ches Crosbie Barristers has carved a considerable niche for itself in the region through its aggressive pursuit of litigation results on behalf of business and individual clients. Based in St. John s in Newfoundland and Labrador, the firm attends to matters involving class actions, insurance, medical malpractice and personal injury. The firm s namesake, Chesley Crosbie, is considered the most well regarded plaintiff class-action lawyer in Newfoundland. Among peers in that region, praise is resounding and unanimous. One [ s] Geoffrey Machum s demeanor, professionalism, knowledge, and skillful art of negotiating was the contributing factor to our success in bringing our litigation claims to a resolution for a reasonable amount. competitor offers, Ches is quirky and peculiar but the best in the city. He works very diligently and is very competent. He recently handled a breast injury class action, which was worth $15 million. Still another assesses, Ches Crosbie is very much into marketing and tapping the right resources for class actions. He s very effective, and he s also very creative and knowledgeable. He will push the matter forward. Curtis, Dawe The litigation boutique Curtis, Dawe is highly regarded in civil and commercial matters for both institutional and individual clients. The firm operates out of one office in St. John s in Newfoundland and Labrador, where it is 18 lawyers strong. Of these, the bulk of peer praise goes to Peter Browne, who primarily handles medical malpractice defense matters as well as some commercial litigation. Peers call him a fabulous litigator, who was just named Personal Injury Lawyer of the Year in Newfoundland. He is well regarded at the bar. Senior litigator Ian Kelly is also championed by peers, who offer Ian has a lot of gravitas, when he walks into court he exudes this. He is also a noted member of the American College of Trial Lawyers. Kelly maintains a civil litigation practice, which includes major commercial, construction, insurance and administrative law matters on behalf of individuals, corporations, municipal and provincial governments and other bodies. Ian has been tied up in some big tobacco litigation and has done a great job with it, confirms a peer. Goodland O Flaherty Founded in 2001, litigation boutique Goodland O Flaherty is one of the newer entities to the region. It is also one of the smallest; the firm maintains one office in St. John s in Newfoundland and Labrador, where it houses only six lawyers, with a mere three acting in the partner capacity. However, peers insist that every one of them s a gem. Of particular note is Philip Buckingham, who is identified by several members of the community as someone who s very involved in insurance matters. He represents Lloyd s of London quite a bit. Buckingham also advises an extra-provincial entity, Hydro- Québec, which has been an unpopular entity in the region since it struck a deal in the 1960s with the government of Newfoundland that permitted the client to take energy out of Newfoundland at a relative pittance and charge it back to New York and other nearby US States as well as Canadian locales at market value. A peer supports Buckingham s pluck and litigation acumen by offering, Phil doesn t shirk at difficult cases. David Goodland is noted for his involvement in a thorny class action against the government of Newfoundland, with claims in excess of $17 million. The matter concerns constitutional tax claims, namely that the government of Newfoundland improperly taxed a vendor of liquor for over 40 years. This matter is considered the largest class action against the government in the province. Goodland also attends to personal injury issues. Peter O Flaherty possesses a fairly large marine law background, much of which deals with ships sinking off the coast of Newfoundland. Unfortunately, there is a significant amount of that going on here, confirms a peer. THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 51

5 is Atlantic Canada s first and largest regional law firm with a global perspective. With a distinguished heritage reaching back to Canada s confederation and with more than 220 lawyers and 350 staff in our six locations we have a single objective: delivering the best results for our clients in litigation, transactional and/or regulatory matters. We are innovative in our approach, client-driven and committed to earning clients trust. We invest in our people, our business and our technology to ensure we deliver of quality service our clients have come to expect. Our clients work in a broad range of industries including: accounting, aquaculture and agriculture, banking, construction, consumer products, development, education, emerging business, entertainment, environment, energy, financial services, government, health care, infrastructure, information technology, insurance, labour and employment, lending, manufacturing, marine, media and communications, oil and gas, pharmaceuticals, public agencies, real estate, retail, telecommunications, transportation and venture capital. The legal services we provide reflect a deep understanding