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Gordon McKee
Partner, Toronto Office
Telephone
416-863-3884
Facsimile
416-863-2653
email
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Profile
Gord McKee is a Partner in the Litigation & Dispute Resolution Group and is certified by The Law Society of Upper Canada as a specialist in civil litigation. For more than 20 years, his practice has been devoted to civil litigation and alternative dispute resolution. Gord focuses on defending class action law suits and serious product liability claims.
Recently, Gord has defended clients in class actions involving pharmaceutical and over-the-counter medicines, medical devices, consumer fraud allegations, environmental contamination, Competition Act matters, conspiracy allegations and retiree benefits. In the product liability area, he has represented multinational manufacturers and distributors of a wide variety of products. He is lead counsel in Ontario and manages litigation nationally for some of the world's largest manufacturers of pharmaceutical medicines, medical devices, consumer goods, automotive parts and heavy equipment.
Gord has extensive expertise in cross-border and multi-jurisdictional issues and cases that involve complex scientific, medical or technical evidence. He is regularly asked to provide proactive advice to corporations on product warnings and recalls, litigation-related media issues and strategies designed to avoid litigation and class action suits.
A representative sample of recent experience includes:
- Lead counsel in Ontario defending one of the world's leading manufacturers of life-saving cardiac devices in a national class action claiming more than a billion dollars in damages, alleging negligent design, manufacture and warning; also, Canadian national counsel managing related class actions in British Columbia and Quebec
- Lead counsel in Ontario defending product liability class actions claiming millions and, in some cases, hundreds of millions of dollars against multinational manufacturers of pharmaceutical and over-the-counter medicines, including gastro-intestinal medicines, contraceptive products and antipsychotic medications; also, Canadian national counsel managing individual claims and class actions in other provinces
- Lead trial counsel defending one of the world's leading manufactures of fire protection systems in some 20 claims and cross claims resulting from a large factory fire, including a product liability/environmental class action claiming C$80-million in damages; the class action was settled mid-trial, and subrogation claims against the Firm's client were dismissed following an eight-week trial
- Lead counsel for a multinational corporation in a class action arising out of changes to a retiree benefits program
- Co-counsel in Competition Act (antitrust) and price-fixing conspiracy class actions
- Lead counsel for a number of multinational manufacturers regularly defending serious injury and economic loss claims brought against them in Ontario and other provinces in Canada
Gord is recognized as a leading Canadian lawyer by Law Business Research's The International Who's Who of Product Liability Defence Lawyers 2009, which states, "McKee received more nominations than any other Canadian lawyer. With experience in the pharmaceutical and medical device, automobile and consumer products industries he is formidably talented, both in the courtroom and in relation to product warnings and recalls." Gord is also consistently recognized as a leading lawyer in other directories, including Chambers Global: The World's Leading Lawyers for Business 2010 (Dispute resolution: Class Action)," The 2010 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, The 2009 Lexpert Guide to Leading US/Canada Cross-border Litigation Lawyers in Canada, Legal Media Group's Guide to the World's Leading Product Liability Lawyers, The Canadian Lexpert Legal Directory - class action and product liability litigation, PLC Cross-border Life Sciences Handbook - highly recommended in product liability, and The Best Lawyers in Canada.
Gord has been invited to speak domestically and internationally at numerous professional and industry conferences on the subject of class actions, product liability and other litigation issues. He was for many years the editor-in-chief of the Federated Press Class Action Journal and has published articles in various professional publications. For many years, he has been a guest lecturer/trial judge at the Osgoode Hall Law School intensive trial advocacy program.
Gord is a member of The Advocates' Society, the International Association of Defence Counsel (vice-chair of international for the Drug, Device and Biotech Committee, vice-chair of journal for the International Committee), the Defence Research Institute (Steering Committee member and International Practice Subcommittee chair of the Drug and Medical Device Committee) and Canadian Defence Lawyers.
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Areas of Law
Litigation & Dispute Resolution
Class Actions
Product Liability
Life Sciences
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Education
Certified by The Law Society of Upper Canada as a Specialist in Civil Litigation - 1998
LL.M., Osgoode Hall Law School (Civil Litigation & Dispute Resolution) - 1998
Admitted to the Ontario Bar - 1988
LL.B., Osgoode Hall Law School - 1986
Wilfred Laurier University - 1981-1983
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Media Appearances
Mentioned -
"CBA Launches National Class Actions Task Force",
Identified as a member of the Task Force in a Press Release issued February 13, 2010.
 Quoted -
"Product Liability Marketplace Analysis",
Who's Who Legal Product Liability Defence 2009.
 Quoted -
"Cross-border Litigation on the Upswing",
The Lawyers Weekly, p. 20, Toronto, Ontario, January 30, 2009.
 Quoted -
"Year In Review: Are Corporate Defendants Winning the Class Actions Fight?",
The Lawyers Weekly, P. YR2, December 22, 2006.
 Quoted -
"Canadian Court Decisions May Cut Costs, Class Actions; Companies Gain More Protection Against Liability Exposures",
Business Insurance (New York), October 30, 2006.
 Quoted -
"High Court Makes Winners Pick Up the Tip",
The Globe & Mail, P. B10, October 18, 2006.
