Diane E. Tucker

 

Professional ExperienceDiane E. Tucker is the sole proprietor of DET et al., in Vancouver, British Columbia, Canada. She holds the Chartered Arbitrator credential issued by the ADR Institute of Canada, and is a member of the arbitrators’ rosters of the ADR Institutes of Canada and of BC, and the Surrey Board of Trade. She is also an arbiter with Just Resolve!, a dispute resolution group located in the San Francisco Bay Area, and a member of the State Bar of California. She holds Certified Information Privacy Professional credentials for both Canada and the US. She also offers workshops on confidentiality, privacy and conflicts of interest as well as training seminars on other arbitration, ethics and privacy issues. Her law practice has included work in intellectual property, privacy and security in the high tech videogames industries.
Dispute Resolution Experience and TrainingAdjudicator
City of Vancouver, Vancouver, BC, 2017-present
Deciding appeals from decisions by the City from homeowners claiming they are not subject to a municipal tax.Arbitrator
Insurance Corporation of British Columbia, 2017-present
Determining the value of damaged or stolen vehicles when their owners reject offers made by the provincial insurance corporation.

Arbitrator
Mandatory Fee Arbitration Section, State Bar of California, San Francisco, CA 1990 – 2005
Mostly acting as sole arbitrator, decided fee disputes between lawyers and clients turning on the value of professional services rendered. As a seasoned member of the roster, I was assigned to more complicated and high-value cases.

Arbitrator
Lemon Law Auto Cases, Golden Gate Better Business Bureau, San Francisco/Oakland, CA 1984 – 2000
As sole arbitrator or a leader of a 3-person panel, decided cases arising under the Lemon Laws of the State of California, i.e. a material defect in a new vehicle arising within a certain period after purchase.

Judge pro tempore/Mediator
Unlawful Detainer Calendar, Superior Court, City & County of San Francisco, 1996 – 2005
Mediated disputes between landlords and tenants whose matters were pending immediate trial in this forum. Any matters settled were removed from the trial queue, making this practice an important step in the court process.

Professional and Other Activities

  • Chartered Arbitrator, ADR Institute of Canada, Toronto, ON
  • Certified Information Privacy Professional/Canada (CIPP/C), International Association of Privacy Professionals, Portsmouth, NH
  • Certified Information Privacy Professional/US (CIPP/US), International Association of Privacy Professionals, Portsmouth, NH
  • Certificate of Qualification, National Committee on Accreditation, University of Ottawa, ON
  • Marvin E. Lewis Award, Most Inspirational Professor, San Francisco Law School
    Certificate of Appreciation, University of San Francisco
  • Marvin E. Lewis Award, Most Inspirational Professor, San Francisco Law School
    Certificate of Appreciation, University of San Francisco
  • Vice-President, Board of Directors, Place des Arts, Coquitlam, British Columbia
  • Member, State Bar of California
  • Arbiter, Just Resolve!, San Jose, CA
Academic Qualifications

  • 2015, Arbitrator Training, Parts II and III, ADRBC, Vancouver, BC
  • 2005, Certificate of Qualifications, National Committee on Accreditation, University of Ottawa, ON
  • 1978, Juris Doctor, Western State University College of Law, Fullerton, California
  • 1976, Certificate of Merit in Comparative /International Legal Institutions and Jurisprudence, McGeorge Law School, University of the Pacific, Sacramento, California (classes in Heidelberg, Vienna and Budapest)
  • 1972, Bachelor of Arts, Theology, University of Dayton, Dayton, Ohio

Daniel Urbas

Professional ExperienceMr. Urbas has advised and represented clients in commercial arbitration and litigation across a variety of industries and disputes involving intellectual property (patent, trade-mark, copyright), information technologies (ownership, license, service contracts), energy (wind, bio), natural resources (mining, forestry, fishing), aboriginal law (land claim, treaty disputes), telecommunication, broadcasting, product liability and complex contractual disputes.

