Experience

MacGillivray Injury and Insurance Law

• Canada
• Law Practice
• 1 - 100 Employee

• Partner

  • Oct 2020 - Present

  I use the skills, experience, and institutional knowledge earned throughout my previous career as Defense Counsel to help injured people receive fair treatment from insurance companies and their lawyers. In my first full year of practice as Plaintiff's Counsel (2021), I was directly responsible for, or otherwise brokered (in collaboration with Jamie MacGillivray - Founding Partner) ~$11,945,000 in gross settlements, on individual personal injury and insurance claims (i.e. no class actions). In November of 2022, I was invited to speak before the Atlantic Provinces Trial Lawyers Association (APTLA), on the subject of advancing personal injury claims for psychological injuries and psychological pain conditions, with an emphasis on cases involving the DSM-5 diagnosis of Somatic Symptom Disorder - Predominant Pain. In 2023, I was invited to serve as Counsel for the National Citizen’s Inquiry into Canada’s response to Covid-19, in an effort to create transparency and improve Federal and Provincial management of similar future challenges. I examined a variety of medical experts in public hearings throughout March of 2023. In June of 2023, I was invited to speak as part of an APTLA panel on the subjects of mediation and quantification of personal injury claims (“What is This Case Worth”). In August of 2023, I was honored to be selected by for inclusion in the 2024 edition of "The Best Lawyers in Canada™", in the practice area of Personal Injury Litigation. Show less



Intact

• Canada
• Insurance
• 700 & Above Employee

• Senior Legal Counsel

  • Apr 2013 - Oct 2020

  Involved in successful advocacy before the Supreme Court of Canada, Nova Scotia Court of Appeal, Supreme Court of Nova Scotia and the Supreme Court of Newfoundland and Labrador. Representative matters: • Providing policy interpretation, coverage analysis and defending hundreds of claims in the areas of automobile and personal injury, product liability, occupiers’ liability, property insurance and professional liability. • Successfully defending an insured motorist on the basis of liability in a Third Party claim for damages arising from injuries sustained in an MVA (Tibbetts v. Murphy, 2015 NSSC 280). • Successfully arguing, with co-counsel, that CPP disability benefits received as a result of injuries sustained in an MVA are deductible from tort awards for loss of income or loss of earning capacity, under s.113A of Nova Scotia's Motor Vehicle Act. This was an industry-significant decision that resolved conflicting case law in Nova Scotia (Tibbetts v. Murphy, 2017 NSCA 35). Leave to Appeal to the Supreme Court of Canada successfully resisted at 2018 CanLII 509 (SCC). • Working with Terry G. Rowe, Q.C., in researching and co-writing the (successful) defence arguments on the issue of whether CPP disability benefits received as a result of injuries sustained in an MVA are deductible from tort awards for loss of income or loss of earning capacity under s.26 of Newfoundland's Motor Vehicle Act. This was an industry-significant decision that set a provincial precedent (Ryan v. Curlew, 2018 NLSC 72). • Successfully arguing that a Plaintiff seeking ~$250,000 in damages for personal injuries allegedly arising from an MVA was limited by s.113B of the Insurance Act and the Automobile Insurance Tort Recovery Limitation Regulations (Gale v. Purcell, 2018 NSSC 319). • Successfully defending a claim for Loss of Income and Diminished Earning Capacity, totalling (under those heads) ~$1,350,000, on the basis of causation (Blenus v. Fraser, 2021 NSSC 79; heard in 2019). Show less



