- 4.4/5.0 (2)
His professional liability practice has included the defence of lawyers, accountants, financial advisors, investment houses, insurance agents and brokers, managing general agents, corporate directors and officers, architects, engineers, surveyors among other professional disciplines, both in the litigation context and in relation to regulatory and disciplinary proceedings.
Don has also litigated a variety of class actions against various professionals with extensive experience in the securities industry in relation to claims against investment advisors and dealer/brokers.
Don has written and spoken on various topics relating to commercial litigation and settlement techniques throughout North America and in London, England. He 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:
•Corporate and Commercial Litigation, Best Lawyers in Canada
•Insurance Law, Best Lawyers in Canada
•Leading Lawyer - Insurance & Reinsurance, Who's Who Legal: Canada
•Leading Lawyer - Corporate & Commercial Litigation, Who's Who Legal: Canada
•Queen's Counsel, 2014
•Pre-Eminent Lawyer - International Who's Who of Insurance and Reinsurance Lawyers
•BV Distinguished Peer Review Rating, Martindale-Hubbell
Community and Volunteer Activities:
•Volunteer, Glenrose Rehabilitation Hospital Foundation
•Former Member, Community Relations & Fund Development Committee
•Co-Chair, Longest Day of Golf (2013, 2014)
•Royal Mayfair Golf Club
•Member, Nominating Committee
•Former President and Board Chair
•Former Member, Board of Governors
•Former Member, Resource Advisory Committee
•Former Chair - Audit & Finance Committee, Green Committee, Nominating Committee
•Former Member - Membership Committee, Operations Committee, and Capital Strategies Committee
•Tournament Vice Chair, 2013 CN Canadian Women's Open Golf Championship - LPGA
•Vice Chair and Member of Organizing Committee, 2007 Pro Am CN Canadian Women's Open Golf Championship - LPGA
Within the professional errors & omissions area, Don has extensive experience defending investment advisors and the investment houses that sponsor them, in relation to claims relating to breach of fiduciary duty, negligence and fraud. He also routinely acts in defence of architects, engineers, financial advisors and agents, dealer/brokers, insurance agents, lawyers and other professionals.
•Represented numerous architects in claims alleging negligent design in relation to a variety of structures and in relation to a variety of issues.
•Represented design professionals, including architects and engineers in relation to allegedly faulty design of a major office tower.
•Represented an architect in relation to claims of negligence in the design and construction of a municipal facility and fire hall.
•Represented design engineers in relation to the design of a CHP plant.
•Represented an engineering firm in litigation with respect to the design and performance of a liquid asphalt tank farm.
•Represented engineers in relation to claims in negligence over slope instability.
•Represented a financial advisor with respect to allegations of unauthorized trading.
•Represented numerous financial advisors with respect to claims of negligent investment advice, breach of fiduciary duty and failure to inform with respect to leveraged investing.
•Represented a broker dealer with respect to allegations of negligent supervision of investment advisors, among other things.
•Represented an investment advisor with respect to claims of negligent investment advice, failure to warn and breach of fiduciary duty.
•Represented investment advisors relative to claims of trading beyond his licensing authority.
•Represented an investment house with respect to allegations of vicarious liability for the alleged acts and omissions of its investment advisor.
•Represented an investment advisor in negligence and breach of contract claim arising from exempt market products.
•Represented investment advisors in relation to investigations by the Alberta Insurance Council, the Mutual Fund Dealers Association and the Investment Industry Regulatory Organization of Canada.
•Represented life insurance agents with respect to claims of negligence in taking insurance applications.
•Represented accountants in relation to professional negligence claims arising from financial statements and other disclosure documentation.
•Represented a lawyer in several actions brought in connection with alleged professional negligence in relation to intellectual property matters.
•Represented an appraiser with respect to the failure to properly appraise commercial land for development.
•Represented numerous real estate appraisers in relation to claims of negligent misrepresentation arising out of appraisal reports.
•Represented a real estate appraiser in a discipline hearing with respect to a claim of breach of the standards of the profession.
•Represented a lawyer in a professional disciplinary appeal before the Law Society of Alberta.
•Represented a lawyer with respect to claims made in defamation.
•Represented lawyers in relation to negligence alleged in relation to patent prosecution.
•Represented numerous lawyers in claims of professional negligence.
•Represented manufacturers of feed lots with respect to claims of failure to properly produce product.
•Represented surveyors in relation to allegations of negligently prepared surveys and disciplinary proceedings arising.
Don is experienced in defending class proceedings in Alberta and British Columbia. Much of this experience relates to the securities industry and both public and private corporations.
He has defended investment houses, investment advisors and accountants who are sued in class proceedings. This work has also involved incidental dealings with national securities regulators.
•Class proceeding against a regional accounting firm in proceedings both in Alberta and British Columbia for negligent misrepresentation of financial statements and other documents in relation to a Capital Pool Company.