He has handled trial and appellate advocacy, urgent and extraordinary applications, appearing in the Provincial and Federal courts and the Supreme Court of Canada, as well as before arbitration tribunals and various administrative tribunals.

Dispute Resolution Experience and TrainingMr. Urbas sits as an arbitrator, both as a sole arbitrator and as a member of a three-member arbitration tribunal. He is fluently bilingual in English and French.

Up until June 2017, Daniel Urbas served as Regional Leader of the International Trade Litigation and Arbitration group and Regional Leader of the Intellectual Property Litigation group of a national law firm. Formerly, until 2013, Daniel was also that firm’s Regional Leader of the Commercial Litigation group and National Leader of the Intellectual Property Litigation group.

Professional and Other Activities

  • Fellow of the Chartered Institute of Arbitrators (CIArb) based in London, U.K. and formerly elected to the Executive of the CIArb’s North American branch, founding member of Canadian Branch, director and treasurer
  • Recognized as “Local Litigation Star- Quebec” in the 2013-2017 editions of Benchmark Litigation Canada
  • Recognized in the 2014-2017 editions of The Best Lawyers in Canada® (Corporate and Commercial Litigation)
  • Recognized in the 2013-2017 editions of The Canadian Legal Lexpert® Directory (Computers IT Law)
  • Martindale-Hubbell® AV® Preeminent™.
  • Recognized in the business section of La Presse, North America’s largest circulation French-language daily, for being “at the top of his game”
Academic Qualifications

  • BCL/LLB, McGill University. 1991
  • BA, University of Western Ontario, 1984
  • Barreau du Quebec, 1992
  • LSUC Ontario, 1998
  • LSBC British Columbia, 2004
  • LSNL Newfoundland & Labrador, 2016

 

Mr. Robert M. Smith

Professional Experience

Robert M. Smith, Esq., has more than 20 years of commercial litigation and trial experience. He was responsible for overseas litigation worldwide at Bank of America. Subsequently, he had his own commercial litigation firm representing three dozen financial institutions. Prior to law school, Mr. Smith was a correspondent in the Washington Bureau of the New York Times.

Mr. Smith is a Barrister (Inner Temple, Lincoln’s Inn) in the UK. He is admitted to the Bars of California, New York, and the District of Columbia. He is fluent in French and German, and speaks intermediate Spanish.

Mr. Smith has commercial law experience that includes such matters as: high-tech lending, sexual harassment, computer license disputes, project finance, international letters of credit, construction disputes, insurance coverage, and personal injury.

Dispute Resolution Experience and Training

Robert M. Smith has been an arbitrator and mediator for more than 20 years. He has mediated hundreds of complex matters in a wide range of subject areas and in many jurisdictions. He was Director of Mediation at CEDR (Centre for Effective Dispute Resolution) in London, as well as a Registered Mediator and Chartered Arbitrator in the UK. He has lectured on ADR widely—at the Law Faculty of Oxford University, the United Nations in Turin, Nairobi, Warsaw, Dublin, Singapore, and Amsterdam. He is the author of ADR for Financial Institutions (West Group, 2d ed. 1998, 1200 pp.).

Mr. Smith has completed more than 400 hours of mediation/arbitration training and teaching, including:

  • Practicum for Experienced Mediators, CDR Associates, Boulder, Colorado, 09/1994, 32 hours
  • Mediation Seminar, Stanford Law School, Palo Alto, California, 06/1994, 20 hours
  • Mediation Training, American Academy of Attorney-Mediators, Oakland, California, 01/1993, 15 hours
  • Mediation Training, American Arbitration Association, San Francisco, California, 01/1993, 15 hours
  • Mediation & ADR Training, National Institute for Trial Advocacy, Denver, Colorado, 09/1992, 24 hours

Mr. Smith’s mediation style depends on the wishes of the parties and counsel, and his sense of what is appropriate and likely to be effective.

