Partner
OFFICE: Edmonton
DIRECT LINE: 780.482.9241
EMAIL: dmcgarvey@mross.com
PRACTICE AREAS:
Litigation
Professional Liability
Class Actions
INDUSTRY GROUPS:
Construction
Insurance & Risk Management
LAW SCHOOL: University of Alberta
BAR ADMISSIONS: Alberta (1988)
Assistant: Cheryl Edl
Assistant Phone: 780.482.9268
Assistant Email: cedl@mross.com
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Don’s reputation is built upon his extensive commercial litigation practice which includes class actions, professional liability claims, products liability claims, contract disputes, directors’ and officers’ liability claims and fraud & fidelity claims.
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.
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Within the professional errors and 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.
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.
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.
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.
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.
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