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John A. McKiggan

Partner
jmckiggan@apmlawyers.com
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Phone: (902) 423-2050
Fax: (902) 423-6707

306-5670 Spring Garden Road
Halifax, Nova Scotia B3J 1H6

John practices exclusively in the areas of personal injury law, medical malpractice and institutional liability. He has a special interest in representing victims in civil claims for childhood sexual abuse.

John currently represents over 500 former residents of the Shubenacadie Indian Residential School in a claim for compensation for childhood physical, sexual and racial abuse and loss of cultural identity.

He sits on the steering committee of the National Class Action, Baxter vs. Canada - a claim brought on behalf of 70,000 aboriginal children across Canada.

John is class counsel in Martin v Lahey the first class action under Nova Scotia’s Class Proceedings Act, a $15 million dollar class action claim against the Roman Catholic Diocese of Antigonish for compensation for survivors of sexual abuse by priests of the Diocese.

John has successfully argued cases before the Nova Scotia Supreme Court, the Nova Scotia Court of Appeal and various administrative tribunals including the Ontario Criminal Injuries Compensation Board.

John was recently elected as the incoming President of the Atlantic Provinces Trial Lawyers Association.

John has written and lectured extensively throughout the world about personal injury claims, sexual abuse claims, medical malpractice, class actions and institutional liability.

Recent Lectures, Articles, Publications and Presentations:

2010    Top 10 Canadian Class Actions Decisions of the Past Year
            Osgoode Hall National Symposium on Class Actions

2010    Class Actions as a Tool to Resolve Sexual Abuse Claims
            The Canadian Institute, Toronto

2010    “Is it Safe to say You’re Sorry?” A review of apology legislation
             The Canadian Institute, Toronto

2009    Class Proceedings in the Maritimes
            Atlantic Provinces Trial Lawyers Association

2009     The Ins and Outs of Nova Scotia’s Class Action Legislation.
             The Canadian Institute, Toronto

2009    Does the Cap Fit? Nova Scotia’s Minor Injury Cap:    
            Canadian Insurance Magazine

2008    Class Action Litigation, Atlantic Canadian Update.
            The Canadian Institute, Toronto

2008     Diagnostic AMF: The Altered Medical File Syndrome.
             Atlantic Provinces Trial Lawyers Association
    
2008    Playing at the National Stage: Pitfalls and Success.
            Nova Scotia Barrister’s Society Class Action Conference

2008     The Fully Monty: How to Safe Guard your Client’s Privacy.
             Atlantic Provinces Trial Lawyers Association

2007    Using the Courts to Address Historical Wrongs.
            International Bar Association Annual Conference: Singapore

2006    Chair Atlantic Provinces Trial Lawyers Association:
            Experts: From Retainer to Trial

2006    Co-Chair Atlantic Province Trial Lawyers Association:
            Brain Injury Litigation

2006    Shielding the Plaintiff’s File: Protecting Privileged Documents
            Atlantic Provinces Trial Lawyers Association

2006    If the Cap Fits: Strategies for Representing Injured Victims.
            C.B.A. Annual Professional Development Conference

2003    Representative Proceedings the Trend to Statutory Class Actions
                   
2003    Screening the Medical Malpractice Case: Practical Considerations,
            Atlantic Provinces Trial Lawyers Association

2001    Mediation and Alternative Dispute Resolution: Plaintiff’s Perspective.            
            The Canadian Institute: Institutional Liability for Sexual Assault and Abuse

1999    Recent Developments in Vicarious Liability for Sexual Abuse,
            C.B.A. Annual Professional Development Conference

1997    The Challenge of Representing Multiple Plaintiffs: 
           C.B.A.: The Well Functioning Tribunal  


Education

LLB, Dalhousie University, 1989

B.Sc., Dalhousie University, 1986

Jurisdictions Admitted to Practice

Nova Scotia
New Brunswick

Professional & Bar Association Memberships

Nova Scotia Barristers Society
Member Since: 1990

Atlantic Provinces Trial Lawyers Association
Member Since: 2000

Canadian Bar Association
Member Since: 1990

American Association for Justice
Member Since: 2005

Featured Cases and Matters

Martin v. Lahey

John represented Ronald Martin in a claim against the Roman Catholic Diocese of Antigonish for compensation for survivors of sexual abuse by priests of the Diocese. The claim was the first class action filed in Nova Scotia and the first successful class action against the Roman Catholic Church.

The class action, worth in excess of $15 million dollars, allows survivors of sexual abuse by priests to have their claims validated and paid in a respectful and confidential process.

Bernard v. Canada

A representative class action filed by Nora Bernard against Canada on behalf of former residents of the Shubenacadie Indian Residential School. This was the first class action filed against Canada regarding residential schools and first class action to seek compensation for loss of language and culture.

John was part of the steering committee that negoatiated the resolution of the $5 billion dollar  National Indian Residential Schools class action settlement for 70,000 survivors of Residential schools across Canada.

Paul v. Mahmoud et al

Medical malpractice claim filed on behalf of Davey Aaron Paul against Dr. A. Mahmoud, Dr. A. Joshi and the G.L. Dumont Hospital. Davey, a 3 ½ year old child, suffered brain damage while having his cavities filled at the G.L. Dumont Hospital.

The New Brunswick Court of Queen’s bench approved an infant settlement of $2,880,000.00

Articles

IF THE CAP FITS...Strategies for Representing Injured Victims Under The New Tort Regime.

Canadian Bar Association Professional Development conference January 2006