Stewart McKelvey

• Canada
• Law Practice
• 300 - 400 Employee

• Associate Lawyer

  • May 2008 - Apr 2013

  Throughout my tenure as an Associate with Atlantic Canada’s pre-eminent defense firm, I practiced in the areas of insurance defense, commercial litigation, occupational health & safety and labor & employment law. I have appeared before the Nova Scotia Supreme Court, the Nova Scotia Utility and Review Board, the Nova Scotia Labour Board, Small Claims Court and the Residential Tenancies Board.Representative matters: • Acting on behalf of more than 20 major insurance companies, providing coverage analysis and defending claims in the areas of automobile and personal injury, occupiers’ liability, property insurance and professional liability.• Acting on behalf of companies with respect to product liability claims, including faulty design, failure to warn and breach of implied warranty.• Working with clients to ensure corporate compliance within relevant regulatory framework(s).• Appearances before specialized Tribunals.• Involvement in complex commercial litigation matters, including shareholder disputes and oppression remedy litigation.• Involvement in proceedings where urgent civil remedies were sought, including injunctions.• Providing strategic advice to employers with respect to termination and severance, and to unionized employers regarding the interpretation of collective agreements, unionization, grievances and arbitration. During my Associateship, I was formally mentored by the Honorable Justice Christa M. Brothers (an exceptional litigator with the highest standard of practice), who was appointed to the Nova Scotia Supreme Court in 2017. I was also privileged to work closely with the Honorable Justice James L. Chipman (a talented insurance defense lawyer with a strong belief in the importance of relationships) and the Honorable Justice Scott Norton (a highly respected civil litigator and trial lawyer with impeccable judgment and a brilliant mind for legal analysis), prior to their respective appointments to the Nova Scotia Supreme Court. Show less

• Articled Clerk

  • May 2007 - May 2008

  Throughout my Articles, I had the privilege of having David Henley Q.C. act as my Principal (formally responsible for my training and supervision); an outstanding lawyer who maintained a broad legal practice in maritime, environmental, construction, aviation, energy and natural resources law, both in litigation and commercial contexts (while simultaneously holding a position as Deputy Commander for the 5th Canadian Division of the Armed Forces Reserve, eventually retiring with the rank of Brigadier-General). During that time, I had the further privilege of being formally mentored by the Honorable Justice David P.S. Farrar (a prolific trial lawyer with a superior understanding of the law of evidence), immediately prior to his appointment to the Nova Scotia Supreme Court in 2009 (and subsequent appointment to the Nova Scotia Court of Appeal in 2010). "If I have seen further... it is by standing upon the shoulders of giants." Show less



Nabors Industries

• United States
• Oil and Gas
• 700 & Above Employee

• Floorhand (Roughneck)

  • Jun 2006 - Sep 2006

  Hired for the summer between second and third year law school. • Crew aboard Nabors Rig 69 and Rig 89; two of the largest, most sophisticated land drilling units (AC Triple rated for drill depths of ~7,200 meters) operating in North America. • Long and physically demanding hours, in isolation (working two leases in the Canadian Rockies). • Performed physical labour associated with drilling operations using manual, hydraulic, and heavy industrial equipment. • Monitoring and maintaining well control. • Inspecting drill bits, drill pipe and casing. • Daily pre-tour operation and safety meetings. Show less



Ensign Energy Services

• Canada
• Oil and Gas
• 700 & Above Employee

• Floorhand (Roughneck)

  • Jun 2005 - Sep 2005

  Hired for the summer between first and second year law school. • Crew aboard Ensign Rig 6 (telescopic double-derrick); the oldest, hardest working, fastest drilling rig in a fleet of 60+ units; drilled a new well, disassembled, relocated and re-assembled the rig every 7 - 14 days. • Long and physically demanding hours, in isolation (working leases in Northern British Columbia). • Performed physical labour associated with drilling operations, using manual, hydraulic, and heavy industrial equipment. • Operating heavy Caterpillar machinery. • Handling and mixing hazardous chemicals. • Assembling the blow-out prevention unit and flare lines. Show less



GlobalSantaFe Drilling Company (Canada) Limited

• Bedford, Nova Scotia

• Roustabout

  • Dec 2001 - Sep 2004

  Hired while completing undergraduate degree. Remained on the crew for a period of time before moving on to law school. • Crew aboard the Galaxy II; the largest and most technologically sophisticated offshore, ultra-harsh environment, self-elevating drilling unit in the world (at the time). Drilling off the coast of Sable Island (Atlantic Ocean). • Extremely hazardous work environment, where the consequences of failing to maintain the highest operational standards could be catastrophic, including serious injury or death, damage to equipment, or environmental loss. Teamwork, communication and hard work critical to success. • Long and physically demanding hours, in severe weather conditions, at sea for 21-day rotations. • Responsible for facilitating drilling and supply operations, primarily through working with 3 Seatrax series cranes, each with operational lifting capacities of 48 tons (main block) and 11 tons (auxiliary hoist), and 3 supply vessels. • Handling and mixing hazardous chemicals. • General maintenance and custodianship of the rig. • Member of the offshore firefighting and emergency response team. • Member of the helicopter ground-crew, responsible for landing and refueling operations. • Member of the offshore safety committee. Daily pre-tour safety meetings. Frequent performance of Job Risk Assessments. Show less