Kevin’s practice primarily involves insurance, construction and professional governance issues.

From an insurance perspective, Kevin provides advice to national and international insurers in respect of a full range of insurance matters including casualty, property, life, surety, professional liability, malpractice and general and products liability, as well as regulatory issues. In addition to general defence work related to claims against insurers and insureds, he regularly prosecutes subrogated claims, provides opinions and advice on coverage and regulatory issues and utilizes alternative dispute resolution techniques in order to arrive at cost-effective and timely resolutions of all insurance matters on behalf of his insurance clients.

On the construction side, Kevin’s clients include owners, contractors and insurers.  He has advised clients who have had involvement in a number of recent significant projects in Winnipeg including: the Investors Group Field, the Millennium Library, the Canadian Museum for Human Rights and the Winnipeg James Armstrong Richardson International Airport.

Kevin routinely provides advice to clients on issues relating to procurement and tendering matters, contractual negotiations and issues that arise throughout the course of construction.

Kevin also provides advice to numerous self-regulating organizations with respect to professional standards/governance issues.

Kevin has successfully represented clients before all Courts in Manitoba, the Supreme Court of Canada as well as numerous administrative tribunals, professional and regulatory bodies.

Managing Partner

  • Admitted to the Bar, 1990, Manitoba
  • Admitted to the Bar, Ontario, on an occasional basis

 

Education

  • University of Manitoba (B.Comm.(Hons), 1985)
  • University of Manitoba (LL.B., 1989)
 

Member

  • Canadian Bar Association
  • Manitoba Bar Association including the Civil Litigation and Construction Law Subsections
  • Law Society of Manitoba

Board and Committee Appointments

  • Taylor McCaffrey Management Committee (2003-present)
  • Teachers Retirement Allowances Fund, Board of Directors, Member (2015 - present)
  • Teachers Retirement Allowances Fund, Acting Vice-Chair (2016-present)
  • Teachers Retirement Allowances Fund, Audit Committee Chair (2016-present)
  • Teachers Retirement Allowances Fund, Human Resources Committee Chair (2016-present)
  • Teachers Retirement Allowances Fund, Governance Committee Chair (2016-present)
  • Law Society of Manitoba, Professional Liability Claims Fund Committee, Member (2003 – 2005).
  • Law Society of Manitoba, Equity Committee, Member (2002-2003)
  • Law Society of Manitoba, Standards Committee, Member (2001-2002)
  • Law Society of Manitoba, Discipline Committee, Member (2000-2001)
  • Law Society of Manitoba, Admissions & Education Committee, Member (1998-2000)
  • Manitoba Bar Association, Construction Law Section, President (2000-2001)
  • Manitoba Bar Association, Construction Law Section Executive, Member (1999-2001)

Volunteer Activities/Affiliations

  • St. Boniface Hospital Research Foundation, Past Chair of the Board (2015-present)
  • St. Boniface Hospital Research Foundation, Chairman of the Board (2012-2015)
  • St. Boniface Hospital Research Foundation, Board of Directors, Member (2000-present)
  • St. Boniface Hospital Research Foundation, Executive Committee, Member (2004-present)
  • St. Boniface Hospital Research Foundation, Chairman of Finance Committee (2004 – 2012)
  • St. Boniface Hospital Research Foundation, Finance Committee, Member (2001-2012)
  • St. Boniface Hospital Research Foundation, Development Committee, Member (1998-2001)

Legal Teaching

  • University of Manitoba, Faculty of Law, Pre-Trial Process and Advocacy courses (1991-2000)

Representative Reported Cases

  • Green v. Law Society of Manitoba - Supreme Court of Canada, 2016 - Case dealt with statutory authority of a regulator to interim suspend members for failing to complete continuing education requirements.
  • Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel – Supreme Court of Canada, 2015 – Successfully argued that the trust and lien remedies under the Manitoba Builders' Liens Act are separate and distinct remedies, and that the filing of a lien bond has no effect on the existence and application of a parties trust obligation under the Act.
  • Telecommunications Employees Association of Manitoba Inc. v. Manitoba Telecom Services Inc., 2014 SC11 - Supreme Court of Canada, 2014 - Case concerned an employer's ability to make use of actuarial surplus in a defined benefit pension plan upon employer's reorganization and transfer of members' plan assets to a new pension plan.
  • Winnipeg Condominium Corporation No. 36 v. Bird Construction Company Ltd. et al – Supreme Court of Canada, 1994 – Successfully argued for the establishment of the right of subsequent owners of buildings to sue the original architects, engineers and contractors for dangerous latent defects present in the structure.
  • Manitoba Hydro Electric Board v. John Inglis Company Limited et al – 2000 MBQB 218 – Successfully argued that a claim for damages in excess of 30 million dollars was statute barred against certain of the parties based on the provisions of The Limitation of Actions Act.