of the issues that pertain to the day-to-day reality of their business. Our clients can rely on advice and counsel tailored to them and their industry. Our industry knowledge allows us to provide practical, savvy and effective guidance for each of the unique challenges and opportunities clients encounter. It matters how our clients perceive us. For this reason we welcome feedback, take pride in our client testimonials and are honoured by the peer recognition we receive for our work. Many lawyers of the firm are recognized by Lexpert, Best Lawyers and Martindale-Hubbell as leaders in their areas of practice. The confidence clients and peers have in the services we deliver is reflected in our investment to long standing business relationships and the work we do. As a firm we have strengths, proficiency and dedicated teams in key practice areas including: business transactions; construction; commercial litigation and insolvency; commercial real property and lending; labour and employment; intellectual property, information technology and entertainment; life and disability insurance; natural resources and environmental; marine; owner managed business; and tax, estates and trusts. By collaborating across practice areas and combining the talents of seasoned legal professionals from a variety of disciplines with the fresh perspective of junior lawyers, allows us to offer specific, strategic and tailored solutions to each situation. maintains a commitment to providing quality legal advice through our Service First mentality, a detailed, client-facing service standard promise that is evident in everything we do. Managing effective channels of communication keep our clients informed of all significant developments in their legal matter and keep our timelines and progress on track. We welcome the opportunity to work with new, current and past clients in all areas of business within our region and beyond. Offices Charlottetown, PE 65 Grafton Street Charlottetown, PE C1A 1K8 Phone: Fax: Fredericton, NB Suite 600, Frederick Square 77 Westmorland Street Fredericton, NB E3B 6Z3 Phone: Fax: Halifax, NS Suite 900 Purdy s Wharf Tower 1 Halifax, NS B3J 3N2 Phone: Fax: Moncton, NB Suite 601, Blue Cross Centre 644 Main Street Moncton, NB E1C 1E2 Phone: Fax: Saint John, NB Suite 1000, Brunswick House 44 Chipman Hill Saint John, NB E2L 2A9 Phone: Fax: St. John s, NL Suite 1100, Cabot Place 100 New Gower Street St. John s, NL A1C 6K3 Phone: Fax:

6 DANIEL BOONE Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: HUGH CAMERON Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 E3B 5B4 Fredericton Phone: Fax: Dan Boone was called to the Bar of Newfoundland and Labrador in 1989, has been a partner at since 1994 and our St. John s regional managing partner since Mr. Boone s practice is primarily in the field of litigation, with particular expertise in the areas of medical malpractice, personal injury litigation, class action defense and health law. He has been recognized as a leading practitioner in each of these areas in Lexpert and Best Lawyers and is frequently consulted on issues of health law including professional discipline, consent to treatment, privacy, access to information, computer security, mental health certification, procurement and tendering, risk management and quality assurance. Mr. Boone is a member of the Law Society of Newfoundland and has been chair of its Medical Legal Liaison Committee since He is also an instructor at the bar admission course. He is a member of the Canadian Bar Association and the Health Law and Insurance Law subsections and Pro Bono Committee. He is a member of the Canadian Defense Lawyers and the Defense Research Institute. He has been a frequent presenter on issues of insurance law, health law and class actions in Newfoundland and Labrador and elsewhere in Canada. He is honourary counsel to the Newfoundland Massage Therapists Association. Mr. Boone has represented his health care clients in hundreds of malpractice lawsuits and advised them on a myriad of other legal issues including privacy, end of life, consent to treatment, access to information, procurement and employment. For his insurance clients, Mr. Boone attempts to resolve lawsuits as expeditiously as possible, bringing to bear 20 years of practice and extensive trial and ADR experience. Mr. Boone is one of the most experienced class action litigators in Atlantic Canada, and at the trial and appellate levels has represented: Hugh Cameron is a partner with and practices out of Fredericton, New Brunswick, Canada. Mr. Cameron offers his clients over 20 years of experience and proven solutions to their legal challenges. Focusing on corporate law including insurance, insolvency, construction and real estate, he provides practical and trusted advice to his valued clients. Examples of his representative work include: Acting as counsel on a construction claim regarding inter-jurisdictional and contractual interpretation of a claim which involved negotiation, arbitration, judicial review and appeal Acting as counsel in New Brunswick and Ontario Court appearances for a secured