Don has practiced at McLennan Ross since 1991 and has been a partner with the firm since 1995. He is a member of the Commercial Litigation, Insurance & Risk Management and Construction Practice Groups.
Don's vast commercial litigation experience includes large loss litigation in a variety of industries and sectors including oil and gas, mining and forestry, telecommunications and transportation. He is very experienced in breach of contract litigation, shareholders disputes, and has a special interest in matters of professional liability and corporate governance.
Don has litigated a variety of commercial construction disputes representing owners, architects, engineers, contractors as well as trades and sub-trades.
Don's commercial insurance practice includes directors' and officers' liability, fiduciary liability, fidelity claims, professional negligence, products liability, CGL and business risks.
Don has appeared at all levels of court in Alberta, in the Federal Court of Canada and in leave applications before the Supreme Court of Canada.
Awards and Recognition
· BV Distinguished peer review rating, Martindale-Hubbell
· Recognized by his peers as a pre-eminent lawyer, International Who's Who of Insurance and Reinsurance Lawyers
· Leading practitioner - Personal Injury. as recognized by the Canadian Legal Lexpert Directory
Professional Associations and Affiliations
· Member, Professional Liability Underwriters Society (PLUS)
· Member, Northern Alberta Risk and Insurance Managers Society
· Member, Canadian Defence Lawyers
· Member, PC Party of Alberta
· Former Executive Member, CBA Insurance Law Subsection (Alberta North)
Community and Volunteer Activities
· Royal Mayfair Golf Club
- Secretary and Member of the Board of Governors
- Member, Audit & Finance Committee
- Member, Capital Strategies Committee
- Member, Membership Committee
· Founder and President, River Valley Ringneck Pheasant Society
· Organizing Committee Member and Vice Chair of the Pro-Am Committee, 2007 CN Canadian Women's Open Golf Championship
· Community Soccer Coach
· Minor Hockey Coach, Whitemud West Hockey Association
· Former Instructor Bar Admissions Course, Legal Education Society of Alberta
· Past Executive Member, Rotary Club of Edmonton, Jasper
· Past Executive Member, International Wine and Food Society, Edmonton Branch
Representative Experience
Commercial Litigation
· Represents plaintiffs, defendants and insurers of professional liability/errors and omissions actions involving lawyers, financial brokers and agents, insurance brokers and agents, accountants, architects, surveyors, engineers and a variety of other professionals.
· Represents corporations and individuals concerning shareholders' disputes, oppression actions and derivative actions.
· Represents corporations and individuals pertaining to directors' and officers' liability and securities litigation in a variety of industry sectors including the airline industry, telecommunications, transportation, technology, mining and forestry, and real estate.
· Represents corporations and individuals across various industries in negligence and breach of contract litigation as well as product liability actions.
· Represents corporations and individuals in a variety of large loss litigation across various sectors including oil and gas, mining and forestry, telecommunications, and transportation to name a few.
Insurance & Risk Management
· Represents various members of the Lloyds of London Insurance Market.
· Represents several leading national and international insurers in the capacity as both claims counsel and coverage counsel in relation to a wide variety of issues relating to directors' and officers' liability, fiduciary liability and fidelity claims.
· Represents several leading national insurers on matters of business risk, products liability, and commercial general liability issues.
Construction
· Represents corporations and insurers in construction claims relating to commercial development, building codes, and safety codes.
· Represents owners, developers, contractors, architects, engineers, trades and sub-trades in commercial construction disputes.
Publications
2011
· "Directors & Officers Liability Insurance - The Fundamentals of Coverage", Canadian Defence Lawyers
· "Alberta Court Clarifies Limitation Date for Declaratory Judgment", Don McGarvey with Anthony Espejo, Claims Canada Magazine
· "How to Distinguish Equitable Contribution from Subrogation", Don McGarvey with Tara Argent, The Lawyers Weekly
2010
· "Interim Funding Agreements", Don McGarvey with Tara Argent, Claims Canada Magazine
· "Preparing the Adjuster's File for Litigation, Part II", Don McGarvey, Claims Canada Magazine
· "Why Insurers Need the Right to Appoint Counsel", Don McGarvey with Andrea Swabuk, The Lawyers Weekly
2009
· "Preparing the Adjuster's File for Litigation - Part I", Don McGarvey, Claims Canada Magazine
· "Defining Directors' Duties", Don McGarvey, Canadian Underwriter Magazine
2008
· "Assessing the Risk of Trial vs. Settlement", Don McGarvey, for the ARC Group Canada Inc.
· "Blowing the Lid off the Cap", Don McGarvey, Canadian Underwriter Magazine
2007
· "The Defence Costs Allocation Dispute", Don McGarvey with Alexis Moulton, Claims Canada Magazine
Speaking Engagements
2011
· "Directors' and Officers' Liability Insurance", Insurance Coverage Primer, Canadian Defence Lawyers
2009
· "Risk Management Settlement Agreements", Presentation to the Lloyds of London Insurance Market
2007
· Panel Chair, "Barrister's Briefs" - Presentation on "Risk Management Settlement Agreements", Alberta Law Conference, Canadian Bar Association, Alberta Branch