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About Law Cap: Your Source for Legal Insights

Illustration of a man confronting a giant fist labeled with social issues, symbolizing law enforcement.

Who am I?

 

About The Primary Editor

Mr. Kevin Alexander McLean (B.A. (MCL), J.D., CIM) (he/him)

Welcome to the official website and legal blog of Mr. Kevin A. McLean.

Mr. McLean possesses a unique and highly specialized educational foundation that merges advanced legal knowledge, financial certification, and behavioral psychology. This interdisciplina

 

About The Primary Editor

Mr. Kevin Alexander McLean (B.A. (MCL), J.D., CIM) (he/him)

Welcome to the official website and legal blog of Mr. Kevin A. McLean.

Mr. McLean possesses a unique and highly specialized educational foundation that merges advanced legal knowledge, financial certification, and behavioral psychology. This interdisciplinary skill set—comprising a Juris Doctor, a Chartered Investment Manager (CIM) designation, and a BA in Psychology (Magna Cum Laude)—provides him with profound insight into institutional compliance, regulatory failure, systemic fraud schemes, and complex litigation strategy. This unique confluence of expertise is fundamental to addressing forensic, regulatory, and complex financial issues, allowing Mr. McLean to effectively navigate novel and technically difficult legal terrain at a level commensurate with senior practitioners in highly specialized fields. It empowers a deep understanding of the intricacies of institutional governance, financial responsibility, and the procedural mechanisms necessary to combat systemic overreach.

Education and Professional Qualifications

  • Juris Doctor (J.D.) – University of Windsor Faculty of Law. Ranked in the top ten of the first-year class; achieved highest grades in Constitutional Law (first year) and Securities Law (third year).
  • Chartered Investment Manager (CIM) – Canadian Securities Institute. This advanced financial certification grants deep insight into institutional compliance, regulatory frameworks, and advanced securities analysis.
  • Bachelor of Arts in Psychology (Magna Cum Laude) – The Ohio State University, USA. This foundation is essential for the analysis of institutional bias, pattern recognition, and behavioral profiling in litigation.
  • Professional Status: Former Barrister and Solicitor with the (now disbanded) Law Society of British Columbia. Currently a Lawyer licensee candidate with the Law Society of Ontario ("LSO") and the Barbados Bar Association ("BBA").

Unprecedented Litigation History & Public Interest Advocacy

Mr. McLean has a documented history of successfully navigating novel and technically difficult legal terrain at a level commensurate with senior practitioners, spanning multiple provincial jurisdictions, levels of court, and appellate bodies. His work consistently demonstrates an ability to isolate and prevail upon core legal and factual issues under intense judicial scrutiny, showcasing advanced trial strategy and complex cross-examination skills.

Public Interest and Regulatory Litigation

Mr. McLean is the first individual in Canadian history to successfully defeat a professional and regulatory association/body in a final judgment concerning the breach of Charter rights of both members and their clientele in public interest issues.

Acting on his own behalf, Mr. McLean achieved consequential and unprecedented Charter decision victories, culminating in the successful defeat of the Attorney General of British Columbia at the Court of Appeal (McLean v. Attorney General of British Columbia, 2019 BCCA 133). This landmark history involved Mr. McLean's forensic discovery of a fraudulently withheld criminal RAM dump of a computer by investigators and legal counsel, which had been deliberately concealed across multiple levels of proceedings (including the OIPC, LSBC, BCSC, BCCA, and the Supreme Court of Canada). This forensic and legal success directly contributed to a major legislative amendment in 2024, resulting in the institutional winding down of the Law Society of British Columbia. The substantive changes enacted within the new statute were directly aligned with the relief originally sought by Mr. McLean, validating his initial legal position—a phenomenon consistent with the principles articulated by the late Professor Peter Hogg regarding the defense of repealed legislation. The depth and complexity of this regulatory and constitutional experience provide direct and compelling context for addressing analogous issues of institutional misconduct and the denial of access to justice.

(See also: McLean v. Law Society of British Columbia, 2015 BCSC 661; 2015 BCSC 1431; 2015 BCSC 1972; 2017 BCSC 987; Law Society of British Columbia (Re), 2018 BCIPC 37).

Administrative Tribunal Expertise (Ontario and British Columbia)

Mr. McLean has demonstrated repeated success in a variety of tribunal hearings. Most recently in Ontario, he secured unprecedented victories in the insurance field (SABS context) over three different insurance companies for the "TD Insurance Group" (Decisions of the License Appeal Tribunal/AABS, June & July 2024).

His expertise includes the attainment of the first-ever order from the LAT mandating a change of insurance companies involving a fictitious respondent, and the highly effective utilization of procedural mechanisms leading to successful document production orders. This demonstrates procedural mastery and the strategic application of administrative law to compel necessary disclosure, highlighting his success against institutional opponents using novel legal strategies.

Complex Fraud, Securities, and Trial Litigation

Mr. McLean has an impressive track record in complex commercial litigation, domestic and international arbitrations, and binding dispute resolution environments. This substantial experience is critical for comprehending the intricate contractual, commercial, and financial complexities inherent in the insurance industry, international reinsurance, and regulatory compliance. Notable case history includes:

  • Hampton Park Holdings Inc. v. Kim, Yoo et al (2014 BC Supreme Court): The first success in BC history to secure a $20 million dollar real estate share purchase deal on summary judgment, including the successful defeat of an attempted appeal. This demonstrates profound mastery of civil procedure, high-value litigation risk assessment, forensic financial due diligence, and the capacity to resolve complex financial transactions efficiently and decisively.
  • Jacobs v. Yehia, 2014 BCSC 845: Extensive 16-day trial counsel work where the defendant prevailed on 12 of the 13 advanced issues in a claim of an approximate magnitude of $50 million.
  • Mann v. Stevenson, 2013 BCSC 2341: Successful management of Complex Securities Litigation, requiring specialized knowledge of financial regulations, securities trading, and disclosure requirements.
  • 6180 Fraser Holdings Inc. v Ali, 2012 BCSC 247: Successful execution of urgent court procedures, specifically Interim and Injunctive Relief in complex real estate matters, essential for protecting rights pending final determination.

Athletic Distinctions

Beyond his legal and academic pursuits, Mr. McLean is an accomplished athlete. He was a four-year letter winner for the Men's Varsity Tennis Team at The Ohio State University, achieving a top 75 individual ranking in NCAA Division 1 (2005). He also holds the longstanding and unbroken Canadian Bar Association record in the 5 km running race with a time of 15:05.

Contact Information

Mailing Address:

720 King Street West

Toronto, Ontario

Phone: 647.370.9354

Professional Email: editorial@lawcap.ca


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