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McKim, John E.


Phone: +1 902 460 3461
Fax: +1 902 463 7500

BoyneClarke LLP
99 Wyse Road, Suite 600
P.O. Box 876, Dartmouth Main
Halifax Regional Municipality, Nova Scotia,
Canada, B2Y 3Z5
Phone: +1 902 469 9500
Fax: +1 902 463 7500
http://www.boyneclarke.ca
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McKim, John E.


Born in Ottawa, Ontario, John was admitted to the Ontario Bar in 1985 and in Nova Scotia in 1990. He obtained a Bachelor of Education (1978) and a Bachelor of Arts (1977) both from St. Francis Xavier University, and his LL.B. from Dalhousie University in 1983. John is a Member of the Canadian Bar Association and the Nova Scotia Barristers Society. In his leisure time, John enjoys singing, golf, sea kayaking (constructionpaddling), fishing, guitar, and more golf.

John’s favorite quote is by Plato: “Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything.”

His 5 years of practice in Cornwall, Ontario included numerous files involving motor vehicle insurance and fire insurance issues and included representation of multiple insurers.   In 1990, he was admitted to the Nova Scotia Bar and moved to Truro, Nova Scotia and later joined BOYNECLARKE LLP in 2007 as a senior associate.   The focal point of his practice has been legal research and writing, providing opinions, issue assessments, preparation of legal briefs, memorandums, factums and educational articles (including in-house educational articles and Lawyers Weekly articles) on various legal issues primarily in the fields of personal injury and insurance law (automobile, disability, property and commercial liability). John has significant research experience in areas involving insurance litigation issues, in particular with respect to auto insurance issues (including Section A claims, Section B benefits, uninsured and unidentified motorist coverage, SEF 44 endorsements, minor injury legislation and conflict of law issues) as well as in respect to homeowner policies and CGL claims.    

 

EDUCATION

 

1990

1985

1980 – 1983

1978

 

1977

Admission – Nova Scotia Bar

Admission - Ontario Bar

LL.B., Dalhousie University Law School, Halifax, Nova Scotia

Bachelor of Education (Secondary Education), St. Francis Xavier University, Antigonish, Nova Scotia

Bachelor of Arts (Political Science), St. Francis Xavier University, Antigonish, Nova Scotia

EMPLOYMENT

 

Present

 

1990 – 2006

 

1985 – 1990

 

1978 – 1980

Senior Associate Lawyer (Litigation), BOYNECLARKE LLP, Dartmouth, Nova Scotia

Associate Staff Lawyer (Insurance Litigation), Patterson Law, Truro, Nova Scotia

Associate, Fennell, Rudden, Campbell, Stevenson, Cornwall, Ontario

Teacher, Grade 12 - Cobequid Educational Centre, Truro, Nova Scotia

PROFESSIONAL MEMBERSHIPS AND ACTIVITIES

 

  • Member – Nova Scotia Barristers’ Society
  • Member – Canadian Bar Association
  • Member – Colchester County Barristers Society

COMMUNITY ACTIVITIES

 

  • Member – Truro Cantabile Singers (Baritone Bass);
  • Past involvment with Spotlight Musical Theatre (Guest actor as “Pharaoh/Elvis” in “Joseph and the Amazing Technicoloured Dreamcoat” production; stage construction assistance);
  • Hub Basketball Association (Truro) coach and Board Chair; Basketball Coach (Redcliff Middle School Grade 5-6 boys team)
  • 2003-2004 Basketball Nova Scotia Award of Merit (Coaching) recipient
  • Truro Music Festival –Fund Raising Chair (past Board Member)
  • Chair and Secretary – Immaculate Conception Parish Council (past)
  • Habitat for Humanity Volunteer (2004 El Salvador trip)
  • Past member Valley-Kemptown Volunteer Fire Dept. (FirefighterFirst Responder)
  • Editor, WriterLay Out Designer, “Gatherings”, Parish Newsletter (Quarterly)
  • Truro Centurion Swim Club Personnel Committee Chair (past)
  • Colchester Residential Services Society Board MemberVice Chair (past)
  • Mountain Golf Course, Member (current)

