For 35 years, Kevin McElcheran, Law’80, has helped a wide variety of clients deal with problems caused by commercial insolvency and has contributed to their restructuring. On May 6, the Ontario Bar Association (OBA) recognized his approach to practice with the 2015 Murray Klein Award for Excellence in Insolvency Law.
“Kevin has advocated for and practised in a way that attempts to provide greater fairness in restructurings,” wrote his nominators. “He has sought to find alternative and more cost-effective ways to deliver results in an insolvency situation.”
McElcheran, a former partner with McCarthy Tétrault LLP, started a mediation practice in May 2014 to deliver an alternative to traditional restructuring processes, positioning him as a problem-solver and mediator seeking solutions rather than advocating one side. His nominators concluded that this is a “role that fits Kevin’s personality well.”
A leading lawyer in his field, he has been recognized in guides such as Chambers Global: The World’s Leading Lawyers for Business and by various directories published by Lexpert, a source for information on the business of law. His text Commercial Insolvency in Canada, a practical and useful resource for lawyers, has been cited by several courts.
What is it about the insolvency field that McElcheran finds most rewarding? “I always enjoyed the collaboration and the creative process of solving mixed legal and business problems both in the court room and behind the scenes in the negotiation of business-saving deals,” says McElcheran. “The stakes were always high, and the results and the businesses and jobs saved were worthwhile. It has not only been my job but also my vocation.”
As a dedicated teacher and mentor, he has shared his expertise with his peers. His McCarthy Tétrault nominators fondly recall how he brought “open door policy” to a whole new level. “Despite the demands of practice in a large firm, Kevin was always available to answer questions and would always go the extra mile to lend a hand,” they wrote, “providing younger lawyers in particular with a full history of the issue, relevant cases (generally that he had been involved in first-hand) and his view of how the issue should be resolved.”
Queen’s Law students will be able to benefit from McElcheran’s experience in the upcoming academic year, when he will be teaching Commercial Bankruptcy and Insolvency. “I loved my time at Queen’s and made long-time friends among my classmates,” he says. “Professors John Whyte and Bernie Adell were strong influences on the way I think as a lawyer. I am very pleased to be coming back to Queen’s in January as an adjunct professor.”