Mr. Smith has more than 250 references from law firms and corporate and government law departments on five continents. For more representative matters, expanded biography, references and testimonials, please see www.robertmsmith.com

Professional and Other Activities

Mr. Smith serves, or has served, as a mediator or arbitrator on the following panels:

  • UN’s World Intellectual Property Organization in Geneva, Switzerland
  • the World Bank
  • London Court of International Arbitration
  • Arbitration Subcommittee to the U.S. Council for International Business
  • Centre de Médiation et d’Arbitrage de Paris (CMAP) – Médiateur Agréé
  • Center for Public Resources, Panel of Distinguished Neutrals

Mr. Smith has been elected a Fellow of:

  • the American College of Civil Trial Mediators
  • the Hong Kong Institute of Arbitrators
  • the International Academy of Mediators
Academic Qualifications

JD, Yale Law School (Board of Editors, Yale Law Journal)
MS in Journalism with High Honors, Columbia University
MA in International Affairs, Columbia University
Diploma Sobresaliente, Centro de Estudios de Español (Barcelona)
Fulbright Scholar, University of Tübingen (Germany)
AB with Honors, Harvard College

Mr. Philip D. O’Neill Jr.

Professional Experience

Philip O’Neill’s international practice ranges from general corporate work to dispute resolution. Primarily, Philip O’Neill has been engaged in litigation/arbitration as a trial attorney and arbitrator for over 30 years, with approximately equal experience in international and domestic arbitration and litigation involving complex business disputes (70%). He has acted as outside general counsel to a number of American and foreign clients in connection with projects in the U.S. and around the world, including joint ventures and private equity investments. Phil’s international general counsel practice has involved matters/issues in as many as 45-50 countries per year. He has also represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for over 30 years. His experience as advocate or arbitrator includes international commercial disputes involving energy supply, joint ventures, distribution, health care, life sciences, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters.

Notable Experience

Guidance/Transactional:

  • Phil provided post 9/11 guidance to the Chairman of a large Arab bank on anti-terrorist finance issues.
  • He served as International Special Counsel to a NYSE listed company on joint ventures.
  • He acted as International General Counsel on joint ventures and related industrial projects for Middle Eastern strategic financial partners and American technology partners.
  • He served as International General Counsel to a Middle Eastern-financed offshore collective investment through special purpose corporations for U.S., European, North African and Middle Eastern investments.
Dispute Resolution Experience and Training

Phil O’Neill is a very experienced international arbitrator and is on panels or listed by arbitral institutions globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, the London Court of International Arbitration, CIETAC and the Stockholm, Milan, Dubai, Kuala Lumpur and Hong KongArbitrationCenters. Phil is a chartered arbitrator and a fellow in both the College of Commercial Arbitrators and in England’s Chartered Institute of Arbitrators. He was previously on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. Phil has been listed repeatedly in the International Arbitration section of The Best Lawyers in America.

  • Phil authored a panel decision relating to a ten-figure patent/licensing royalty claim between an Asian pharmaceutical and an American biotech company.
  • He was an advocate in a ten-figure energy long-term supply contract breach claim between American and African companies.
  • He served as a panel chair in a nine-figure patent royalty claim between an American company and an Asian company in the telecom industry.
  • Phil was a member of the panel for a nine-figure patent license dispute between American and Canadian companies over European and Latin American technology transfer.

Training

  • College of Commercial Arbitrators, Annual Meeting, 2008, 2009
  • AAA Dealing With Delay Tactics in Arbitration, 2006
  • AAA International Arbitration Symposium, 2005
  • AAA Neutrals Conference, 2005
  • AAA Dealing with Delay Tactics in arbitration (ACE004), 2005
Professional and Other Activities

In 2007 Phil O’Neill taught international business transactions at the Fletcher School of Law & Diplomacy. Phil served as Nomura lecturer in law at Harvard Law School on International Arbitration in 2005. His professorial career began at Boston College Law School in 1988, where he initially taught a seminar on “National Security Law” and he continues to teach an “International Arbitration” course. He also teaches at Boston University School of Law, where he currently conducts an LLM seminar on “International Arbitration”, and previously taught for ten years a “National Security Law” seminar, and previously a L.L.M. level course entitled “American Foreign Policy and International Banking”. Phil previously guest-lectured at the Harvard Law School on “International Arbitration” in the mid to late 1990s as well as 2006, and before that at Harvard Business School on venture capital.