AREAS OF PRACTICE and services offered

 

  • Insurance Litigation

 

  • Legal Research and writing (briefs, factums, file assessments, practice memorandum etc.)
  • Commercial Litigation
  • Personal Injury Litigation

Email

 

jmckim@boyneclarke.ca

 

 

  

 

 

PUBLICATIONS

 

 

 

  Published Papers and Articles:

 

 

  • “Habitat for Humanity: Easter Build in El Salvador” (Nova Scotia Barristers Society magazine “The Society Record” Volume 22, December 2004): article describing involvement in Habitat for Humanity trip to El Salvador and experiences;
  • “Current Trends in P.I. Litigation: SEF 44 revisited” (December 5, 2003); CBA Presentation Paper co-authored with Robert M. Purdy, Q.C.; review of current law dealing with SEF 44 endorsement in automobile insurance policies;
  • “NS Car accident Claimants face ongoing uncertainty” (December 12, 2008 article in “The Lawyers Weekly”); article addressing the judicial 5 year history of the “minor injury” legislation in Nova Scotia and impact of the pending constitutional cases and appeals on the back log of cases;
  • “Jury Trials in Personal Injury Law” (April 2013): CBA Presentation Paper co-authored with Robert K. Dickson Q.C. : addressing various issues involved in deciding whether a jury trial warranted, opening statements and striking a jury notice;
  • “Expert Evidence - Using Expert Evidence to Advance Your Case” (April 2013): CBA presentation Paper co-authored with Robert B. Carter: addressing issues of how best to obtain and use expert evidence in an effective manner; the role of experts under the new civil procedure rules in Nova Scotia;
  • BoyneClarke LLP Articles (Internal distribution and Web Page postings articles):
  • Drafting, formulation and implementation of internal Boyne Clarke Trial Preparation Docket Reminder System to incorporate the new Civil Procedure Rules requirements and time periods and date reminders, including file review procedures, offers to settle, limitation periods, Date Assignment Conference issues, Finish Date issues, expert evidence requirements, witness list s, Notice of evidence documents, trial preparation review lists etc. (2008-2009);
  • “Childhood Sexual Assault claims” (December 6, 2007): general discussion and advice to victims as to law, procedure and issues involved in sexual assault claims, including limitation period issues and identification/proof of damages;
  • “Pre-birth Injuries – Can an unborn child injured in a motor vehicle accident sue a mother for her negligence resulting in damages to the child?” (February 12, 2007): Review of current law regarding claims by unborn children, including review of Dobson (Litigation Guardian of) v. Dobson [1999] 2 S.C.R. 753 (Supreme Court of Canada) decision;
  • Family Physician Medical/Legal Reports: “Minor Injury” and the Twelve Month Medical Report Request (March 28, 2007): article addressing the issues arising out of the Automobile Insurance Tort Recovery Limitation Regulations and “minor injury” proof requirements;
  • “Is Your Motor vehicle injury claim ‘Capped’ at $2,500?” (June 11, 2007); general discussion/explanation of the minor injury legislation and its impact on claimants in the province of Nova Scotia;
  • “Elevator and Escalator Injuries” (June 12, 2007): article discussing case law decisions dealing with liability for elevator/escalator injuries and non-compliance with governments standards for inspection and repair;
  • “Crosswalks and Pedestrian Personal Injury Claims in Nova Scotia” (June 12, 2007): general discussion of the law related to pedestrian claims (inside and outside of crosswalks) including reverse onus provisions, Section 125 of the Motor Vehicle Act, and factors used by courts in determining liability of driver and contributory negligence of pedestrians;
  • “Driver Distraction and Cell Phone Use: Establishing Liability in Motor Vehicle Accidents” (June 18, 2007): article reviewing the problem with cell phone use and case law dealing with cell phone use negligence and liability in motor vehicle collisions;
  • “Limitation Periods” (June 18, 2007): article addressing the various limitation period issues which can arise in personal injury and fatal injury claims, including the 4 year extension provision, discoverability principle, and “person under disability” issues;
