Background

Michael Skene is a partner at our Vancouver office. Michael was admitted to the British Columbia Bar in 1993. He is a graduate of the University of Cambridge with a Master of Laws in 1995 and received a Bachelor of Laws from the University of Toronto in 1992. He also received a Bachelor of Commerce (Hons.) from the University of British Columbia in 1992.

Areas of Practice

• Michael practises in the areas of construction and surety law, media law and defamation, and commercial litigation.
• Michael has successfully represented clients before various tribunals, provincial and superior courts, and in the Supreme Court of Canada.

Rankings and Recognitions

• Selected by peers for inclusion in the 2012 edition (and since 2010) of The Best Lawyers in Canada (Defamation and Media Law)
• Martindale-Hubbell BV Peer Review Rating

Professional Experience

• Has extensive experience in substantial construction disputes of all kinds, representing sureties, owner-developers, contractors, subtrades, and lenders. Some representative matters include:
  • Brilliant Expansion Project- counsel for the general contractor pursuing complex construction claims (Project value $116+ million).
  • Lulu Island and Annacis Island Wastewater Treatment Plants - counsel for the general contractor in complex delay and productivity claims against the owner and engineers, and in numerous contract, tort, builders lien and trust claims against subtrades and suppliers (Project value $280+ million).
  • Skytrain Millenium Line – counsel for an international consortium pursuing significant delay and productivity claims (Project value 272+ million).
  • UBC Thunderbird Student Housing – counsel for contractor and surety pursuing delay and productivity claims and defending water-ingress claims with respect to a ten-building project.
  • UBC Chan Centre – counsel for contractor pursuing delay and productivity claims.
• Also has extensive experience in all aspects of media and defamation law, including pre-broadcast and pre-publication advice, obtaining access to Court documents, setting aside publication bans, and pursuing and defending libel claims. Some representative matters include:
  • R. v. Malik and Bagri (Air India) - various media applications for print and television media.
  • R. v. Pickton – successfully opposed an application by the accused to close the Courtroom to the public and to the media.
  • R. v. Trott, R. v. Ertmoed – obtained access to court files regarding videotaped confessions in murder cases.
  • Anumba v. The Minister of Employment and Immigration – set aside publication ban and court closure regarding refugee claimant fearing persecution by headhunters.
  • Ironworkers Local 97 v. Gordon Campbell, the Liberal Party of B.C., Southam Inc. and Brian Kieran – defence co-counsel in a libel claim, resulting in dismissal of claim following trial.
• The remainder of his practice involves the resolution of various commercial disputes through litigation, arbitration and mediation.