creditor in the insolvency of a nationwide sales agency Acting as counsel for a secured and mezzanine lender in a multi-party inter-jurisdictional insolvency Mr. Cameron supports the legal community through participating on several prominent committees including the Canadian Bar Association, Stewart McKelvey Compensation, Management and Recruiting committees and is a member of the Defense Research Institute and Canadian Defence Lawyers. Health care institutions (Doucette v. Eastern Health; Rideout v. Health Labrador) Manufacturers (Ring v. Canada; Esau v. Menu Foods; Piercey v. Atlantic Lotto) Universities (Acreman & Lee v. MUN) Pharmaceutical companies (Strang v. Merck Frosst; Smith v. Merck Frosst) Mr. Boone attended Memorial University of Newfoundland (BA, 1985) and the University of Ottawa (LLB, 1988). THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 53

7 JAMES CHIPMAN, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: James Chipman, QC is a partner in s Halifax, Nova Scotia office with a practice focusing primarily on insurance, litigation, medical negligence, personal injury, and product and professional liability. For over 20 years, Mr. Chipman has worked with clients on a host of legal issues and has appeared as lead counsel before all levels of courts and in arbitration, mediation and before disciplinary bodies. His clients include international insurance companies, mutual insurance companies, hospitals and physicians as well as a variety of corporations. Some recent significant court decisions have included: The first case to consider the Prince Edward Island personal injury cap, which resulted in the two plaintiffs receiving the $2,500 limit A chronic pain/total disability case brought by a nurse who was seeking in excess of $1,000,000 who received $25,000 at trial (upheld on appeal) The dismissal of a claim brought by a teenager who passed out on a rural highway and was clipped by a motorist who mistook him for a garbage bag On an alleged traumatic brain injury case where the plaintiff was seeking approximately $1,500,000 and an overall award by the judge resulted in less than 10% of the claim TRACEY CLEMENTS, QC 65 Grafton Street P.O. Box 2140 C1A 8B9 Charlottetown Phone: Fax: Tracey Clements, QC, is a litigation partner at s firm office in Charlottetown, Prince Edward Island. Ms. Clements regularly represents clients primarily in litigation matters including insurers and educational institutions, but also in labour and employment, insurance and human rights. Admitted to the bar in 1995, Ms. Clements is a 1994 law graduate of the University of New Brunswick. Ms. Clements is an active member of her community and of internal committees for the regional firm. She is a member of the Canadian Bar Association, the Law Society of Prince Edward Island and the Canadian Defense Lawyers. She is a current member on the board of Sport PEI, a non-profit sport federation. Mr. Chipman is a graduate of Dalhousie University s Schulich School of Law and also received his BEd from Acadia University. A respected litigator, regionally and nationally, Mr. Chipman has notably been recognized by both Lexpert and Best Lawyers for Personal Injury Litigation for many consecutive years. He has attained a BV rating from Martindale- Hubbell, a widely respected mark of achievement. Mr. Chipman is an active volunteer. At the firm, he is a member of the Partnership Board, chair of an Insurance Client Service Group and a member of the Halifax office Students Committee. In the legal community, Mr. Chipman is director and finance chair, Nova Scotia Legal Aid Commission; a mentor in the Nova Scotia Barristers Society mentorship program; as well as former council member of the Nova Scotia Barristers Society; member of the Complaints Investigation, Courts Education, Electoral Reform, Administration of Justice and Annual Meeting committees of the Nova Scotia Barristers Society; former president of the Canadian Bar Association National Health Law section; former president of Canadian Defence Lawyers; and former chair of Nova Scotia Law Day. In his community, Mr. Chipman is currently president of the Halifax West Conservative Association, and former chair of the Autism Nova Scotia and Regional Residential Services Society Boards. 54

8 GERRY FLEMING Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: Gerry Fleming s practice, based in St. John s, Newfoundland and Labrador, focuses on litigation, insurance and construction law. He represents clients in a variety of industries including commercial insurance, retail, health care and construction. With many years of experience involving complex litigation matters, Mr. Fleming has appeared before the Supreme Court of Canada and all levels of Newfoundland and Labrador s courts. Some recent significant matters have included: Acting for a national retailer in various litigation matters, including occupiers liability claims Acting for automobile and commercial insurers in litigation and coverage related matters Acting for a large construction joint venture on a claim for profit arising from a tender dispute Acting