Academic Qualifications

Hamilton College, B.A., 1973
Boston College, J.D., 1977

 

 

 

 

 

 

Mr. John W. Norton

Professional Experience

Mr. Norton has practiced business law for over 30 years and during the last 10 years has also acted as counsel and chair in various arbitrations relating to major business issues and real estate matters.

He is known for his practical and strategic approach to legal and business problems. Mr. Norton practices law in the area of mergers & acquisitions and divestitures, corporate governance and commercial law.

Mr. Norton has extensive experience in real estate development law and venture capital law.

He also acted Counsel on behalf of the Vancouver International Airport Authority, Department of Justice, Indian and Northern Affairs Canada, and United Van Lines. He was finance Chairman for Doug Mowatt, and he is Chairman of Universal Packaging Inc.

Professional and Other Activities

Mr. Norton is a member of a number of Canadian and International Associations, and is an International Associate of the American Bar Association;

  • The Law Society of British Columbia
  • The Canadian Bar Association
  • ADR Institute of Canada
  • British Columbia International Commercial Arbitration Centre

Mr. Norton has been a director of numerous companies and advisory boards, including B.C. Housing Management Commission, Downtown Vancouver Association, Yaletown Housing Society, Vancouver Neurological Centre, Shaughnessy Golf & Country Club, St. George’s School Foundation, Shawnigan Lake School Board of Governors, Thunderbird Golf Society, Pacific Parkinson Research Institute, Air Canada Championship, Order of St. John Palliative Care Foundation, as well as many closely held corporations.

Academic Qualifications

B. Comm., University of British Columbia, 1968
LL.B., University of British Columbia, 1969
Chartered Arbitrator, 1990

Mr. John R. Singleton

Professional Experience

Mr. Singleton has practiced law since 1969. He has concentrated on the areas of insurance, construction, professional liability and environmental matters, on behalf of property owners, architects, engineers, contractors, regulatory agencies and insurers. He has acted as counsel in several precedent-setting cases involving insurers, architects, engineers and other participants in the construction industry and has been counsel on a wide variety of problems related to environmental issues.

Mr. Singleton is also a chartered arbitrator and mediator of complex commercial disputes, and is actively involved in both mediation and arbitration on behalf of his own clients and as a mediator/arbitrator retained by others. He also acts as a fairness advisor/monitor of procurement activities in a variety of settings.

Mr. Singleton is an Adjunct Professor at Stanford University Law School and the University of British Columbia Law School.

Dispute Resolution Experience and Training

  • Forty-two years of practice in dispute resolution.
  • Counsel at all levels of courts and before Administrative Tribunals.
  • Fairness Advisor on multiple construction and infrastructure projects.
  • Arbitrator/Mediator multiple disputes.
  • Professor of Law, including ADR, at UMB and Stanford.
Professional and Other Activities

  • Fellow, Canadian College of Construction Lawyers
  • Member, Federation of Defence and Corporate Counsel
  • Member, Defence Research Institute
  • Member, Arbitrators Institute of Canada
  • Arbitrator, American Dispute Resolution Center
  • General Counsel, Municipal Insurance Association of British Columbia
  • Member, Association of Defense Trial Attorneys
  • Member, Panel of Arbitrators of China International Economic and Trade Arbitration Commission (CIETAC) and Hong Kong International Arbitration Centre, Kuala Lumpur Regional Centre for Arbitration
  • Adjunct Professor, UBC and Stanford
Academic Qualifications

B. A., University of Alberta, 1966
LL.L., University of Alberta, 1969
University of London, London School of Economics and Political Science, England, Master of Laws, 1970

Melvyn Simburg

Professional Experience

Mr. Simburg has been an attorney since 1972 and an ADR neutral since 1980. Mr. Simburg is a lawyer’s lawyer. He helps businesses as an imaginative problem-solver and resourceful litigator. Mel Simburg has particular experience in the areas of international distribution, copyright and trademark protection, web contracts, technology and rights licensing and foreign investment. Because of his excellent communication skills and business litigation background, he is frequently asked to serve as an arbitrator or mediator. Mel Simburg is a member of the Large Complex Case Panel and the Commercial and Intellectual Property panels for the American Arbitration Association and serves on arbitration panels for ICDR, FINRA and other organizations as well.

