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Kevin McGuigan is now entering his 26th year of practice. In that time, he has run hundreds of trials. He started out in the criminal, civil and family areas of law, conducting a large number of trials at the outset of his career. This enabled Kevin to develop the skills and experience he now relies upon to conduct trials for clients when necessary. Kevin tries to steer his clients toward resolution of their disputes.
Kevin is most proud of the files he has helped resolve outside the formalized legal process. Kevin recognizes that litigation often results in a judgment that is not necessarily practical for either side. And Kevin recognizes that a trial is a last resort. And in such cases, Kevin has appeared before all sorts of administrative tribunals, and levels of court up to the Supreme Court of Canada. This includes appearances and trials in the various western provinces.
In recent years, Kevin is one of the few successful lawyers in the area of class action lawsuits related to lawsuits involving investor losses in exempt market investments. Kevin was successful as Plaintiff counsel in litigation involving the Platinum Equities and Strategic entities. That certification was appealed, and upheld, despite the attempts of multiple appellant counsel to overturn it. Kevin is looking forward to having the Court of Appeal endorse the efficiencies of using the class system to enable these thousands of investors to pursue their claims.
Kevin is currently working with the Crossroads and DMD’s I – V & Sun Country. This particular class suit involves some interesting issues and we look forward to moving it along.
Kevin has also recently been successful in settling a number of class actions through negotiated settlement with opposing counsel. At this time, Kevin is currently overseeing the successful resolution of some class suits that were certified and are now in the stage of attempting to crystalize value for investors. This includes Lakehouse, which was successfully settled, and we are in the midst of payout to investors.
In many years of practice, Kevin is pleased to note that some of the work he has done has had impact on the development of various areas of law. For example, dealing with privilege waiver issues, and usage of Notices to Admit, in various types of claims.
Kevin handles employment claims, professional negligence complaints and complex litigation files, from the perspective of both plaintiffs and defendants. Kevin is also prepared to deal with class action issues and lawsuits, from both perspectives.
In many cases, Kevin comes in as second or even third legal counsel, when clients are not able to resolve matters with their current counsel. Kevin is quite proud of his success rate in helping these clients find the right focus, and issues, in order to resolve their claims. Kevin has had the opportunity to litigate a vast number of issues, from quarry mining disputes on Crown lands, to oil contamination issues, and investor loss litigation that involved the FBI and an undercover sting in the United States.
Kevin has been successful in qualifying experts in some new and novel ways, including treating expert evidence in trial and usage of experts in quantifying loss in complex litigation claims.
Kevin is currently involved in the development and expansion of an outside national legal firm in helping them pursue a vast litigation practice. That is ongoing and Kevin is looking forward to helping create the efficiencies it needs to proceed.
Kevin has been involved for a number of years with the CPLED program in Alberta and has assisted with the Negotiations Course.
Kevin was admitted to the Bar of the Law Society of Alberta at the Alberta Court of Appeal in July of 1992 by Mr. Justice Milt Harradence and has been practising law in Calgary ever since. Kevin moved to Calgary to article with a mid-sized law firm in 1991. Kevin has an undergraduate degree in commerce, which provides him with the background and strength to litigate complex commercial claims.
Active in the community, Kevin has been involved with the Kinsmen Club of Calgary, Lodge Renfrew and he is a member of Al Azhar Shrine Temple of Calgary. McGuigan Nelson LLP acts as general counsel for the Al Azhar Shrine Temple. Kevin also enjoys politics, running, hiking, playing sports and spending time with his wife and three children.
Kevin’s more significant recent courtroom experience: