1 JOHN F. EVANS, Q.C., LSM, LL.B., B.A. EDUCATION & AWARDS: B.A.: University of Toronto, Political Science and Economics LL.B: Osgoode Hall Law School, 1963 Articled: Fasken, Calvin, MacKenzie, Williston & Swackhamer, Toronto (now Fasken Martineau) Called to Bar: 1965 Queen's Counsel: December 31, 1979 o Law Society Medal o Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada o Hamilton Law Association Awards: o Emilius Irving Award (for outstanding contribution towards furthering the goals of the Hamilton Law Association) o Edward Orzel Award 2011 (for distinction in Advocacy) o Ontario Bar Association Awards: o Distinguished Service 2001 o Excellence in Insurance Law 2008 o McMaster University Honourary Alumni May 1991: Established civil litigation law firm, now named EVANS SWEENY BORDIN LLP Suite One King Street West Hamilton, Ontario L8P 1A4 Tel: (905) Fax: (905) to 1991: EVANS, PHILP (Hamilton) MEMBERSHIPS: Fellow, The American College of Trial Lawyers, 1999 The Advocates' Society, President, First Vice-President, Secretary, 1988 Director, Director, Vice-President, 1972
2 John F. Evans, Q.C., LSM, LL.B. Page 2 The Hamilton Law Association, Canadian Bar Association, President, 1976 Chair, Library Committee, Trustee, Civil Litigation Committee, Executive-at-Large, CBAO, Member of Ontario & National Council, , , Chair, Media Committee, Canadian Association of University Solicitors, The Ontario Trial Lawyers Association, The Hamilton Medical-Legal Society, President, 1976 Director, Hamilton Lawyers' Club, The Sopinka Cup Society Committee Founding Chair and Member of Organizing Committee, Past Chair and Member of Organizing Committee, Federal Judicial Affairs, Department of Justice (Canada), Advisory Committee on Judicial Appointments (South West Ontario), Vice-Chair, Chair, Mediator, trained by Canadian Dispute Resolution, 1990 Mediator on over 25 mediations since 1990 Occasional Lecturer, Panelist and Programme Chair for: The Advocates' Society, Hamilton Law Association, Hamilton Medical-Legal Society, Bar Admission Course, Law Society Continuing Education, Hamilton Appraisal Institute, Mohawk College, McMaster University, Chedoke- McMaster Hospitals, Hamilton Insurance Adjusters Association, Board of Education for the City of Hamilton, Canadian Society for the Study of Higher Education, Association of Large School Boards in Ontario, Canadian Association of University Solicitors, Hamilton-Wentworth Regional Health Committee
3 John F. Evans, Q.C., LSM, LL.B. Page 3 Other Ontario Mental Health Review Board (Western Region), Attorney General's Court Reform Implementation Advisory Committee, 1989 Osgoode Hall Law School: Intensive Trial Advocacy Program (ITAW), Guest instructor annually since 1995 Advocates' Society Institute, Trainer and Coach Chief Justice's Ontario Bench & Bar Council, 1989 Advisory Committee to the Attorney General to revise the Rules of Practice, Williston Committee, One of original Duty Counsel for Victoria Park Legal Aid Clinic, FAIR Committee (Committee for Fair Action in Insurance Reform), Provincial Regional Chair Association of Large School Boards in Ontario, Legal Committee - Steering Committee, Canadian Association for the Practical Study of Law in Education, Osgoode Excellence Campaign, Regional Chair, Osgoode Hall Centennial Campaign, Regional Chair, 1990 Community and Cultural United Way of Burlington, Hamilton-Wentworth Leadership Committee, 1996 Legal Committee, 2002 McMaster University President's Club McMaster University Annual Fund Executive Committee, Chair, Honourary McMaster Alumni Member, 2005 Chair, Lawyers' Section, 1994 Hamilton and Region Arts Council, President, Director,
