R. Nairn Waterman Partner Toronto Tel : 416.307.4024 Fax : 416.304.3759 Email : nairn.waterman@mcmillan.ca VCard :

Professional Activities

• Partner as of 1975.
• Member of the firm's Litigation Group.
• Senior litigator with more than 30 years of experience.
• Cases in Ontario, Nova Scotia, Alberta, British Columbia and Northwest Territories.
• Commercial litigation experience in the areas of contract, negligence, insurance, construction, securities, directors, shareholders and environmental claims and administrative proceedings.

General practice in contract, tort (particularly professional negligence), environmental torts, construction, products liability, directors and officers liability, and insurance includes:

• Acting for and against governments including in relation to securities, hospitals, agriculture, environment, co-operative housing, airports, land claims and workplace safety.
• Defending Directors in claims by shareholders and creditors and related D&O insurance claims.
• Defending professional accountants/consultants in negligence claims.
• Defending manufacturers in product liability claims and related insurance issues.
• Defending retailers and insurers in claims under distribution arrangements.
• Defending mining companies in environmental and regulatory claims.
• Defending civil, regulatory and criminal securities claims and administrative proceedings relating to the sale and trading in shares.
• Special counsel to Ontario Securities Commission in respect to administrative proceedings against Gordon Capital and others.
• Lead counsel on the Doctors Hospital, administrative challenge and Co-operative Housing Federation contract claim.
• Counsel for applicants and respondents before the Ontario Securities Commission in various precedent cases relating to takeovers, mergers and acquisitions.
• Lead counsel on behalf of 220 families of victims of Air India crash against airlines and federal, provincial and municipal agencies responsible for security.
• Lead counsel for several dozen lien claimants against province and various contractors in connection with construction of Hamilton Secondary Sewage Treatment Plant.
• Opinions on enforceability of Government contracts relating to obligations to pay and in connection with billing and payment procedures for Federal government contracts.
• Advice on comprehensive general liability, errors & omissions, directors & officers policies, agents and regulatory issues.
• Represents insurers in claims relating to their business, including relationships with their agents, income tax and agencies.

• Seminars and consultation for Ontario Securities Commission on administrative procedures, disclosure and evidence.
• Lecturer at Conference of Boards and Agencies (COBA) and Society of Ontario Adjudicators and Regulators (SOAR) on evidence before tribunals.
• Opinions on the constitutional implications of Ontario Bill 26 for various clients in Mining and Health Care fields.

September 13, 2010 Lawyers Serving as Directors Get Less Coverage Despite Extra Premium Co-Author, Law Times

Fall 2010 Compliance Databases and the Issue of Privilege Co-authored: Frank Palmay and R. Nairn Waterman Corporate Insurance Brief Fall 2010

May 12, 2010 to May 14, 2010 Compliance program: In-house counsel and solicitor-client privilege Panelist, 2010 CLHIA Compliance & Consumer Complaints Conference

May 2010 Confidential Investigations and Litigation Privilege Co-authored: Frank Palmay and R. Nairn Waterman International Law Office