Real Estate Development

PETER JOHN MACKEIGAN, Q.C.

Chartered Mediator / Chartered Arbitrator

MacKeigan and Associates Limited

Unit #3, Suite 437

*** ******** ******

Dartmouth, NS B2W 6C4

Phone: 902-***-****

Fax: 902-***-****

www.mackeigan.ca

***@*********.**

EDUCATION

Bachelor of Commerce, Dalhousie University

Dalhousie University Schulich School of Law, LLB

Certificate in Environmental Management, DalTech

Certificate in Negotiation and Conflict Management, Dalhousie University Schulich

School of Law and Henson College

Advanced mediation training over a period from 1995 to the present with courses

endorsed by the ADR Atlantic Institute as well as advanced training with the

International Academy of Mediators in Toronto, Lo s Angeles (Pepperdine University),

Atlanta, New York, Boston (Harvard), Salt Lake City, Austin and the SDRCC in

Montreal and the American Bar Association, Dispute Resolution Section, in Atlanta and

New York

MEMBERSHIPS and ACCOMPLISHMENTS

Admitted to the Nova Scotia Bar in 1973and designated a Queens Counsel in 1992

Awarded an AV rating in Martindale-Hubbell

Listed previously in the Canadian Legal LEXPERT Directory as a leading practitioner in

Nova Scotia in Property Leasing and Property Development .

ADR Institute of Canada, Inc. and designated as a Chartered Mediator and Chartered

Arbitrator)

ADR Atlantic Institute (Past Director and former member of Mediation Accreditation

Committee);

International Academy of Mediators as a Distinguished Fellow

American Bar Association, Dispute Resolution Section

Canadian Bar Association, Nova Scotia Division (President 2002 -2003)

Nova Scotia Barristers Society (Director 2002-2003)

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Past Director of the Nova Scotia Barristers' Liability Fund and the Continuing Legal

Education Society of Nova Scotia for Lawyers

Past Chair of the Credentials Committee for the Civil Mediation Roster which is a joint

effort of the Nova Scotia Barristers Society, the Department of Justice and members of

the mediation community with the support of the Supreme Court of Nova Scotia

Served for a 10 year term as Chief Commissioner of the Nova Scotia Liquor Commission

Past President and Director of the Canadian Association of Liquor Jurisdictions.

Legal advisor to the former Provincial Task Force on Dental Care in the Province of

Nova Scotia

Past Director of the Denturist Licensing Board of Nova Scotia

Past Secretary to the Halifax Waterfront Development Corporation

Past Chief Legal Counsel to the Halifax Port Corporation

Founding member of the Rotary Club of Dartmouth East

Past Director of the Cancer Treatment and Research Foundation of Nova Scotia with

particular responsibility for chairing the Selection Committee and in advocating and

pursuing a Central Registry S ystem

Past Director of the Dartmouth YMCA

Capital Campaign Co -Chairman to raise funding for Cole Harbour Place (a community

recreation and cultural centre)

Past Honourary Legal Advisor and First Vice President of the Canadian Cancer Society,

Nova Scotia Division

Past member of the Part Time Faculty at Dalhousie Law School lecturing in Dispute

Resolution and a guest lecturer in Dispute Resolution at numerous educational

institutions, Nova Scotia Bar Admission Course, various Continuing Legal Education

Seminars for lawyers and professional associations

Member of the Editorial Review Board for the Journal of Arbitration and Mediation of

the University of Sherbrooke's Faculty of Law and Dalhousie University Schulich School

of Law

EXPERIENCE

After his graduation in 1973 Peter practiced with the Halifax law firm Daley Black and

Moreira. Beginning in 1995 his practice shifted to acting as an independent full time

commercial and labour arbitrator and mediator. To avoid conflicts inherent in a large law

firm he left his law practice in 2000 to continue as MacKeigan and Associates Ltd. He

has over 14,000 hours in the arbitrator and mediator roles and has served on the roster,

either as an arbitrator or mediator or has performed arbitrations or mediations at the

request of the Nova Scotia Department of Labour and Environment, the Nova Scotia

Department of Justice for Compensation for Survivors of Institutional Abuse, Canadian

Transportation Agency, Centre for Sport & Law, Sport Dispute Resolution Centre of

Canada (SDRCC), Farm Debt Mediat ion Service (Agriculture & Agri-Food Canada),

Public Works & Government Services Canada, Portfolio Management Association of

Canada and the Registrar of Condominiums. He serves as Chair of the Sable Offshore

Energy Project Commercial Fisheries Gear & Vesse l Damage Compensation Board.