4 John F. Evans, Q.C., LSM, LL.B. Page 4 Dundas Valley School of Art Board of Governors, Chair, Honourary Governor, Hamilton Health Sciences Corporation Pointe au Baril Islanders Association Annual Member, 1997, 1998, 1999 Board of Directors, The Victorian Order of Nurses, Hamilton-Dundas Branch Board of Management, Present/Recent Caseload: Nutraceutical industry 2 cases Franchise Agreements and the Arthur Wishart Act Judicial Charge to a jury in a personal injury case Obligation of a professional regulatory body to members of the public Terminating foreclosure of large tracts of development land Appeal of a physician s certification examination result Injuries in auto accidents Injury from abuse at a licensed nursing home Claims for injuries for absence of policing against government and police Rectification of an error in a family Shareholder s Agreement Expulsion of a professional from a partnership Claim for catastrophic accident injury in a foreign country Claim against a foreign law firm under Ontario Law Claim for restaurant failure from professional advice
5 John F. Evans, Q.C., LSM, LL.B. Page 5 PAPERS, PANELS, WORKSHOPS & LECTURES (since 1980): Speaker, The Law of Commercial Damages: An Update; Osgoode Professional Development; Litigating Commercial Damages; June 14, 2010 Speaker, Resuming Hostilities, The Court of Appeal: Winning it all with the Big Guns; Ontario Bar Association; Sharpening the Sword III: Tactics and Strategies for Lock n Load Litigation; April 9, 2010 Speaker, The Law of Commercial Damages: An Update; Osgoode Professional Development; Litigating Commercial Damages; June 10, 2008 Speaker, Resuming Hostilities, The Court of Appeal: Winning it all with the Big Guns; Ontario Bar Association; Sharpening the Sword II: Tactics and Strategies for Lock n Load Litigation; April 11, 2008 Speaker, Hot Button Risk Management Issues for the Commercial Litigator; Hamilton Law Association, Current Issues in Commercial Litigation; April 12, 2007 Participant, The Chameleon with New Facts (Trial demonstration, examination-in-chief); The Advocates Society Hamilton Courthouse Series, Focus on the Witness; February 23, 2006 Speaker, Legal Aspects of Marine Accident Claims; Hamilton Law Association; 19 th Annual Joint Insurance Seminar; October 19, 2005 Speaker, Appeals to the Court of Appeal: Getting to the Court on Time (Rules, Regulations and Practical Considerations); The 3rd Annual Hamilton Advocacy Conference; April 2, 2003 Speaker; The Fellowes McNeil Issue; Canadian Defence Lawyers Annual Meeting & Conference; May 31, 2001 and Canadian Defence Lawyers Atlantic Meeting; October 18, 2001 Speaker; Take It To The Limit One More Time: The Explosion of Limitation Periods and the Lawyers Risk; The First Annual Hamilton Advocates Conference; January 13, 2000 Advisor, Community Arts Organizations Advisory Panel, Ontario Arts Council; June 11, 1999 Speaker; The O Connor Decision and its Impact on Solicitor and Client Privilege; The Advocates Society Court House Series (Hamilton); February 25, 1999
6 John F. Evans, Q.C., LSM, LL.B. Page 6 Lecturer; The Negligence Act: Avoiding the Limitation Period Guillotine; Lawyers Professional Indemnity Company, June 25, 1998 Lecturer; Professional Liability of Estate Planners for Negligence & Breach of Fiduciary Duty; Hamilton Estate Planners Association, November 11, 1997 Counsel in demonstration Civil Jury Trial -- Tavern Liability Issues; Central South Lawyers' 2nd Annual Conference (Niagara-on-the-Lake), May 9 & 10, 1997 Moderator of Panel consisting of Justice W.D. Griffiths, Justice Pat Wallace, Roger Yachetti, David Thompson & Stephen McArthur; ADR & Non-judicial Case Resolution The