Lawyer Profile Detail
AREA OF EXPERTISE
University of British Columbia
British Columbia, 2004
Michael Feder is a partner in our Litigation Group. A highly versatile litigator, he acts in both commercial and public law disputes and practices nationally 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, Bosch, Huawei, Sprott, Tahoe Resources, Navistar, ING Bank, the Canadian Chamber of Commerce, Canadian Manufacturers & Exporters and Rothmans, Benson & Hedges.
Michael is widely acknowledged as a leading litigator across multiple specialties. Chambers Canada: Canada’s Leading Lawyers for Business describes Michael as “frequently engaged in shareholder disputes”, having “impressive experience in product liability and class actions” and “noted for his constitutional law capabilities”. In the 2018 edition of Chambers Canada, Michael is one of only two lawyers in the country cross-listed as a leading lawyer in both general commercial litigation and product liability litigation.
In addition, Michael is listed in the 2018 edition of The Best Lawyers in Canada in the areas of corporate and commercial litigation, product liability law and appellate practice; ranked in the 2017 edition of Euromoney’s Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a “Litigation Star (With Honors)" for commercial litigation and product liability cases; 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. The Best Lawyers in Canada also named him Product Liability Law Lawyer of the Year in its 2018 edition.
Chambers Global: The World’s Leading Lawyers for Business 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”. According to Chambers Canada, “clients commend his ingenuity and describe him as ‘very insightful and very creative’”; “[o]ne client enthused: ‘He is exceedingly bright,’ adding that ‘his written work is first class, as is his oral presentation. He is a very strong advocate.’”
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 27 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, access to information 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 is 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 served also 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 Federation of Law Societies of Canada, 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