John E. McKim

(902) 460-3461 (902) 463-7500 jmckim@boyneclarke.ca
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Assistant
Michelle Flick
mflick@boyneclarke.ca
"Achieving excellence and success in litigation is simply a by-product of hard work, attention to detail, proper preparation and the learned ability to communicate effectively and persuasively. Without those professional characteristics in a legal representative, the client is not well-served nor effectively represented, no matter what the issue or claim. My personal daily goal in my practice is to strive for and achieve excellence for every client in every claim, no matter what the difficulties or challenges are."

About John

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 provided legal 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 Commercial General Liability (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 (construction/paddling), fishing, guitar, and more golf.

Areas of Practice

John's Background

Education
  • 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
Employment
  • 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, Fennel, Rudden, Campbell, Stevenson, Cornwall, Ontario
  • 1978 - 1980 - Teacher, Grade 12 - Cobequid Educational Centre, Truro, Nova Scotia
Professional Memberships
  • Member - Nova Scotia Barristers' Society
  • Member - Canadian Bar Association
  • Member - Colchester County Barristers' Society
Community Activities
  • Board Member - Skinners Cove Community Development Association
  • Board Member - Cantabile Boys Choir
  • Editor, Writer/Layout Designer, "Gatherings", Parish Newsletter (quarterly)
  • Hub Basketball Association (Truro) coach and former Board Chair; Basketball Coach (Redcliff Middle School Grade 5-6 boys team)
  • Mountain Golf Course, Member
  • Past Involvement with Spotlight Musical Theatre (Guest actor as "Pharoh/Elivs" in " Joseph and the Amazing Technicoloured Dreamcoat" production; stage construction assistance)
  • Past Member - Truro Cantabile Singers (Baritone/Bass)
  • Truro Music Festival - Fundraising Chair (past Board Member)
  • Past Chair and Secretary - Immaculate Conception Parish Council
  • Past Member - Valley-Kemptown Volunteer Fire Department (FIrefighter/First Responder)
  • Past Committee Chair Truro Centurion Swim Club Personnel
  • Past Board Member and Vice Chair- Colchester Residential Services Society
Publications
  • “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
  • “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;
  • “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;
  • “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;
  • “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;
  • “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;
  • “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”;
  • “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);
  • “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;
  • BoyneClarke LLP Articles (Internal distribution and Web Page postings articles):
  • “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;