Advocates' Society Court House Education Program (Hamilton), February 8, 1996 Lecturer; The Agonies of Partnership CBAO, Civil Litigation Section Meeting, December 6, 1995 Lecturer; Role & Impact of the Media: To Talk or Not to Talk LSUC Seminar: The Professional Under Attack, June 4, 1993 Solicitor for the Appellant, Mock Appeal The Council of Ontario Faculties of Medicine: Workshop on Evaluation & Appeals (Toronto), October 20, 1992 Lecturer; Conflict of Interest in the Context of District Health Councils Annual Conference of the District Health Councils of Ontario, October 16, 1992 Key Note Speaker: Topic - Hamilton's Economic Future YMCA Annual Meeting, April 1992 Member of the Coaching Team; Negotiation The Advocates' Society Fall Convention (Niagara-on-the-Lake), October 18, 1992 Member of the Panel moderated by Earl Cherniak (co-panellists Mr. Justice Coulter Osborne, Mr. Justice W.D. Chilcott, Mr. Justice Charles Doyle and Mr. Justice Paul Cosgrove); The Assessment of General Damages (Fact Situations) County of Carleton Law Association Civil Litigation Update, November 16/17, 1990 Moderator of panel consisting of John Nelligan, Gerald Morin, Marc Somerville and Allan Rock; Conflict of Interest in the Defence of Actions against Lawyers. (Who is the Client - the Lawyer, the Insurer, or the Law Society? Are we being properly represented?) County of Carleton Law Association Civil Litigation Update, November 16/17, 1990 Lecturer; The ADR Scheme of the Insurance Act The Advocates' Society: Threshold No-Fault: Practical Strategies for Advocates,
7 John F. Evans, Q.C., LL.B. Page 7 June 14, 1990 Lecturer; Consent Issues: Age of Consent, Capacity to Consent, the Recluse, Immunization, V-D Treatment, Vaccination, the Fram Report, Where does the Problem Arise? What to do? The District, Municipal & Regional Solicitors' Association & The Association of Local Official Health Agencies Seminar - Current Public Health Issues: The Law, December 15, 1988 Lecturer; School Accommodation - Bill 30 Issues The Association of Large School Boards in Ontario, Current Legal Issues in Education, November 12, 1987 Panelist; Comparative Cross-Examinations of the Defence Medical Expert Ontario Insurance Adjusters Association Annual Adjuster-Lawyer Seminar, February 27, 1987 Panelist; Easy Money (A seminar on costs, assessments, time dockets, retainers, prepayment of disbursements, offers to settle, fee-splitting, etc.) Hamilton Law Association, April 1, 1986 Panelist; The Changes & Practical Effects of the New Rules Ontario Insurance Adjusters Association Annual Adjuster-Lawyer Seminar, February 28, 1986 Panelist; The Human Rights Dilemma Mohawk College, February 25, 1986 Lecturer; Negligence - Differences between Criminal & Civil Law, Coroner's Inquests; Hospital's Expectations of Staff Behaviour as Witnesses Chedoke-McMaster Hospitals, Legal Issues in the Practice of Nursing, June 28, 1984 Lecturer; Universities and the Law Meeting of Secretaries of Senate of Ontario Universities, June 22, 1982 PUBLISHED (Non-legal): You and Me and our Life Passions -- ABA Law Practice Magazine; October/November 2007 Arts Beat -- The Journal of the Hamilton & Region Arts Council; January 1995 Where Are Hamilton's Artistic Heros?
8 John F. Evans, Q.C., LL.B. Page 8 Book Review for the Broadway Cinema: May/June 1993 Nuala Beck, The New Economy: Changing Gears Hamilton this Month: September 1993 The Right Stuff - An article on Hamilton's economic future. The Hamilton Spectator: October 12, 1991 From I-beams to ideas - A Forum page article on the Hamilton area's economic future. The Hamilton Spectator; early 1980s F.G. Nivens - A column, usually bi-weekly, on legal topics.