Dispute Resolution Experience and Training

Mr. Simburg is a member of the Large Complex Case Panel and the Commercial and Intellectual Property panels for the American Arbitration Association and serves on arbitration panels for ICDR, FINRA and other organizations as well.

He serves as arbitrator or mediator in a variety of business-related disputes, many of which involve cross-border, multi-cultural and/or intellectual property matters. He has resolved a significant number of franchise, licensing and distribution disputes. He has served as a neutral in computer system installations involving up to several million dollars. Internet-related disputes have involved such matters as banking, copy right infringement, trademark infringement, trade dress issues, domain names.

Mr. Simburg has participated in over thirty ADR training sessions in the last 10 years.

Professional and Other Activities

Mr. Simburg serves on State and ABA committees and chairs seminars and symposia here and abroad. He has served as a volunteer attorney for Washington Lawyers for the Arts, Seattle Public Theatre, Seward Park Art Studio and the Faces for Life Project of the Puget Sound Blood and Tissue Center. He was lead counsel for the firm’s representation of the “Best of the USSR Software and Technology Show” held in connection with the 1990 Good Will Games.

Mel Simburg has authored or co-authored several articles and presented at seminars in his areas of special experience. Topics include Use of a Foreign Sales Corporation, Protection of Trademarks, Trade Names and Trade Secrets, Copyright Protection for Foreign Works, Intellectual Property on the Internet and Internet Privacy Policies as well as arbitration and mediation topics. He is the author of the section Proof of Foreign Law for the “Washington State Civil Procedure Deskbook” and is Editor of the ABA’s annual International Intellectual Property Year in Review.

Academic Qualifications

Columbia University School of Law, J.D., 1972
Columbia University School of International & Public Affairs, M.I.A., 1972
University of California-Berkeley, B.A.(Citation in Macroeconomics), B.A., 1968

Herbert S. Silber

Professional Experience

Herb Silber was the senior litigation partner with Kornfeld Mackoff Silber and is now Associate Counsel at Kornfeld LLP. Herb’s career in litigation has primarily focused on real estate and contract litigation, lease arbitration and employment law. He co-counselled one of the largest commercial fraud cases in Canadian history, which included precedent-setting decisions on directors’ liability. Herb’s securities and corporate litigation experience includes shareholder oppression actions, proxy fights, and fraud claims. His successes in this area have resulted in decisions that have influenced corporate law and damage recovery principles. Herb’s employment law practice includes appearances as counsel in many wrongful dismissal trials and appeals, negotiations for severance packages and advising on group terminations. Herb has regularly appeared in both the Supreme Court of British Columbia and the British Columbia Court of Appeal.

Herb has increasingly taken on the role of arbitrator and mediator in commercial disputes. He is a graduate of an intense five-day mediation workshop organized by the Harvard University, School of Negotiation. Herb brings to an arbitration or mediation a strong combination of experience, knowledge and understanding of the goals to be achieved.

Herb was a member of the Board of Governors of the British Columbia Institute of Technology (BCIT) from 2013 to July 31, 2018. He has been a long time member of the Audit and Finance Committee and a representative of the Board on the BCIT Foundation, which both manages assets for BCIT and raises private donations. In 2014, on the recommendation of the Justice Minister for the Government of British Columbia, Herb was appointed Queen’s Counsel in recognition of his distinguished legal career. From 2012 to 2018, Herb was a member of the BC Health Professions Review Board, appointed by the Province of B.C. The Review Board is an Administrative Tribunal established to provide independent reviews of certain decisions of self-governing health professional colleges.