for an international fuel products retailer in various litigation matters, including claims related to environmental damage Acting for a large health care insurer on various litigation issues Mr. Fleming received his LLB from Dalhousie University s Schulich School of Law and his BSc from Dalhousie University as well. A member of the firm s Marketing Committee, Mr. Fleming is a frequent presenter at a variety of insurance-related conferences and was also chair of the firm s Newfoundland and Labrador Insurance Seminar. He is author of Expert Witness The Good, the Bad and the Ugly, 2003, 30 C.L.R. (3d) 158. JAMES GORMLEY, QC 65 Grafton Street P.O. Box 2140 C1A 8B9 Charlottetown Phone: Fax: James W. Gormley, QC, joined in 1989 and became partner at the firm in He practices in the area of civil litigation with a concentration on medical malpractice defence, and occupational health and safety law. His advocacy experience includes representing the interests of professional associations in the defence of medical malpractice claims as well as before administrative tribunals in professional disciplinary matters in health care, professional liability and employment matters. Mr. Gormley has also practiced in the area of criminal law, in particular as a prosecutor for the Federal Department of Justice, and has defended both corporations and individuals in all levels of court in Prince Edward Island. A graduate of the University of Prince Edward Island and Dalhousie University, where he was a Smith Shield participant, Mr. Gormley maintains an active role in his community. He is the vice chair of the board of governors of Junior Achievement for PEI; vice president of the board of directors of the Canadian Bar Insurance Association; chair, health law section, Canadian Bar Association, Prince Edward Island Branch; serves as a member of the Law Society of Prince Edward Island; past president of the Canadian Bar Association, Prince Edward Island Branch, and University of Prince Edward Island Alumni Association; past member of the University of Prince Edward Island board of governors; and past chair, Laurier Club of Prince Edward Island, Liberal Party of Canada. In 2002, Mr. Gormley received the Golden Jubilee Medal from the Governor General for community involvement. Mr. Gormley was recognized for his professional integrity and outstanding contributions to the law profession in 2007 by being awarded the prestigious Queen s Counsel designation. He presents frequently at seminars and lectures in the area of occupational health and safety law, health law and criminal law. THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 55

9 ROBERT GRANT, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: An experienced advocate, Mr. Grant focuses on corporate commercial litigation and administrative law, with a special interest in energy and regulated industries, particularly oil and gas. A fellow in the American College of Trial Lawyers, from 30 years of practice he knows how to navigate practically clients challenges into opportunities. Mr. Grant helps clients understand the legal matters that concern them and maps out the most effective and efficient plan or approach. He has acted as counsel in a wide variety of litigation before the Nova Scotia Supreme Court, Court of Appeal, private arbitration tribunals and the Nova Scotia Utility and Review Board (UARB). His practice has included: Litigation of major corporate-commercial and construction disputes. Administrative tribunal work and appearances before the UARB on land use and development, expropriations, municipal amalgamations and annexations, and water, gas and electrical utility rate hearings. Applications for judicial review or statutory appeals from tribunal decisions. Advice and representation in connection with regulatory approvals of projects including the Sable Offshore Energy and EnCana s Deep Panuke. Project manager for Nova Scotia Environment in drafting omnibus environmental legislation reflected in the Environmental Act S.N.S , c.1. Advice and representation on environmental assessments including mining, offshore drilling, environmental clean-up and energy projects Publication advice and representation in defamation and other media litigation. Representation concerning regulation of automobile insurance rates including appearances before the Nova Scotia and New Brunswick regulators and appeals. CHARLES LEBLOND, QC Suite 601, Blue Cross Centre 644 Main Street P.O. Box E1C 9N4 Moncton Phone: Fax: partner Charles LeBlond brings over 28 years of experience to his clients legal matters. He is an accomplished litigator who represents several leading Insurance companies. Mr. LeBlond also focuses on professional regulatory bodies, retailers and construction companies. His work has included: Insurance defense work for many insurers including Allstate, Pembridge, CUMIS, Cooperators, Intact, Dominion and Personal Professional liability defense work for Law Society of New Brunswick, ENCON and AXA Construction claims for major contractors Occupier s liability defense work for major retailers Acting for the New Brunswick