Litigation & Negligence

Litigation & Negligence  |  Medical Malpractice  |  Wills & Estates  |  Real Estate  |  Corporate & Commercial


For over half a century, McLellan, Brennan has been one of the leading firms in the area of civil litigation. Our lawyers have appeared at every conceivable Court level, including the Supreme Court of Canada. We have appeared in every conceivable capacity and on most matters, including:

  • Medical malpractice
  • Professional negligence
  • Insurance disputes, including the allegation of bad faith claims
  • Slip and falls
  • Motor vehicle accidents
  • Assault and battery claims
  • Wrongful prosecution
  • Defamation
  • Matters involving drinking and driving
  • Motorcycle accidents
  • Marine accidents
  • Pedestrian accidents
  • Automobile accidents
  • Securities litigation

McLellan, Brennan is one of the primary firms on Prince Edward Island that practices medical malpractice. We have been successful in resolving serious or catastrophic medical malpractice cases. Our contingency fee agreements, allocated in appropriate cases, have allowed clients access to justice. Our auto accident lawyers and civil litigation lawyers have appeared before or represented various health care professional bodies, including appearing before the Nurses Association and the Pharmaceutical Board of Prince Edward Island. We are not a law firm that represents the defence groups for any of the health care providers on Prince Edward Island.

Our practice is primarily acting for plaintiffs, or injured people. Our Summerside law firm has represented clients in relation to health law before the Supreme Court of Prince Edward Island, the Appeal Division of the Supreme Court of Prince Edward Island, and the Supreme Court of Canada.

Civil Litigation

Our civil litigation practice is really the cornerstone of McLellan, Brennan’s practice, and because we are an independent PEI law firm, we are able to act in most matters without conflicts of interest.

Civil litigation is a broad area of law, essentially encompassing all legal disputes which can be dealt with by the courts. That said, getting to court is really the end of a process and does not happen in every instance. Being prepared and defending or prosecuting our cases effectively throughout is where we give our clients the best value and representation. We are effective negotiators and are always prepared to employ strategies such as negotiation, mediation, or alternative dispute resolution, while at the same time conducting thorough research and preparation of our cases so that we are ready and able to litigate them before the Supreme Court.

We represent clients in many areas of civil litigation including:

  • Corporate and commercial litigation
  • Contested real estate matters
  • Medical malpractice
  • Personal injury litigation
  • Insurance litigation
  • Securities litigation
  • Wills, estates, and trust litigation

On personal injury or malpractice matters, our contingency fee agreement (allocated for appropriate cases) allows clients access to justice.

Professional Negligence

Professional negligence is a broad term that essentially means acting against a professional service provider who has provided his or her services in a negligent manner. McLellan, Brennan has acted for both plaintiffs and defendants on professional negligence matters, and these matters have included accountant or lawyer professional negligence issues, medical malpractice, and engineering actions. We have acted both in the prosecution and defence of these actions.

There are a great number of self-regulating professions on Prince Edward Island, including the medical and legal professions. These self-regulating bodies handle disciplinary matters internally, often through a formal administrative tribunal. The PEI lawyers of McLellan, Brennan have represented and defended professionals before these bodies, provided counsel to these bodies, served on these disciplinary bodies, and have prosecuted complaints.

If you are a professional who has had a complaint lodged against you, we advise you to contact a lawyer for legal advice to protect your career. Often times, through legal representation, outcomes can be negotiated that are less harsh than those imposed at a disciplinary hearing. Proper representation is needed at such a hearing to ensure that your rights are upheld and your side of the story is heard.


Negligence law compensates those who have been injured from someone else’s faulty behaviour. This negligent behaviour refers to conduct that falls below the standard of care of a reasonable person. Negligence law provides compensation to those who have been hurt by another’s recklessness or carelessness. It is said to be one of the most important fields in litigation today, as it regulates society. For instance, negligence law encourages members of society to be responsible for their own conduct – thereby being more conscientious of the effect their actions have upon others.

The lawyers of McLellan, Brennan are well versed in this area of law as negligence law is the backbone of civil litigation. If you have been negligently treated, the lawyers at McLellan, Brennan can help identify the negligent act and determine the costs owed to you. In appropriate cases, access to justice can be provided by way of contingency fee agreements.