Michael is a proven litigator with 30 years of demonstrated performance as counsel in complex litigation within British Columbia and elsewhere in Canada.
Litigation
Michael is primarily dedicated to representing his corporate and individual clients in litigation.
With broad experience in civil, criminal, administrative and constitutional law cases, including a great deal of trial and appellate work, he represents the interests of those clients in formal disputes involving professional liability and discipline, civil fraud and conspiracy, as well as shareholder oppression, corporate and directors’ misconduct, insurance coverage and bad faith, securities regulation, bankruptcy, contract, real estate, strata and construction disputes, and other commercial litigation.
He regularly conducts litigation in all levels of the British Columbia court system, and has appeared as counsel in the Alberta and Ontario courts, as well as the Supreme Court of Canada, regulatory tribunals, administrative boards, private arbitrations and mediations. His record includes a long list of successful results in both judge and jury trials, tribunal rulings and appeals, as well as negotiated settlements.
Mediation and Arbitration
Michael also is retained by parties to such disputes and requested to intervene as mediator or arbitrator, and he is active in those roles within confidential business and sport disputes.
Professional Development
Out of court, Michael leads a team of thoughtful and dedicated lawyers, paralegals and staff who focus on practical results and client service.
Since the 1990s, Michael has dedicated considerable time to professional development and training for the legal and accounting professions, the insurance industry and fraud investigators. He regularly provides instruction and commentary to such groups about current legal issues affecting their areas of expertise, and provides legal and strategic advice on an ongoing basis.
Early History
Michael spent his earliest days in the legal profession apprenticing at the Hewitt and Hewitt law firm in Ottawa, and later was mentored as a litigator by leading members of the legal profession in the Vancouver Department of Justice, the Court of Appeal for Ontario and an international law firm in London, England. He then moved into private practice in 1993.
Litigation Experience
Michael is an in-court litigator with broad experience handling difficult cases. The vast majority of litigated disputes in Canada are settled between private parties. However, most reasonable settlements are made to happen in the face of a real and looming prospect of litigation. Michael has extensive experience in both settings, and shifts, when necessary, seamlessly from one to the other as circumstances dictate.
Mediations
Michael has decades of experience as counsel in successful commercial mediations involving contract disputes, shareholder oppression, professional liability and claims involving fraud and crime. He also practices dispute resolution as a mediator. All mediations are completely confidential.
Historical Judgments
Michael has been involved in countless litigated cases, leading to judgments in the courts. Set out below are some publicly-reported judgments in which Michael was involved as counsel, listed by category, going back to 1993.
Civil fraud, conspiracy and conversion litigation
Counsel for plaintiffs and defendants in hundreds of lawsuits involving allegations of fraud and conspiracy, and remedies obtained by way of Mareva Injunctions, Anton Piller orders and civil execution proceedings. Litigation in this field often intersects with insolvency and bankruptcy proceedings. Some examples:
- 2020 BCSC 1320 – judgment in insurance fraud litigation.
- 2020 – counsel to plaintiff in employee theft claim.
- 2020 – defense counsel in fraudulent billing action.
- 2019-2020 – counsel to resource owner in fraudulent conversion claim.
- 2019 – defense counsel in proceedings related to alleged fraudulent billing scheme.
- 2016 BCSC 140 – Mareva Injunction in fraudulent conversion claim.
- (2016) – counsel for Chinese national pursued by Chinese bank to British Columbia by enforcement and injunction proceedings.
- Appointed by the Supreme Court of British Columbia to perform the role of supervising solicitor for Anton Piller order executions.
- 2016 BCSC 1108 – judgment in conversion against participants in 2011 Vancouver riot.
- (2015) – jury award of $200,000 punitive damages plus damages and costs in theft of electricity trial.
- 2014 BCSC 1419 – successful civil fraud action against company’s accountant.
- 2010 BCSC 338, 2011 BCSC 1106 and 2012 BCSC 998. Judgments in three related trials for conversion and conspiracy against many defendants in stolen vehicle scheme, with punitive damage awards. Leading cases in BC establishing principles associated with civil fraud and conspiracy.
- 2009 BCSC 1051 and 2011 BCCA 51 – judgment for an insurer, following a lengthy trial of conspiracy and vehicle conversion allegations, awarding special damages, general damages, punitive damages and costs against several participants in a stolen-vehicle scheme. Related appeal establishing the scope of joint tortfeasor liability in conversion.
- ICBC v. Faris et al. (2006) – $3.5 million jury award of punitive damages in staged accident case.
- Represented dozens of CPAs, CAs, CGAs, and CMAs in regulatory proceedings before their disciplinary boards.
Injunctions and Search Warrants
- Counsel for many parties in civil actions involving Mareva Injunctions and Anton Piller orders and criminal search warrants
- Court appointed independent supervising solicitor.
- 2017 ABCA 316 – appeal in fraud action, in which the Alberta court overturned multiple Mareva Injunctions and Anton Piller orders.
- 1993-2020 – Crown counsel, criminal defence counsel and civil litigation counsel in dozens of Charter cases involving search and seizure.
- 2002 SCC 61 – Supreme Court struck down Criminal Code provisions related to search warrant for a lawyer’s office.
- 2008 BCSC 1204 – application of Charter to Crown Corporation.
- Author: Injunctions: British Columbia Law and Practice (3rd Edition).
- Continuing Legal Education instructor on Mareva Injunctions and Anton Piller orders.
Shareholder Oppression and Other Corporate Litigation
Acted for and against shareholders, directors and companies in litigation involving oppression claims and derivative actions involving allegations of corporate misconduct.
- 2019 – counsel for shareholders in oppression arbitration.
- 2018 BCSC 881 – oppression petition dismissed, and with no leave granted to the petitioner to proceed to trial or to pursue a derivative action.