  • “Impaired Drivers and Social Host Liability” (December 17, 2008) – analysis of the current law related to social host liability and impaired drivers , including discussion of the SCC decision in Childs v. Desormeaux [2006] S.C..J. No. 18 (Supreme Court of Canada);
  • “Liability Experts” (February 9, 2008): discussion in respect to the retention and use of specialists in proving negligence, including Accident Reconstruction experts and Toxicoloy experts;
  • “School Bus Injuries and Liability” (February 18, 2009) – issues of potential liability for injuries sustained by occupants of school buses, school board liability, and the issue of seat belts on school buses ;
  • “Doctrine of Abuse of process and Prior Criminal Convictions and Civil proof” (June 3, 2009): discussion of the law in respect to admissibility of proof of criminal conviction in civil actions and the doctrine of abuse of process and admissibility of such evidence as conclusive determination of liability;
  • “Commercial Truck and Bus Accidents” (November 2, 2009) –causes, investigations required and liabilioty issues in collisions involving commercial trucks and buses;
  • “Contributory Negligence and Children of Tender Years” (November 24, 2010): general summary of law relating to contributory negligence of children when struck by motor vehicles;
  • “Recent Developments in the Law of Causation - “But For” Test and “Material Contribution to Risk” Rule of Law” (July 5, 2012): article addressed the changes in the law of causation following the decision in Clements v. Clements, 2012 SCC 32 [2012] S.C.J. No. 32 (SCC);
  • “Cap Cases Commentary” (July 24, 2012): Article on all current cases dealing with application and interpretation of the Nova Scotia “Minor injury” legislation, with discussion of specific issues (definitions of “Substantial Interference”, “Regular employment” and “Activities of Daily Living”; “Permanent Serious Disfigurement”; “resolve within 12 months”; “Physical in Nature”;
  • “Do “Minor Injury” Provisions in Nova Scotia apply in an action commenced in another jurisdiction arising out of a NS accident?” (September 18, 2012): Discussion as to the difference between “substantive” and “procedural” law, the law in Tolofsen v. Jensen, [1994] 3 S.C.R. 1022 (SCC) and whether the minor injury provisions are substantive or procedural in nature;
  • “Basics of Date Assignment Conferences” (March 7, 2012) – discussion on the procedures used and issues arising out of DAC hearings, including timelines and expert evidence impact;
  • “New Minor Injury ‘Cap’ Provisions (March 28, 2013): Article addressing the changes made in 2010 pursuant to Automobile Insurance Tort Recovery Limitation Regulation # 94/2010 which significantly changed the “minor injury” rules for injuries sustained in a motor vehicle accident which occurs on or after April 28, 2010;
  • “Discovery Practice Issues – Questions regarding previous Settlements” (September 12, 2012): article addressing the current law in respect to document and discovery disclosure obligations concerning previous settlements of personal injury claims, the doctrine of “Settlement privilege”, the double recovery exception, and the law respecting “divisive” vs. “non-divisive’ injuries to determine relevance;
  • “Doctrine of Spoliation” (January, 2013): article addressing issues that arise when physical evidence (physical, documentary, electronic) is intentionally or negligently or inadvertently destroyed and unavailable at trial; the duty or obligation on a party to obtain or preserve evidence in the possession of a 3rd party and practical steps a party should take to preserve evidence or to ensure that an adverse inference will be drawn in the event of spoliation or to avoid such an adverse inference being drawn against them at trial;
  • “Waiver of Liability Agreements” (March 28, 2013): analysis of current law respecting “Release Agreements” or “ Waiver of Liability Agreements” and discussion of case law decisions and legal principles applicable to drafting such agreements and court determination of effectiveness;
  • “Failure to Report Income on Tax Returns – Court Treatment of Wage Loss Claims” (March 28, 2013): summary of law on court treatment of failure to file income tax returns (service industry workers such as taxi drivers, waiters and waitresses etc.), impact on credibility findings and methods to reduce negative impact of such findings;

 

 

 

 

 

 

Practice Areas
  • Litigation & ADR
Industries
  • Insurance