 Profiled -
"In the Spotlight",
International Association of Defence Counsel Drug, Device & Biotech Litigation Committee, June 29, 2006.
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Recent Publications
Co-author -
"Are National Class Actions Constitutional?",
National Journal of Constitutional Law, Vol. 26, pp. 279-292.
 Co-author -
"The Evolving Landscape for Pharmaceutical Product Liability Litigation in Canada",
Defense Counsel Journal, Vol. 73, No. 3, p. 242, July 2006; republished in Australian Product Liability Reporter, Vol. 17 and 18, 2007; updated version published at American Conference Institute's 13th Annual Drug and Medical Device Litigation Program, December 2008.
 Co-author -
"The Test for Causation in Canada: But For, But... Maybe Not",
IADC Defense Counsel Journal, Vol. 75, No. 4, p. 378, October 2008; reprinted in Australian Product Liability Reporter, Vol. 19, No. 7-8, p. 102, December 2008.
 Co-author -
"The Future of Class Actions in Canada - Added Complexity and Costs for Corporate Defendants",
Inside Counsel, September 2008.
 Co-author - "The Future of Class Actions in Canada: Added Complexity and Costs for Corporate Defendants",
Blakes Bulletin on Class Actions, August 2008.
 Co-author -
"Mass Tort Litigation: Staying Ahead of an Increasingly Co-ordinated International Plaintiffs Bar",
In-house Lawyer Magazine, June 2008.
 Co-author - "Canada",
Chapter, Product Liability Cases and the Duty to Warn: A 50 State Compendium, DRI, 2007.
 Co-author -
"Notice to Class Members: How Much Is Required",
Presented at 4th Annual Symposium on Class Actions, Osgoode Professional Development, Toronto, Ontario, April 27, 2007.
 Co-author -
"Enforcing Non-Mandatory Orders of Foreign Courts in Canada",
IADC International Committee Newsletter, No. 5, January 2007.
 Author -
"Supreme Court of Canada Rules Against Premium Costs Awards",
For The Defence , p. 57, November 2006.
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Recent Professional Activities
Panel Moderator or Speaker -
"Annual Symposia on Class Actions",
Osgoode Professional Development, Toronto, Ontario, 2005-2009.
 Trial Judge/Guest Instructor -
"Intensive Trial Advocacy Program",
Osgoode Hall Law School, Toronto, Ontario, 2005, 2007, 2008 and 2009.
 Speaker -
"Panels on Ethical Questions Concerning Class Actions ("Communicating with Class in Canada") and Multi-jurisdictional Class Actions ("Enforceability of National Class Action Judgments")",
Recours Collectif: developpements recents au Quebec, au Canada, aux Etats-Unis et en Europe, Barreau du Quebec, Montreal, Quebec, October 29-30, 2009.
 Moderator and Panellist -
"The Evolving Global Landscape for Pharmaceutical and Medical Device Litigation",
DRI Drug and Medical Device Seminar, New York, May 14, 2009.
 Speaker -
"Anticipating the Proliferation of Mass Tort Litigation Outside the US: International Class Action and Product Liability Litigation Trends",
13th Annual Drug and Medical Device Litigation Conference, American Conference Institute, New York, December 11, 2008; related paper, "Mass Tort Pharmaceutical and Medical Device Product Liability Litigation in Canada: Revisited".
 Co-chair -
"9th Annual National Forum on Class Actions Litigation",
The Canadian Institute, Toronto, Ontario, September 22-23, 2008.
 Co-chair -
"Product Liability and Recalls Program",
The Canadian Institute, Toronto, Ontario, May 29-30, 2008.
 Speaker -
"Coordinating Multi-Jurisdiction Mass Tort and Class Action Litigation",
Mass Torts and Class Actions Specialized Litigation Group Workshop, DRI Product Liability Conference, Phoenix, Arizona, February 8, 2008.
 Speaker -
"Consumer Protection and Disgorgement Class Actions in Canada",
DRI Drug & Medical Device Committee Teleconference - Global Considerations in Defending Pharmaceutical and Medical Device Manufacturers, November 1, 2007.
 Local Chair -
"International Association of Defence Counsel",
Toronto Regional Meetings, September 2005 and October, 2007.
 Speaker -
"Medical Devices Legal Hot Topics: Litigation in Canada vs. in the US",
MEDEC Legal & Regulatory Conference, Toronto, Ontario, October 25, 2007.
 Speaker & Panellist -
"Establishing a Reasonable Alternative to a Class Action",
The Conference Board of Canada's Class Action Forum: Pre-Emptive Business and Legal Strategies, Toronto, Ontario, October 2-3, 2007.
 Speaker -
"Product Liability Litigation",
Legal Issues in the Pharmaceutical Industry: Recent Developments, Pharmaceutical Sciences Group, Toronto, Ontario, January 31, 2007.
 Speaker -
"Top 10 List: Canada Class Actions Impact U.S. Companies",
Network of Trial Law Firms Litigation Management Supercourse, West Palm Beach, Florida, November 3, 2006 (podcast at www.trial.com/podcasts/index.html).

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