Securities Commission defending claims brought on by groups of investors Mr. LeBlond supports the legal community through participating as a member of several organizations including the Canadian Bar Association, Association des juristes d expression française du Nouveau-Brunswick, Moncton Area Lawyers Association and American College of Trial Lawyers. He is also on the Board of Directors for Special Olympics New Brunswick. Mr. LeBlond has been recognized as a leading lawyer in Canada and repeatedly listed in Best Lawyers for Construction Law, Corporate and Commercial Litigation, Health Care Law, Insurance Law and Personal Injury Litigation. Mr. Grant received his LLB from Dalhousie University s Schulich School of Law, his BA in Jurisprudence from Oxford University (as a Rhodes Scholar) and his AB (magna cum laude) from Harvard College. A member of the firm s Partnership Board, Mr. Grant is an active community volunteer whose positions have included acting as director of the Urban Development Institute; chairman, Halifax Grammar School; director and life member, Halifax City Soccer Club; trustee, IWK Health Centre Foundation; honourary trustee, IWK Health Centre Foundation; secretary, Rhodes Scholarship Selection Committee, Canadian Rhodes Scholars Foundation, Maritimes Region; and trustee, Canadian Rhodes Scholars Foundation. Recognized by his peers for excellence in his practice, Mr. Grant is listed in a number of Lexpert publications for Directors and Officers Liability; Energy (Electricity Regulatory); Energy and Natural Resources; Environmental; Litigation (Commercial Insurance); Litigation (Corporate Commercial). He was also named Best Lawyers 2012 Halifax Energy Regulatory Law Lawyer of the Year. 56

10 GEOFFREY MACHUM, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: Geoff Machum, QC, is a partner at s Halifax office where he serves as a member of the firm s regional Partnership Board. His practice focuses on areas of litigation, construction, personal injury and insurance, including representation of major Canadian insurers in resisting the constitutional challenge to the auto insurance cap legislation in Nova Scotia. Mr. Machum was also part of the team representing the former CEO of a publicly listed mining company over a $100-plus million dispute. A 1984 law graduate of the University of New Brunswick and admitted to the Nova Scotia Bar in 1985, Mr. Machum was recognized for his professional integrity and outstanding contributions to the law profession in 2003 by being awarded the prestigious Queen s Counsel designation. An active member of the community, Mr. Machum serves as chair of Symphony Nova Scotia governance committee, vice-chair on the Halifax Port Authority board of directors and a member of the Halifax Grammar School board of directors. Mr. Machum has shared his experience and knowledge by teaching insurance law to students at Dalhousie University s Schulich School of Law. He recognized by his peers in Martindale-Hubbell (AV) and by Lexpert and Best Lawyers for insurance law and personal injury litigation (2006, ). DAVID MILLER, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: David Miller has over 38 years of experience as a leading litigator in Canada. As a partner and recipient of the Queen s Counsel designation, Mr. Miller is a valued asset and highly respected lawyer at Stewart McKelvey. He focuses on matters relating to the fields of construction, personal injury, insurance and media law and provides trusted and proven advice to his clients. Mr. Miller has conducted a large and broad-ranging litigation practice with an emphasis on commercial litigation, insurance litigation, and tort and personal injury litigation. He has acted as counsel in some of the largest, most complex and lengthy litigation matters in the province. His advocacy experience includes representation of clients before: All levels of courts in Nova Scotia including Provincial, Family and Small Claims Courts, County Court and Supreme Court in all 18 counties of Nova Scotia, the Court of Appeal, the Federal Court of Canada and the Supreme Court of Canada Private arbitrations, including the successful conduct of an arbitration on behalf of a Nova Scotia corporation before the China International Economic and Trade Arbitration Commission, Peoples Republic of China, Beijing Administrative tribunals including Assessment Appeal Courts in all Assessment Regions of Nova Scotia, the Municipal Board, the Public Utilities Board, the Planning Appeal Board, the Labour Standards Tribunal, the Utilities and Review Board and the Tax Court of Canada; and Professional disciplinary bodies Mr. Miller also has extensive experience in alternative dispute resolution, particularly mediation. He has been recognized consistently as a leader in the legal community. He has been listed in Who s Who in Litigation, Lexpert Leading 500 Lawyers in Canada; Lee Samis Award of Excellence; Canadian Defence Lawyers; Lexpert Guide to the Leading 100 Canada/US Cross-Border Litigators in Canada; Lexpert American Lawyer Media s Guide to the Leading 500 Lawyers in Canada; and Best Lawyers in Canada Directory (Bet-the-Company Litigation, Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation, Product Liability Law). Mr. Miller is also a member of a number of legal organizations including the Nova Scotia Barristers Society, Lunenburg County Barristers Association, Canadian Bar Association, Canadian Defence Lawyers, and a Fellow of the American College of Trial Lawyers. THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 57