Herb has also served for many years on the boards and as an executive of a variety of non-profit organizations.

Dispute Resolution Experience and Training

  • Counsel on many Arbitration cases involving Real Estate and Contract law in particular.
  • Has also been either the sole Arbitrator or part of a panel on many cases in those practice areas as well as a Mediator.
  • Graduate of Harvard Negotiation Institute on Mediation.
  • As a member of the Health Profession Review Board was Chair and member of a panel on both written and oral hearings,  he wrote many decisions, and participated in successful mediations.
  • Admitted as a Fellow of the Chartered Institute of Arbitrators, FCIArb.
Professional and Other Activities

  • Rated by peers as BV by Martindale and Hubbell for many years.
  • Designated Queen’s Counsel in 2014.
  • Lectured at CLE program on Directors Liability.
  • Edited several articles published in the Advocate and other Publications.
  • A long time member of the Canadian Bar Association.
  • Organized and appeared as panel participant at BCMAI Symposium on arbitration-related topics.
  • Written a Blog for several years for clients and lawyers on Dispute Resolution issues.
  • Organized seminars with law firms to present on benefits of arbitration.
  • Written articles on Arbitration for VanIAC (formerly BCICAC) published in the “Advocate”.
Academic Qualifications

Fellow of the Chartered Institute of Arbitrators, FCIArb.

Graduate of the Harvard Negotiation Institute on Mediation

Osgoode Hall Law School, York University, LLB

University of British Columbia, BA

Mr. Scott D. Marrs

Professional Experience

Scott Marrs has over 20 years of experience in arbitration, litigation and legal counseling in international, energy (oil and gas exploration, production, transportation, storage, power, petrochemical, energy marketing, well service), intellectual property (patent, trademark, copyright, trade secrets and covenant not to compete litigation), commercial, product liability and international matters in state and federal courts, and in national and international arbitrations.

Dispute Resolution Experience and Training

  • Arbitrator in complex commercial contract matter involving engineering, design and project management issues in mining and energy industries.
  • Arbitrator in multi-million dollar energy matter regarding commercial contract in natural gas recycling, extraction, green energy business and allegations of contract breach and fraud.
  • Arbitrated 9-figure international disputes involving complex contractual and governmental issues regarding acquisition and divestiture of oil and gas interests in South America.
  • Arbitrator on energy panel in multi-million dollar action involving contract and financial issues relating to acquisition and divestiture of numerous producing oil and gas properties.
  • Arbitrator on commercial panel in breach of commercial contract action with associated fraud counterclaims involving stock and insurance issues.
  • Arbitrated claims by independent oil and gas producers in multi-million dollar action involving drilling companies in commercial transaction disputes.
  • Represented international oil field services company in disputes involving Middle Eastern contracts.
  • Represented natural gas pipeline company regarding $200 million acquisition dispute with energy a company.
  • Arbitrated multi-million dollar intellectual property disputes between an international medical device company and an inventor/surgeon.
  • Represented investors in disputes with exploration company involving foreign oil and gas fields.
  • Arbitrated a major investment matter for an international brokerage house involving alleged losses by a group of high net worth businessmen.
  • Represented energy client in disputes involving Russian oil interests.
  • Retained as intellectual property expert in a copyright and trademark arbitration involving two competing international chair manufacturers.
  • Represented oil and gas company in disputes involving allegedly defective land rigs.
  • Represented exploration & production company in various royalty lawsuits.
  • Represented French supplier of industrial gases in federal jury trial involving commercial contract disputes.
  • Represented a Dutch equipment manufacturer to resolve various international and commercial issues.
  • Represented international chemical company in $30 Million commercial contract dispute
Professional and Other Activities