Professional and Community Activities

• Speaking engagements include:
• Construction and Surety
  • Emerging Issues in Construction Law (March 2011), Canadian Construction Association Annual Conference at Kohala, Hawaii.
  • Construction in Challenging Times:  Insolvency, Pre-Sales, Warranties, Priorities and Strategies to Manage Default Risks (April 9, 2010), Construction Law 2010 Conference, The Continuing Legal Education Society of BC, Vancouver, BC
  • Bonds and Subcontractor Default Insurance (April 16, 2008), MMPI Construction Law Conference, Calgary, Alta.
  • Setting Up the Successful Request for Proposals (January 31, 2008), The Canadian Institute Public Procurement Conference, Vancouver, B.C. (with D.R. Sanders).
  • Recent Trends in Construction Liability (November 27, 2007), Project Management Conference, Yellowknife, N.W.T.
  • Construction Securities and Bonding (November 27, 2007), Project Management Conference, Yellowknife, N.W.T.
  • Managing Schedules and Delays (November 6, 2007) Pacific Business and Law Instit ute Conference, Vancouver, B.C.
  • Managing and Resolving Construction Disputes (June 28, 2007) Client seminar for BC Hydro.
  • The World After Lac La Ronge (September 20, 2005), Annual General Meeting of the Surety Association of Canada at Toronto, Ontario.
  • Strategies to Avoid and Resolve Construction Disputes (March 2001), Canadian Construction Association Annual Conference at Orlando, Florida.
  • Builders Lien Seminar - update on the new Act (March 1998), Canadian Bar Association, Real Property Section ( British Columbia ).
• Media Law and Defamation
  • Responsible Communication: The New Libel Defence (June  5, 2010) Radio and Television News Directors Association Conference, Vancouver
  • Defamation and Contempt: Responsible Journalism (November 17, 2009), Canadian Press, Vancouver
  • Contempt, Publication Bans and Youth Offender Reporting (September 9, 2009), CTV News, Vancouver
  • Managing Risk in News Broadcasts (May 7, 2008), CTV News, Vancouver.
  • Recent Developments in Defamation Law (May 17, 2007), The Continuing Legal Education Society of British Columbia (with D.A. Crerar).
  • Access to Court Documents (October 10, 2006), University of British Columbia School of Journalism.
  • The Year in Review 2005: Publication Bans, Sealing Orders, Contempt and the YCJ Act (November 11-12, 2005), Ad Idem National Media Law Conference, Halifax, N.S.
  • Managing Defamation Risk: Pre-broadcast and Pre-publication Advice for Journalists (October 26, 2004), University of British Columbia School of Journalism.
  • Journalists, Confidential Sources and the Security of Information Act (February 25, 2004 ), Canadian Journalists for Free Expression forum as part of Freedom to Read Week, Vancouver.
  • Search Warrants and the Media (January 13, 2004), University of British Columbia School of Journalism.
• Publications:
  • "Canadian Defamation Verdicts: 2011 Update" (November 4-5, 2011), Ad Idem National Media Law Conference, Montréal, Québec (with C.L. Leggett)
  • "More Protection from Liability to Website Owners", Borden Ladner Gervais LLP Commercial Litigation Alert (25 October, 2011) (with C.L. Leggett and D.A. Crerar)
  • Continuing the Fight to Access Court Exhibits Across Canada (November 2010) Ad Idem National Media Law website and client update (with D.A. Crerar and J.J. Locke).
  • "Canadian Defamation Verdicts: 2010 Update" (November  6-7, 2010), Ad Idem National Media Law Conference, Toronto, Ontario (with E.A. Cooke)
  • How much trouble are you in when you cannot prove what you published? Recent applications of the new Responsible Communication defence in BC (18 June 2010) BLG Media Law Update (with J.J. Locke)
  • David Crerar & Michael Skene Hyperlinks to defamatory material on other websites may expose website owners to liability in defamation (The Lawyers Weekly (November 2009) and (Internet & E-Commerce Law Inc. Canada (November 2009) 10 I.E.C.L.C. 61)
  • "New Defamation Defence of Responsible Communication on Matters of Public Interest,"  Borden Ladner Gervais LLP Media and Defamation Commercial Litigation Alert (January 4, 2010) (with D.A. Crerar)
  • "Hyperlinks to Defamatory Material: Avoiding Liability," The Lawyers Weekly (November 20, 2009) (with D.A. Crerar)
  • "Canadian Defamation Verdicts: 2009 Update" (November 6-7, 2009), Ad Idem National Media Law Conference, Montréal, Quebec (with E.A. Cooke)
  • "Canadian Defamation Verdicts: 2008 Update" (November 7-8, 2008), Ad Idem National Media Law Conference, Ottawa, Ontario (with E.A. Cooke)
  • ‘'Canadian Defamation Verdicts: 2007 Update'' (November 1-2, 2007), Ad Idem National Media Law Conference, Toronto, Ontario (with E.A. Cooke)
  • "Public interest in the pursuit of Defamation", Media (Canadian Association of Journalists) (Spring 2007, Vol. 13, No. 1) (with D.A. Crerar).
  • "Trend set toward larger awards for defamation of corporations", The Lawyers Weekly (April 6, 2007) (with D.A. Crerar).
  • "Bonds" - a chapter in the British Columbia Builders Liens Practice Manual, The Continuing Legal Education Society of British Columbia (1999 - 2011).
  • Commercial Litigation Beyond the Pale: A Comparison of Extraterritorial Antisuit and Mareva Jurisdiction exercised by the Courts of England and British Columbia in Commercial Disputes (1996), 30 U.B.C. Law Rev. 1.
• Association Memberships:
  • Canadian Bar Association, American Bar Association, International Bar Association, Ad Idem Canadian Media Lawyers Association, Media Law Resource Centre, RTNDA Canada (Radio and Television News Directors Association).
  • Commercial Litigation Panellist, Inns of Court Program, Law Society of British Columbia (2002- 2011).