11 GREG MOORES Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: SCOTT NORTON, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: Greg Moores is a partner with, practicing in the broad field of dispute resolution. His particular areas of expertise lie in the areas of commercial litigation, energy and environmental regulation. Mr. Moores is leader of the firm s Natural Resources & Environmental practice group and, in this capacity, is responsible for many aspects of the firm s service delivery to its clients. Working with clients such as oil and gas companies, engineering firms, construction companies and post-secondary institutions, Mr. Moores has helped his clients by: Appearing in the International Court of Arbitration (Singapore) regarding a breach of contract for a vocational education provider Participating in environmental litigation concerning soil remediation projects Acting in a multimillion-dollar private arbitration regarding mineral royalty issues Acting in litigation concerning the construction industry, including claims against professionals and builders for issues such as facilities design and remediation efforts of contaminated sites Mr. Moores has appeared in all levels of court in both Newfoundland and Labrador and Alberta, as well as a variety of regulatory and administrative tribunals, including the National Energy Board, Alberta Energy and Utilities Board, Pipeline Arbitration Commission and the Public Safety Appeal Board. Mr. Moores contributes to legal education and the legal community through both the Law Society of Newfoundland and Labrador and the Canadian Bar Association. He is a member of the Law Society s Professional Discipline Committee and an instructor of civil procedure in the Bar Admission course. He has also served as section chair of Canadian Bar Association s Energy, Environment and Resources Law (NL) section. Scott Norton, QC, is a partner in the Halifax office of and manager of the regional Advocacy Department ( ). His practice includes representing an international tire manufacturer in all product liability cases in Canada; a number of national commercial, casualty and life and disability insurers and the insurer of the Nova Scotia school boards and community college. Mr. Norton is a 1983 graduate of Dalhousie Law School and the recipient of the Weldon Award. As trial and appellate counsel, he has appeared in all levels of court in Nova Scotia; in the Superior Court elsewhere in Canada and before the Supreme Court of Canada. He has extensive experience with alternate dispute resolution by arbitration and mediation. Appointed Queen s Counsel in 2002, Mr. Norton is recognized by his peers in Martindale-Hubbell (BV); Best Lawyers in Canada (Insurance, Personal Injury-Defence, Legal Malpractice) and Lexpert (Commercial Insurance, Personal Injury). He was named 2012 Personal Injury Lawyer of the Year for Halifax by Best Lawyers. Mr. Norton has served on the executive committee and has been chair of the administration of justice committee as an elected office counsel member at the Nova Scotia Barristers Society; chaired the national membership committee and national civil litigation section as counsel member of the Canadian Bar Association and holds memberships in DRI, Canadian Defence Lawyers and the Association of Defence Trial Attorneys. 58

12 RORY ROGERS, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: Rory Rogers, QC is a partner in s Halifax, Nova Scotia office. His practice focuses largely on litigation and matters involving insurance, immigration and securities. Mr. Rogers has appeared before many levels of court and a wide variety of administrative tribunals and securities industry regulators. His clients include private and public companies, professional liability insurers, architects and engineers, banks and firms in the mutual fund and securities industry and recent matters have included: Acting in cases of professional liability litigation, including claims involving architects and engineers, directors and officers, insurance agents and accountants Acting in disputes involving corporate and securities issues, such as reorganizations, shareholder disputes, oppression claims and directors and officers duties Appearing at inquiries under the Nova Scotia Fatality Inquiry Act Acting in administrative law matters, including professional discipline files, immigration law and customs valuation and classification disputes Mr. Rogers received an MA from Johns Hopkins School of Advanced International Studies and his LLB from Dalhousie University s Schulich School of Law. He is an active member of the local legal community and part-time lecturer