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Experience in all levels of courts in the Province of Nova Scotia and before many

administrative and tribunal bodies including the Nova Scotia Utility and Review Board,

Labour Relations Board, Labour Standards Tribunal, Liqu or Licensing Board, Residential

Tenancy Board, Nova Scotia Environmental Assessment Board, Nova Scotia Law

Amendments Committee and Real Estate Tax Assessment Appeal Boards. Presentations

made to committees of the Nova Scotia Legislature and the Governor in Council and

presentations before municipal councils relating to Municipal Development Plans, zoning

by-laws, planned unit developments, change in use applications and other matters

involving analysis and interpretation of municipal legislation and by-laws. Acted for the

Attorney General of Canada for purposes of prosecution under the Competition Act.

Had a substantial real estate practice and has provided a full range of commercial real

estate services. He has worked with surveyors, contractors, lenders and other

professionals and has assisted with a spectrum of commercial projects including

commercial industrial developments, office buildings, shopping centre developments,

condominiums, and various complex financings. He has provided advice and

representation on project developments including matters of contract, acquisition of

property rights, statutory liens, easements and right of ways. His services have included

matters relating to development contracts, municipal development plans, zoning by-laws,

planned unit developments, change in use applications, lot consolidation and subdivision

applications, land acquisition, development and building permit applications.

Represented major development and real estate firms and provided advice and

representation on project development generally, including matters of contract,

acquisition of property rights, statutory liens, easements and rights-of-way. Acts on a

regular basis for many financial lending institutions and frequently place various types of

security instruments including debentures, bonds and mortgages. He has generally,

providing legal services required on related matters including the following types;

conveyancing, representing both vendors and purchasers, mortgage lending and

borrowing, commercial, commercial and residential leasing, land assemblies and

development, condominiums, construction contracts, municipal regulation and land use

planning, foreclosures, boundary line disputes and related matters.

Has been responsible for all legal aspects of the condominium development including

land acquisition, municipal zoning and regulatory compliance requ irements, preparation

of construction contracts, investor agreements, contract management during the

construction phase, declaration and by-laws of the condominium corporation,

management agreements, agreements of purchase and sale for condominium units,

financing matters including placement of debenture and mortgage security, and dealing

with all regulatory authorities as may be required. Illustrations include a 25 -acre

residential condominium project known as Regatta Point located in Halifax and a mixed

residential/commercial project known as Spring Garden Place in Halifax.

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Experience in construction law representing the legal interests of owners, developers,

contractors and others in both simple and complex construction disputes, performance

bond claims and mechanics' lien actions, on the acceptances and rejection of tenders, the

preparation and negotiation of construction contracts and other documents in the

construction process. He has been called upon to act as an arbitrator and mediator in

construction issue disputes.

Environmental legal services include advising on due diligence requirements on

purchases and acquisitions, site decommissioning, spills, commercial financing,

environmental impact assessments, environmental site assessments, audits, development

of composting, refuse disposal systems, recycling, composting, landfills and energy to

waste systems, acting as counsel in environmental legal proceedings, working with

environmental consultants and experts, advising as to dealing with the Department of the

Environment, and making representations to the Nova Scotia government .

A financial understanding with experience in matters of budgeting, pricing and analysis.

Experience in preparation of public offerings and prospectus' including structuring,

financial analysis and forecasting, regulatory controls, compliance and related matters.

Advanced understanding of the principles and theories of Corporate Governance and

implementation techniques.

Experience in corporate and commercial legal matters relating to the incorporation and

organization of companies, ongoing contractual matters, preparat ion of shareholders

agreements, shareholders rights, amalgamations, expropriations, importations,

purchases, sales and windups. He was active in major corporate reorganizations and

restructuring at both a local and national level and in dealing with the Nova Scotia

Securities Commission in respect to private placement and the preparation of offering

memorandum, perspectives and applications for discretionary rulings, share transfers and

asset conveyancing, shareholders' and partnership agreements he has been invited to sit as

a commercial arbitrator and mediator on numerous matters.

