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

Mary M. MacKinnon

Professional ExperienceMary Margaret’s practice focuses on the defence of personal injury and sexual abuse claims. She is counsel to a number of national religious institutions, and provides advice on the formation and implementation of policies for responding to allegations of sexual abuse or sexual harassment.

Mary Margaret also acts for schools and school boards – both defending claims and providing workshops and advice on areas of risk management.

Mary Margaret has also been defence counsel for numerous municipalities for over thirty years. She also acts as defence counsel in complex multi-party aviation litigation. She appears regularly as counsel in the British Columbia Supreme Court and British Columbia Court of Appeal.

Dispute Resolution Experience and Training

  • Mediator in approximately 20 disputes.
  • Counsel for the Plaintiffs in a complex multi-party lawsuit involving the collapse of a large financial institution.
  • Counsel for a number of religious institutions in a large number of sexual abuse claims including extensive experience in residential school claims.
  • Counsel for various municipalities in person injury and property damage claims. Defence of a number of aviation insurers in British Columbia involving product liability and personal injury claims.
  • Provides advice on employment matters to a number of corporate clients.
  • Appears frequently in the Court of Appeal for this firm and on referral from other firms.
Professional and Other Activities

  • Member, Law Society of British Columbia, Yukon, and also appears in the Northwest Territories and Nunavut
  • Member, Canadian Bar Association – Past President, Insurance Law Section Past Executive Committee Vancouver Bar Association
  • Advisory Committee to the Judicial Council – B.C. Bar Association Lecturer – CLE, PLTC, Canadian Institute
Academic Qualifications1984 — 1985 Gonville & Caius College University of Cambridge, Cambridge, England LL.M.
1981 — 1984 University of Victoria Faculty of Law LL.B.
1980 — 1981 Universite de Perpignan, Perpignan, France Diplome des Etudes Francaises
1978 — 1980 University of British Columbia Faculty of Arts B.A.

Pierre Brossoit

Professional Experience

With over 30 years’ experience, Pierre Brossoit is frequently involved in complex, high-stakes cases.

Business clients also appreciate his rich experience and consult him for strategic advice or to review, interpret and negotiate commercial agreements.

Since 2015, Mr. Brossoit is regularly retained by law firms to act as arbitrator in various private litigation matters. He is accredited as an arbitrator by the Institut de médiation et d’arbitrage du Québec (IMAQ).

In January 2019, he was appointed as one of the 13 Experts authorized to rule on contested claims filed by contractors and sub-contractors pending the completion of construction contracts with the Quebec Government.

Although arbitration and mediation are an important part of his practice, Mr. Brossoit also maintains his litigation practice.

Dispute Resolution Experience and TrainingHis diversified experience allows Mr. Brossoit to respond assuredly and rapidly to a variety of situations:

  • acting, for plaintiff or defendant, in emergency proceedings such as injunctions, applications for safeguard orders and seizures before judgment;
  • filing complex claims in areas such as construction and real estate;
  • representing businesses and institutions in their defence against class actions;
  • preparing and pleading lengthy cases;
  • setting the stage for the negotiation of amicable settlements.

For instance, Mr. Brossoit:

  • provides counsel and judicial representation to passenger transportation companies;
  • assists a major Quebec real estate financing player in setting up and implementing real estate projects;
  • represents plaintiffs and defendants alike, in major and complex claims related to construction;
  • advises contractors and cities on all aspects related to call for tenders;
  • appears on behalf of education institutions in injunctions or claims arising from allegations of discrimination and responsibility towards students.

As an accredited arbitrator, Mr. Brossoit is a member of the Groupe d’arbitrage — Juste décision (GAJD), specializing in alternative dispute resolution methods such as mediation and arbitration.

He has frequently sat as an arbitrator, especially in cases arising from Quebec’s guarantee plan for new residential buildings. His decisions are available on GAJD’s website, at <www.gajdarbitrage.ca>.

Professional and Other Activities

  • Bar of Quebec: member of the Arbitration committee on advocates’ fee invoices (2015–)
  • Bar of Quebec: member of the Discipline committee (2000–2010)
  • Bar of Montréal: chairman for the election of the bâtonnier and council members (2004–2005)
  • Institut de médiation et d’arbitrage du Québec (IMAQ)
  • Accredited mediator and arbitrator, British Columbia Commercial Arbitration Centre
Academic QualificationsLicentiate of Laws (LL.L.), University of Ottawa, 1986