at both his alma mater, the Schulich School of Law, and at various Canadian Bar Association conferences. Recognized consistently as a leader in the legal world, Mr. Rogers has been listed for many years in Best Lawyers for both Corporate and Commercial Litigation and Health Care law. He has attained a BV rating from Martindale-Hubbell, a widely respected mark of achievement. WILLIAM RYAN, QC Suite 900, Purdy's Wharf Tower One P.O. Box 997 B3J 2X2 Halifax Phone: Fax: William (Mick) Ryan, QC is a partner in s Halifax, Nova Scotia office and has a diversified practice in all areas of litigation including civil, construction, taxation, corporate commercial, family, criminal, Federal Court, real estate, and professional liability. Mr. Ryan also has extensive experience in property and real estate development matters. He excels in the courtroom and has acted as counsel in all levels of court throughout the Province of Nova Scotia, the Tax Court and Federal Court of Canada, and the Supreme Court of Canada. He is a member of both the Nova Scotia and New Brunswick bar associations. Mr. Ryan supports the legal community through participating as a formal member of the Nova Scotia Bar Council, chairman of the annual meeting for the Nova Scotia Barristers Society, chairman of the library committee of the Nova Scotia Barristers Society, chair of the Nova Scotia subsection of the Canadian Bar Association of Construction Law, chair of the National Canadian Bar Association Construction Law Section, chair of a number of National Construction programs on behalf of the Canadian Bar Association, officer and director of Canadian College of Construction Lawyers, board member of the Canadian Chamber of Commerce, former chair of the Supreme Court of Canada Liaison Committee for the Canadian Bar Association, present member of The International Development Committee of the Canadian Bar Association, chair of the Rt. Honorable Paul Martin Sr. Scholarship, and a board member of the Canadian Institute of Advance Legal studies. Mr. Ryan has taught at Saint Mary s University and Schulich School of Law, both located in Halifax, Nova Scotia, and has given lectures in China, England, the United States and most provinces in Canada. Mr. Ryan has repeatedly been recognized by Lexpert for Directors and Officers Liability and Corporate/Commercial litigation and Best Lawyers for Construction Law and Corporate/Commercial Litigation. THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 59

13 COLM ST. ROCH SEVIOUR Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: With almost 30 years of practice and experience litigating commercial, products liability, natural resources and environmental cases, Mr. Seviour brings veteran analysis and counsel to the management of disputes for his clients, with an emphasis on practical legal, business and real world solutions. Working with a diverse group of client companies that include mining and other natural resources enterprises, product manufacturers, and insurers, he helps protect interests and maximize returns. Based in the firm s St. John s, Newfoundland and Labrador office, Mr. Seviour has litigated cases at all levels of the Courts of Newfoundland and Labrador and in the Supreme Court of Canada. His engagements of recent note as counsel include: Lead counsel for the successful plaintiffs in a multi-million dollar recovery in a 2010 International Commercial Arbitration Act mining royalty underpayment case Lead Newfoundland counsel for AbitibiBowater Inc. in its 2009 NAFTA case against the Government of Canada, resolved by settlement in 2010 Lead counsel for the successful defendant in the 2008 multimilliondollar products liability case of Sobeys Land Holdings Ltd. et al v. CRA Trailers Inc. et al. Mr. Seviour received his LLB from Osgoode Hall Law School, York University, and is an undergraduate of Memorial University of Newfoundland. He is a respected practitioner, both regionally and nationally, and particularly in the areas of natural resources and offshore oil and energy. Mr. Seviour has notably been recognized by Lexpert for excellence for his work in Energy, Electricity Regulatory and Mining. A former member of the firm s Partnership Board, Mr. Seviour also dedicates his time to a variety of community organizations and causes, including acting as a board member and past president of Tennis Newfoundland and Labrador; a board member of the internationallyacclaimed Lady Cove Women s Choir; a board member of the Canadian Advisory Council for Neuchâtel Junior College; and a board member of the Riverdale Tennis Club. HAROLD SMITH, QC Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: Harold Smith s focus is on representing employers by learning the structure and philosophy of their business. He applies this knowledge, tempered by 30 years of experience, when providing advice both in response to daily situations and on strategic approaches for the future. Mr. Smith works with employers on all matters that arise in the workplace including human rights, employment law, administration and negotiation of collective agreements, arbitrations