•Class proceeding against an investment advisor in relation to allegations of negligence, breach of fiduciary duty and breach of contract.
•Class proceeding in defence of a major dealer/broker in relation to allegations of failure to supervise and direct negligence in relation to the handling of client accounts.
Directors & Officers Liability
Don represents plaintiffs, defendants, appraisers and insurers in relation to claims brought against directors, officers and entities (typically in relation to “Securities Claims”), as well as acting as coverage and monitoring counsel. Don also has experience in relation to 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.
Don's experience in directors' & officers' claims spans a vast number of industries and circumstances including mining, forestry, securities, banking & finance, oil & gas, transportation, warehousing & logistics, retail and merchandising, property development, securities and investment, and telecommunications, to name only a few.
Don's clients include various members of the Lloyds of London Insurance Market. He also 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 and on matters of business risk, products liability, and commercial general liability issues.
•Represented an international insurer with respect to a claim of breach of fiduciary duty by its directors and officers and a denial of coverage under a directors and officers liability policy due to fraudulent activities and financial misstatement.
•Represented directors and officers of a major airline for a potential claim in relation to vacation and holiday pay.
•Represented an insurer with respect to claims made against directors and officers of a telecommunications company for coverage under a directors and officers liability policy.
•Represented an insurer in relation to a claim against directors and officers under a directors and officers liability policy for breach of a Securities Agreement in relation to the transfer of shares and breach of fiduciary duty.
•Represented the insurer of certain directors and officers with respect to a claim of fraud against a property developer.
•Represented an insurer in relation to claims brought against a well-known newspaper magnet and others arising out of criminal activities and alleged fraud.
•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.
Don has handled a wide variety of commercial litigation including shareholder disputes, contract disputes, construction and land development disputes, as well as numerous large loss claims.
•Represented corporations and individuals concerning shareholders' disputes, oppression actions and derivative actions.
•Represented 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.
•Represented corporations and individuals across various industries in negligence and breach of contract litigation as well as product liability actions.
•Represented 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.
•Represented a condominium corporation in relation to numerous issues arising out of the Fort McMurray wildfire.
Don's fidelity insurance practice ranges from employee theft and fraud, to Ponzi and pyramid schemes arising in a variety of industries and sectors. Don is well acquainted with Financial Institutions Bond and Commercial Crime Policies and regularly acts for insurers in this area.
•Obtained an ex parte Norwich Order to obtain banking records for the purpose of proving employee dishonesty in a fidelity bond case.
•Represented insurers in a fidelity claim for commodity derivatives trading losses allegedly totaling more than $500m.
•Represented a fidelity insurer with respect to a claim of employee dishonesty at a financial institution.
•Represented an insurer with respect to the dishonesty of a financial advisor and theft and misappropriation of client funds.
•Represented an insurer with respect to a claim of fraudulent misappropriation of funds by a municipal official under a fidelity bond.
•Represented an insurer under a fidelity bond and a claim made by a law firm for dishonesty and misappropriation by one of its employees.
• Unsportsmanlike Conduct and the Law , Don McGarvey and Tara Argent, The Lawyers Weekly
• Ontario Court of Appeal Rules on Lawyer - Expert Interaction , Don McGarvey and Janet Patterson, McLennan Ross E-Mail Alert
• Jurisdictional Considerations in Class Proceedings , Don McGarvey and Kate Whittleton, Canadian Underwriter Magazine, October
•McGarvey Professional and Financial Lines Newsletter, February
• No Double Dipping on Claims Allowed , Don McGarvey and Tara Argent, The Lawyers Weekly
• History in the Making - Canada's Largest Award of Punitive Damages Against Insurers , Don McGarvey and Tara Argent, Claims Canada Magazine
•McGarvey Professional and Financial Lines Newsletter, May
•McGarvey Professional and Financial Lines Newsletter, January
• U.S. Case Extends Fidelity Bond Reach , Don McGarvey and Tara Argent, The Lawyers Weekly
•McGarvey Professional and Financial Lines Newsletter, September
•“Employee Dishonesty a Harsh Reality”, The Lawyers Weekly
• Directors' and Officers' Liability Insurance , Insurance Coverage Primer, Canadian Defence Lawyers
• Risk Management Settlement Agreements , Lloyds of London Insurance Market
•Panel Chair, Risk Management Settlement Agreements , Barrister's Briefs - Canadian Bar Association
Professional Associations, Affiliations and Community Activities
•Member, Northern Alberta Risk and Insurance Managers Society
•Member, Canadian Defense Lawyers
•Member, American Bar Association
•Member, Professional Liability Underwriters Society
•Former Executive Member, Canadian Bar Association Insurance Law Subsection (Alberta North)
•Former Instructor, Alberta Bar Admissions Course (Civil Procedure)