Arbitrator with: BCICAC, AAA, ICC, CPR, and LCIA
International Institute for Energy Law – Advisory Board
International Association of Defense Counsel – ADR Committee (Co-Chair)
American, Texas and Houston Bar Foundations – Fellow
Speaker: “Harness the Power of Arbitration to Obtain A Successful Award,” 2013 ALM Course, High Stakes Litigation (NYC)
Speaker: “Comparing and Contrasting Major European and American Arbitral Forums,” 2013 IADC Annual Meeting (Hawaii)
Speaker: “Getting Your Mojo Back Regarding Arbitration,” 2012 Trial Network Litigation Mgmt Supercourse (NYC)
Author: AAA, JAMS and CPR Comparison Chart, Practical Law Jrnl (Feb 2014)
Author: “Arbitration Confidentiality,” Texas Bar Journal (Feb. 2014)
Author: “10 Major Arbitration Issues Recently Addressed By Courts,” Dispute Resolution Jrnl (Aug 2009)

Academic Qualifications

2013 Top Rated Lawyer in Alternative Dispute Resolution, American Lawyer Media
Texas’ “Top Rated Lawyer,” Martindale, 2012, 2014
“Texas Super Lawyer,” 2004, 2006-2014
“Houston’s Top Lawyers,” H Texas Magazine, 2007-2012, 2014
“Top 40 Texas Lawyers Under 40,” Texas Lawyer, 2001
Houston Lawyer Award, Outstanding Legal Article of the Year, 1993
Hirsch, Glover, Robinson & Sheiness Award, Excellence in Insurance Law, 1989

Michael P. Carroll

Professional Experience

Michael Carroll, QC, is counsel to the firm DLA Piper. Throughout his career he has practised general litigation with an emphasis on commercial and corporate disputes. He has appeared in cases at all trial and appellate levels including the B.C. Supreme Court and Court of Appeal, Supreme Court of Canada, Federal Court of Canada, Superior Court and Court of Appeal of Québec, Court of Queen’s Bench of Alberta and the Supreme Courts of the Northwest Territories and Yukon. He has also appeared before an international panel of arbitrators in Washington, D.C., in a dispute under the North American Free Trade Agreement. Since January 2007, his practice has focused on domestic arbitration and mediation. Originally from Montréal, Michael began practicing in Québec in 1968 where he was a partner in the firm of Martineau Walker until 1980 when he moved to Vancouver. Michael was the managing partner of DLA Piper (Canada) LLP from 1986 through 1989.

Dispute Resolution Experience and TrainingMediation Experience

Michael has acted as Mediator in over 100 disputes in a wide variety of commercial matters including claims involving multiple Plaintiffs and Defendants. Some examples are Real Estate ( REDMA, Strata Property Act claims) construction law, Professional Liability of accountants and lawyers, claims for breach of contract, fiduciary duties, negligent and fraudulent misrepresentation, Forestry Act disputes, and bankruptcy and insolvency priority claims.

Arbitration Experience

Michael has acted as a sole arbitrator and chaired arbitration panels in Alberta and British Columbia in numerous commercial disputes. Examples are claims for breach of contract or fiduciary duties, negligent and fraudulent misrepresentation claims, Professional Partnership disputes, employment law matters, and disputes between doctors and Provincial Health Authorities.

Training

Has attended mediation training sessions conducted by CLE and Dispute Resolution Inc and Arbitration training sessions conducted by the Western Canadian Commercial Arbitration Society.

Professional and Other Activities

  • Appointed Queen’s Counsel, 1996
  • Best Lawyers in Canada (Alternative Dispute Resolution), 2006-2017
  • Expert Guides: Guide to the World’s Leading Litigation and Product Liability Lawyers, 2014
  • AV® Preeminent™ Peer Review Rated by Martindale Hubbell
  • President, Golf Canada, 2013
  • Chair, Air Canada Championship (PGA Tour golf tournament), 2000-2002
  • Director, Physical Medical Research Foundation, 2000-2003
  • Director, Tantalus Management Inc., 2000-2005
  • Member, Advisory Board, Willis Canada Inc., 2002-2006
  • Member, Arbutus Club, Vancouver, B.C.
  • Member, Pt. Grey Golf Club, Vancouver, B.C.
Academic Qualifications

LL.L., Laval University, 1967
B.A., McGill University, 1964