B. Admin., L.L.B
Kevin McGuigan has been a lawyer since being called to the Bar in July of 1992 at the Alberta Court of Appeal. In that time, he has run hundreds of trials. He started out in the criminal, civil and family areas of law, conducting a large number of trials at the outset of his career. Kevin benefitted from having worked with the Federal Crown agent in Alberta and had early experience with some complex criminal cases related to drug prosecutions. Kevin also spent a few years working on the criminal defence side of law. This enabled Kevin to develop the skills and experience he now relies upon to conduct trials for clients when necessary. Kevin tries to steer his clients toward resolution of their disputes.
Kevin is most proud of the files he has helped resolve outside the formalized legal process. Kevin recognizes that litigation often results in a judgment that is not necessarily practical for either side. And Kevin recognizes that a trial is a last resort. And in such cases, Kevin has appeared before all sorts of administrative tribunals, and levels of court up to the Supreme Court of Canada. This includes appearances and trials in the various western provinces.
In recent years, Kevin is one of the few successful lawyers in the area of class action lawsuits related to lawsuits involving investor losses in exempt market investments. Kevin was successful as Plaintiff counsel in litigation involving the Platinum Equities and Strategic entities. That certification was appealed, and upheld, despite the attempts of multiple appellant counsel to overturn it. Kevin continues to advance the Platinum litigation and has been successful in getting a number of orders related to forcing the Defendants to produce records that they were resistant to producing.
Kevin has also recently been successful in settling a number of class actions through negotiated settlement with opposing counsel. At this time, Kevin is currently overseeing the successful resolution of some class suits that were certified and are now in the stage of attempting to crystalize value for investors. This includes Lakehouse and Keystone Business Park.
In many years of practice, Kevin is pleased to note that some of the work he has done has had impact on the development of various areas of law. For example, dealing with privilege waiver issues, and usage of Notices to Admit, in various types of claims.
Kevin handles employment claims, professional negligence complaints and complex litigation files, from the perspective of both plaintiffs and defendants. Kevin is also prepared to deal with class action issues and lawsuits, from both perspectives.
In many cases, Kevin comes in as second or even third legal counsel, when clients are not able to resolve matters with their current counsel. Kevin is quite proud of his success rate in helping these clients find the right focus, and issues, in order to resolve their claims. Kevin has had the opportunity to litigate a vast number of issues, from quarry mining disputes on Crown lands, to oil contamination issues, and investor loss litigation that involved the FBI and an undercover sting in the United States.
Kevin has been successful in qualifying experts in some new and novel ways, including treating expert evidence in trial and usage of experts in quantifying loss in complex litigation claims.
Kevin has been involved for a number of years with the CPLED program in Alberta and has assisted with the Negotiations Course.
Kevin has an undergraduate degree in commerce, which provides him with the background and strength to litigate complex commercial claims.
Active in the community, Kevin has been involved with the Kinsmen Club of Calgary, and is currently involved with Lodge Renfrew, he is a member of the Al Azhar Shrine Temple of Calgary and Kevin has been general counsel for the Al Azhar Shrine Temple since 2003. Kevin also enjoys sports, and spending time with his family.
Kevin’s more significant recent courtroom experience:
· The successful negotiated settlements and certification of legal claims related to CBI Property Income Corp., Lakehouse, Venu, and Keystone Business Park. These involve several thousand investors and these resolutions are some of the few successful claims in this area.
· The successful certification of Staratt et al. Mamdani, Platinum Equities et al., in the face of multiple counsel from large national firms opposing the application. This action is an attempt to protect the equity of thousands of investors that equate to losses of hundreds of millions of dollars.
· The successful negotiation of a settlement in 1575993 Alberta Inc. v. Axcess Capital Partners Inc.