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Université de la Colombie-Britannique
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Michael Feder is a partner in our Litigation Group. He acts in complex commercial disputes, including arbitrations, as well as in regulatory, constitutional and other public law matters. He has a national practice in the product liability and class action fields. He has handled significant litigation mandates for a wide variety of clients, including Philip Morris International, Enbridge, Glencore, Takata, Viterra, Bosch, Huawei, Sprott, Tahoe Resources, the Canadian Chamber of Commerce, Canadian Manufacturers & Exporters and Rothmans, Benson & Hedges.
Every major legal directory has recognized Michael as a leading litigator. He has been listed in both Chambers Global: The World’s Leading Lawyers for Business and Chambers Canada: Canada’s Leading Lawyers for Business as a leading lawyer in dispute resolution. Michael is also listed in the 2017 edition of The Best Lawyers in Canada in the areas of corporate and commercial litigation, product liability law and appellate practice; listed in the 2017 edition of The Legal 500 in the area of dispute resolution; ranked in the 2017 edition of Euromoney’s Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a “Litigation Star” for commercial litigation and product liability work; and ranked in the current edition of The Canadian Legal Lexpert Directory in the areas of public law litigation and product liability litigation.
In 2017, Michael received Benchmark Canada's award for British Columbia Litigator of the Year; he was previously nominated twice for its Emerging Talent of the Year award.
Chambers Global has stated that Michael “writes superbly well, brings a great deal of rigour and thought to his submissions and is extremely quick in oral argument – he has a great presence in the courtroom”. Chambers Canada reports that clients describe Michael as a "very intelligent and very thoughtful practitioner" and that he is "well regarded for the broad scope of his litigation practice", which includes "various precedent-setting constitutional cases". Chambers Canada has also stated that Michael is "very bright" and that his "technical litigation pleadings" are impressive.
According to Martindale-Hubbell, peers describe Michael as “terrific”; they say he is an “incredibly bright and knowledgeable lawyer” and a “persuasive advocate” with “strong analytical skills”. Benchmark Canada states that “a resounding number of peers give the nod to Michael Feder, a former future star whose sharply elevated profile [sees] him joining the ranks of partners far his senior as a litigation star. ‘He is one of the best in that [Vancouver] office and is also getting some of McCarthy’s best work across the country.’”.
Michael has acted in 25 Supreme Court of Canada appeals, including as amicus curiae appointed by the Chief Justice of Canada to assist the court. These appeals cut across myriad subjects, including torts, class actions, privacy, civil procedure, health, freedom of expression, tax, privilege, freedom of information, standing and administrative law. Michael was lead counsel for the successful appellant in the leading Canadian case on contractual interpretation, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53,  2 S.C.R. 633.
Michael has presented to the ADR Institute of Canada, The Advocates’ Society, the American Academy of Appellate Lawyers, the American Bar Association, the Association of Corporate Counsel, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Corporate Counsel Association, the Canadian Tax Foundation, the Construction Sector In-House Counsel Forum, the Continuing Legal Education Society of British Columbia, Insight, Osgoode Professional Development, the University of British Columbia Faculty of Law and the University of Victoria Faculty of Law on a wide variety of topics.
Michael is a contributing author of Dispute Resolution Clauses in International Contracts: A Global Guide (Zurich: Schulthess, 2013) and serves on the board of the Public Law & Litigation Journal published by the Canadian Institute.
Michael received his BA and LLB from the University of British Columbia, from which he graduated as a Wesbrook Scholar.
Prior to joining the firm, Michael clerked for the Honourable Mr. Justice Major of the Supreme Court of Canada, and for the Honourable Madam Justice Huddart and Mr. Justice Oppal of the Court of Appeal for British Columbia.
Michael serves as an Executive Director of the Supreme Court Advocacy Institute, which provides advocacy advice to lawyers scheduled to appear in Supreme Court of Canada appeals. Since 2011, he has also served as an advocacy advisor to the Institute. Michael serves as well as a member of the Law Society of British Columbia's Discipline Committee.
Michael is a member of the firm’s National Inclusion Committee.
Michael has acted pro bono in significant litigation for an array of local, national and international public interest organizations, including the British Columbia Civil Liberties Association, HIV & AIDS Legal Clinic Ontario, CACTUS Montréal, Pivot Legal Society, the Canadian HIV/AIDS Legal Network, the BC Freedom of Information and Privacy Association, Community Legal Assistance Society, Council for Canadians with Disabilities and Harm Reduction International. He has also represented the Secretariat of the Joint United Nations Programme on HIV/AIDS before the Supreme Court of Canada. In 2013, the firm received the British Columbia Civil Liberties Association’s Liberty Award in recognition of exceptional contributions made by Michael and other members of the firm to human rights and civil liberties in Canada.
Parus sur nos blogues
Critical Case Update
« Élaboration d’un critère utile » : La responsabilité pour négligence du gouvernement
Une décision historique en matière de diffamation reconnaît une nouvelle défense : la communication responsable concernant des questions d’intérêt public
DRAM — Deuxième partie : La Cour d’appel de la Colombie-Britannique certifie un recours collectif pour les acheteurs d’appareils contenant une mémoire électronique
Aucune distinction nette entre les actions obliques et les recours en cas d’abus
Les actionnaires ne peuvent toujours pas poursuivre lorsque la société subit des préjudices
Décision de la Cour suprême du Canada dans R. c. Morris - Limites de la réglementation provinciale des droits issus de traités
Les employés bénéficiaires d’une fiducie ne peuvent mettre fin au régime de retraite de leur entreprise — Un litige en matière de droit fiduciaire
Transactions et causes