Lawyer Profile Detail
AREA OF EXPERTISE
University of British Columbia
British Columbia, 2004
Michael Feder is a partner in our Litigation Group. He acts in complex commercial and public law litigation and practices nationally in the product liability and class actions 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 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; 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; and ranked in the 2017 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 Michael is "unanimously revered" by peers and clients and that he "has gone from being a 'breakout star' at McCarthy's to the lawyer that everyone in BC is talking about". Benchmark Canada has also stated that Michael gets some of McCarthy’s "best work across the country”.
Michael has acted in 26 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, freedom of religion 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.
Supreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals
Update on Ontario Securities Commission Staff Notice 51-720 — Issuer Guide for Companies Operating in Emerging Markets
A Primer on Contractual Interpretation
Critical Case Update
"The Elusiveness of a Workable Test": Government Liability for Negligence
Deals: Making & Breaking Them
Historic Defamation Decision Recognizes New Defence: Responsible Communication on Matters of Public Interest
DRAM — Part II: BC Court of Appeal Certifies Class Proceeding for Purchasers of Products containing Electronic Memory Device
No Bright-Line Distinction between Derivative and Oppression Claims
Civil Litigation in British Columbia: a Primer
Transactions & Cases