- 2014-2015 – shareholder oppression and directors’ misconduct claims involving employee-owned forestry company.
- 2012 BCSC 829 – successful civil fraud and corporate oppression action against company’s president
- 2018-2020 – counsel for shareholders in multiple oppression proceedings in BCSC and arbitrations.
Professional Liability and Discipline – Accountants
Acted for professionals in dozens of cases leading to successful and confidential outcomes when facing discipline by regulatory bodies governing Chartered Professional Accountants, and previously CAs and CGAs.
In civil litigation, Michael has acted for Chartered Professional Accountants and other professionals in defence of hundreds of lawsuits. Most have been settled and others were successfully defended in court. Some published decisions:
- 1999-2020 – lead defence counsel in > 100 professional liability claims against CAs, CGAs and CPAs.
- 2014 BCSC 722 – action against auditor related to Bear Mountain investments dismissed
- 2008 BCSC 328– dismissal of claim against chartered accountant alleging inadequate advice in respect of the valuation of a logging business in a divorce settlement.
- 2007 BCSC 1081 – taxation related to bankrupt estate in respect of bankruptcy arising out of Eron Mortgage Corporation’s affairs.
- 2006 BCSC 89 – third party claim against corporate directors in oppression action.
Regulatory, Criminal and Charter cases
Representation of the Crown in prosecutions, as well as persons and corporations charged with offences or administration infractions.
- Defence of regulatory prosecutions involving alleged environmental offenses and related Charter issues.
- Administrative proceedings involving alleged gaming infractions.
- Litigation involving allegedly unlawful use of criminal search warrant powers in the regulatory context.
- Litigation involving allegations of Charter infringement against crown corporations, related to search and seizure and other powers.
- 2008 BCSC 1204 – defendants in an insurance fraud trial alleged various breaches of the Charter of Rights by investigators. Allegations of racial profiling were dismissed. Applications to exclude real evidence based on allegations of unreasonable search and seizure were dismissed.
- BCSECCOM 645 (findings); 2007 BCSECCOM 773 (decision) – defence of charges before the B.C. Securities Commission.
- 2002 SCC 61 – Supreme Court of Canada decision striking down provisions of the Criminal Code respecting search of law offices pursuant to warrant. Junior counsel.
- (20 April, 1998), Surrey 65381 (B.C. Prov. Ct.) – Crown’s trial counsel in constitutional challenge to the validity of the criminal prohibition on simple possession of marihuana. Application dismissed and decision later upheld by Supreme Court of Canada.
- (18 February, 1998), Vancouver CC970509 (B.C.S.C.) – Crown’s trial counsel in constitutional challenge to the validity of the criminal prohibition on possession of marihuana for the purpose of trafficking. Application dismissed and decision later upheld by Supreme Court of Canada.
- (30 March, 1994), Vancouver CA016527 (B.C.C.A.) – Appeal decision regarding Crown’s disclosure obligations in relation to third-party therapist’s records.
- Prosecution of federal offences related to taxation, bankruptcy, fisheries and transportation.
Insurance Litigation
Hundreds of lawsuits involving allegations of insurance fraud and insurer’s bad faith, and related insurance coverage disputes.
- 1999 – 2020 – Represented insurers in dozens of insurance fraud trials before judges and juries.
- 2015 BCSC 631– successful appeal of coverage award based on legal test for standard of proof in an insurance coverage claim.
- 2014 BCSC 797– insurance claim dismissed at trial based on fraud.
- 2012 BCCA 493 – interpretation of the limitation period pursuant to s. 17 of the Insurance (Motor Vehicle) Act.
- 2011 BCSC 878 – dismissal of insurance coverage claim based on misrepresentations of leased status of vehicles.
- 2010 BCSC 662 – insurance contract interpretation – Dismissal of claim by an insured for coverage.
- 2004 BCCA 498 – appeal from a decision striking out a claim by an insured person that her insurer owed a duty to provide advice to her regarding coverage. Appeal dismissed.
- 2003 BCSC 677– successful appeal defining the scope of ICBC’s liability in its capacity as registrar of motor vehicles.
Education
- Qualified Arbitrator, 2014
- Ontario Court of Appeal, Law Clerk, 1991-1992
- University of Victoria, Juris Doctor, 1991
- Queen’s University, Bachelor of Commerce (Finance), 1988
Bar Admissions
- British Columbia, 1993
Leadership
- Advocates’ Society, BC Regional Advisory Committee, Past Member
- Advocates’ Society, Education Committee, Past Member
- Advocates’ Society, Justice Reform & Diversity Committee, Member
- Arbitrations, Arbitrator Selection, Continuing Legal Education, Presenter
- Claims in Fraud, Association of Certified Fraud Examiners, Presenter
- Community Associations, Past President and Director
- Defence of Fraudulent Claims, Canadian Defence Lawyers, Presenter
- Expert Evidence, Canadian Institute, Presenter
- Harper Grey Commercial Litigation Group, Co-Chair
- Harper Grey Mentoring Program, Mentor
- Injunctions: British Columbia Law and Practice (3rd Edition), Co-Author
- Legal, insurance industry and accounting professional seminars, Speaker
- Legal Training Manual, 2012, Private Investigators Association of British Columbia, Author
- Published articles on legal practice, professional liability, fraud litigation and other legal issues, Author
- Risk Management for Accountants, 2010-2021, Chartered Professional Accountants of B.C., Presenter
- The Law Society of British Columbia, Past Moot Court and Advocacy Instructor
- University of British Columbia, Advocacy Instructor
- University of British Columbia, Past Legal Ethics Instructor
- Video Surveillance, WorkSafe BC Inter-Agency Forum, Presenter
Membership
- Advocates Society, Member
- The Law Society of British Columbia, Member
