McKim, John E.

  Halifax Regional Municipality, Nova Scotia, Canada
 +1 902 460 3461
 +1 902 463 7500
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John is a member of the Personal Injury team practicing in the areas of personal injury litigation, commercial litigation and Insurance litigation.  He has extensive experience involving motor vehicle insurance and fire insurance issues and has acted as representation for multiple insurers.

For the past 25 years, the focal point of John’s practice has been legal research and writing.  He provides opinions, issues assessments, prepares legal briefs, memorandums and factums.  John has significant research experience in insurance litigation issues, in particular with respect to auto insurance issues as well as homeowner policies and CGL claims.     

John is a member of the Canadian Bar Association and the Nova Scotia Barristers Society.  He has written many educational articles on various legal issues primarily in the fields of personal injury and insurance law.

In his leisure time, John enjoys singing, golf, sea kayaking (constructionpaddling), fishing, guitar, and more golf.  


  • 1990: Admission – Nova Scotia Bar
  • 1985: Admission - Ontario Bar
  • 1980 – 1983: LL.B., Dalhousie University Law School, Halifax, Nova Scotia
  • 1978: Bachelor of Education (Secondary Education), St. Francis Xavier University, Antigonish, Nova Scotia
  • 1977: Bachelor of Arts (Political Science), St. Francis Xavier University, Antigonish, Nova Scotia


  • Present: Senior Associate Lawyer (Litigation), BOYNECLARKE LLP, Dartmouth, Nova Scotia
  • 1990 – 2006: Associate Staff Lawyer (Insurance Litigation), Patterson Law, Truro, Nova Scotia
  • 1985 – 1990: Associate, Fennell, Rudden, Campbell, Stevenson, Cornwall, Ontario
  • 1978 – 1980: Teacher, Grade 12 - Cobequid Educational Centre, Truro, Nova Scotia


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


  • Past 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 –Fundraising 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. (Firefighter/First Responder)
  • Editor, WriterLay Out Designer, “Gatherings”, Parish Newsletter (Quarterly)
  • Truro Centurion Swim Club Personnel Committee Chair (past)
  • Colchester Residential Services Society Board Member/Vice Chair (past)
  • Mountain Golf Course, Member (current)


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



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 liability 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;