and adjudications in federal, provincial and municipal jurisdictions. As well as an extensive practice in labour and employment matters with municipal governments and their agencies, Mr. Smith s clients span a variety of industries, including mining, fishing, retail (union and non-union), offshore oil production and exploration, pulp and paper, the commercial industrial sector of the construction industry, manufacturing and work with Crown corporations. He has extensive experience working with municipalities, including other cities in the province of Newfoundland and Labrador, on all aspects of the employment relationship as well as the collective relationship with certified unions representing inside and outside workers and uniformed services. In addition to working with municipalities, Mr. Smith has a broad range of experience in all aspects of the public and private sectors within the province and throughout the Atlantic region. He has an extensive connection with strategic planning for the major industrial complexes as well as representing those businesses in their dealings before administrative tribunals as well as the courts at all levels. Mr. Smith has been involved in the labour relations for the construction of the Hibernia, Terra Nova, White Rose, Transshipment projects and Hebron oil production project. Collective bargaining and dispute resolution, including rights and interest arbitration, represent a large focus in his practice in addition to assisting employers in the strategic planning initiatives for their future labour relations. Mr. Smith received his BA and LLB from Dalhousie University. A respected litigator, regionally, nationally and internationally, Mr. Smith has notably been recognized by Lexpert for Employment Law and Labour Relations as well as Best Lawyers and International Who s Who of Business Lawyers for Labour and Employment Law for many consecutive years. He has attained a BV Rating from Martindale-Hubbell, a widely respected mark of achievement. 60

14 CECILY STRICKLAND Suite 1100, Cabot Place 100 New Gower Street P.O. Box 5038 A1C 5V3 St. John's Phone: Fax: Cecily Strickland is a partner at and practices primarily in the maritime, environmental and energy law sectors. She is vice president (East) of the Canadian Maritime Law Association, a past national chair of the Maritime Law Section of the Canadian Bar Association, a member of the statutory Federal Court Rules Committee and was the original leader of the firm s marine practice group. It is Ms. Strickland s job to make sure her clients are prepared for any situation that arises and are able to respond effectively in difficult situations. Whether it s ensuring their operations are fully compliant with all regulatory and contractual requirements, casualty response or defending or commencing claims, she is proactive in identifying and responding to potential issues for her clients. Knowing her client s business and goals and utilizing her wide experience, she provides practical and legally sound advice that brings about the best possible outcome. Ms. Strickland s diverse client base includes offshore oil and gas interests, ship owners and charterers, protection and indemnity and other marine insurers, trans-shipment facilities, refineries and cold storage facilities. Some of the ways she has helped these clients are by: Acting as lead counsel for an offshore oil and gas interest in a public inquiry into offshore helicopter safety Acting as lead counsel for and assisting clients in the response to and management of ship source and offshore oil pollution and other serious marine casualty matters including explosion, fire, collision, salvage etc. Drafting and negotiating shipbuilding, ship repair, charter party, ship management and other contracts Defending product liability claims, in particular for manufacturers of engines utilized in marine applications Providing advice on matters of marine insurance, jurisdiction and regulatory issues such as environmental and other compliance matters Acting as counsel to ship owners, managers and charterers, their various insurers and to other marine sector industries, such as terminal operators and energy sector clients, with respect to a broad range of maritime and environmental matters and advices Advising with respect to the interpretation, application and implementation of regulatory requirements Acting as counsel with respect to offshore and other maritime jurisdictional and other issues Ms. Strickland is a graduate of the Marine Institute of Memorial University of Newfoundland and Labrador, Diploma in Naval Architecture, Technology (1983) and the Schulich School of Law at University (LLB, 1989, LLM, 1991). She has been recognized by Lexpert for excellence for her work in Shipping and Maritime Law, by Who s Who Legal with respect to Shipping and Maritime law and also by Best Lawyers for Maritime Law. She has attained a BV Rating from Martindale-Hubbell, a widely respected mark of achievement. THE DEFINITIVE GUIDE TO CANADA S LEADING LITIGATION FIRMS & ATTORNEYS 61

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