Represented clients in banking and secured lending transactions, inso lvency matters and

provided counsel in the legal aspects of corporate finance and public accounting.

Including commercial leasing and financing, representing both lenders and borrowers in

mortgage commitments, financing obligations, forms of security, jo int venturing,

debentures and other matters of financing, incorporation, mergers and restructuring,,

banking and secured loan transactions. Acted as legal counsel on behalf of the Province

of Nova Scotia with respect to the issuance of Government of Nova Scotia bonds

administered by the Department of Finance.

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Acted on major public/private joint venture developments between the government and

private sector, including matters relating to negotiating, contracting, leasing, operating

agreements, offering memorandums and memorandums of understanding. Significant

projects include providing representation with respect to the negotiation and development

of Alderney Gate by the City of Dartmouth and acting for the Province of Nova Scotia in

connection with the negotiation and development of casinos in the Province.

Served on the executive of the Halifax Port Corporation in the capacity as Chief Legal

Counsel with responsibility for advising the Board and the Executive on all matters

relating to the port operations and facilities including regulating vessel activity in the

harbour including the arrest and seizure of vessels for non-compliance, negotiating tariffs

and rates, matters relating to the environment and pollution, marine and fishery related

issues, land use matters relating to the Corporation properties, advice concerning the

Canada Ports Corporation Act and related legislation.

PRESENTATIONS

Investing in Commercial Real Estate - Legal Considerations, 1982 for the NS Bar,

Continuing Education Program

Syndications - 1984

Limited Partnerships - Nova Scotia, 1985 for the NS Bar, Continuing Education Program

Condominium Purchases - The Practical approach, 1993 for the NS Bar, Continuing

Education Program

Weber & O Leary - An Arbitrator s Approach, 1996 for the National Labour Law

Section / The Continuing Legal Education Committee of the Canadian Bar Association

Mediating Harassment Complaints, 1997 for the Canadian Bar Association, La bour and

Employment Law Section

Mediating Shareholder Disputes, 1999 for the Canadian Bar Association

Property Practice in the Next Millennium - The New Condominium Act, 2000 for the

Continuing legal Education Society of Nova Scotia

Creative Alternatives to Legal Action, 2000 for the Continuing legal E ducation Society

of Nova Scotia

Recommendations Blue Bag Collection - Empty Paint and Aerosol Cans 1996 for TUNS,

co-author, for presentation to the Halifax Regional Municipality

The Crumbling Real Estate Deal; - So You Can t Afford to go to Court- Curing the Deal

- Real Estate Litigation Seminar, 2000

Personal Injury Mediation, 2001 for The Continuing Legal Education Committee of the

Canadian Bar Association

Setting Up For Success Toward an ADR Practice - Conflict Resolution Network Canada,

Connections, 2002 PEI

The Use of Mediation - An Alternative Problem Solving Method for The Canadian Bar

Association Annual Professional Development Conference, 2003

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Dispute Resolution Strategies - How to Best Use ADR in Bad Faith Claims, for the

Canadian Defence Lawyers, 2003

Mediation Strategies - When To Use Which Type, for the Atlantic Provinces Trial

Lawyers Association, 2003

Conflict Resolution: Alternatives to Arbit ration, presented as part of a three person panel

for the Labour Management Relations Speaker Series of the Nova Scotia Conciliation

Service and Federal Mediation Conciliation Service, 2003

Use of Mediation in Discipline Matters - Canadian Council of Profe ssional Engineers,

Halifax, 2004

Role of Mediators in Resolving Labour Disputes - Insight Conference, 2005

Use of Mediation as An Alternative Problem Solving Method - CBA PEI 2005

ADR Processes: Riding the Crest of the Wave in Atlantic Canada - ADR Institute of

Canada, 2007

Grievance Management: Tactical and Practical Considerations in the Use of Mediation

and Med/Arb in the Arbitration Process - Atlantic Canada Labour & Employee Relations

Insight Conference, 2010

Moderator SDRCC Arbit rator and Mediator Conference, respecting Resolution

Facilitation in Doping Cases January 2011

Presenter on Arbitrations to the ADR Atlantic Institute Annual Meeting and CLE, 2012

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