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Michelle has a robust litigation practice, with significant expertise in the areas of class actions, civil litigation, arbitration and appeals. She focuses on complex commercial and corporate disputes.
Additionally, Michelle has specialized knowledge in a variety of areas, including:
corporate governance
advertising and competition law
consumer protection law
plans of arrangement
privacy law (including access to information requests and compliance with privacy and data protection legislation)
Michelle has appeared as counsel before the British Columbia Court of Appeal (BCCA), the Supreme Court of British Columbia (BCSC), the Alberta Court of Queen’s Bench, the BC Privacy Commissioner, the Federal Privacy Commissioner, and the Youth Justice (Criminal) Court. She also has appeared as counsel before both domestic and international arbitration tribunals. She has extensive experience in the defence of provincial and national class proceedings.
Michelle is currently one of the regional leads for BLG’s Appellate Advocacy Group and very active with BLG’s Class Actions and Arbitration groups. Prior to beginning her articles at BLG, Michelle completed a one-year judicial clerkship at the BCCA.
During law school, she completed Osgoode Hall's Intensive Program in Aboriginal Lands, Resources and Government. As part of that program, Michelle spent two months in New Zealand developing a legally focused rehabilitation program for maximum-security prisoners who were about to be released from custody. She also received Osgoode Hall's class prize for constitutional litigation.
Experience
Acted for BC Hydro and Power authority in a judicial review arising from a freedom of information request: British Columbia Hydro and Power Authority v. British Columbia (Information and Privacy Commissioner), 2019 BCSC 2128.
Defending Loblaw Companies Limited and George Weston Limited (and related corporate entities) in proposed class actions across Canada, including in British Columbia, Alberta, and Ontario, in which price-fixing allegations in respect of wholesale and retail sales of fresh commercial bread are made.
Defending Purdue Pharma, the manufacturer of OxyContin, in the proposed class action in which the government of British Columbia seeks to represent the federal government and the governments of other provinces and territories to recover damages and health care costs from some 40 defendants who are manufacturers, distributors or retailers of opioid pain medications.
Defended Danny LaSante in an environmental class action, successfully overturning the majority of the certification order on appeal: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111., leave to appeal to Supreme Court of Canada denied (October 17, 2019).
Acted as litigation counsel to Pan American Silver in an arrangement involving a $1.1 billion transaction with Tahoe Resources.
Defended the Bank of Nova Scotia against a consumer class action relating to sales of credit card balance protection insurance, resulting in the certification being dismissed: Sekhon v. Royal Bank of Canada, 2017 BCSC 497.
Acted as litigation counsel to Pan American Silver Corp. in an arrangement involving the sale of a royalty, stream and payment agreement portfolio to Maverix Metals Inc.
Defended United Furniture Warehouse against a consumer class action. Certification application dismissed. Result affirmed on appeal. Marshall v. United Furniture Warehouse Limited Partnership, 2013 BCSC 2050, affirmed 2015 BCCA 252, leave to appeal to Supreme Court of Canada denied with costs (17 March 2016).
Acted as litigation counsel to Almaden Minerals Ltd. in an arrangement to spin-out royalty assets and create of Almadex Minerals Limited.
Successfully defended RBC Royal Bank in a complex contractual, banking and secured transaction/priority dispute (Personal Property Security Act) in five-week trial. CFI Trust v. Royal Bank of Canada, 2013 BCSC 1715, and costs outcome 2014 BCSC 53.Notably, this trial was the first in BC to be conducted almost exclusively with electronically-presented evidence.
Defended Mazda Canada and its authorized B.C. dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification; proceeding dismissed as disclosing no cause of action: Koubi v. Mazda Canada, 2010 BCSC 650 and 2011 BCSC 59, rev'd 2012 BCCA 310, leave to appeal to Supreme Court of
Canada denied with costs (17 January 2013).
Acted for clients in domestic and international arbitrations involving complex contractual interpretation.
Acted for clients in breach of contract claims.
Acted for clients in a variety of procedural matters, including striking pleadings, obtaining interpleader relief, and contesting pre-judgment garnishments..
Acted for clients in privacy-related matters, including dealing with access to information requests and compliance with privacy and data protection legislation.
Acted for shareholder clients in shareholder oppression claims.
Acted for company client in directors' liability claim.
Acted for clients to obtain approval of corporate plans of arrangement.
Acted for clients to rectify past corporate mistakes or omissions.
Acted for clients to enforce foreign Letters Rogatory in B.C., to obtain evidence from witnesses in the province.
Acted for clients to obtain Letter of Request from British Columbia Courts, to obtain evidence from witnesses in the U.S.
Author, "British Columbia Aligns International Commercial Arbitration Legislation with UNCITRAL Model Law 2006," International Law Office Newsletter, May 2018
PUBLICATION
"A Changing Landscape in Consumer Class Actions in British Columbia (and Beyond)," Class Action Defence Quarterly, Vol.10, No. 2, (LexisNexis) December 2015.
PUBLICATION
"Arbitral Institutions," Continuing Legal Education Society Of B.C. (CLEBC)
PRÉSENTATION
Presenter and panelist, "Arbitral Institutions," Continuing Legal Education Society of B.C. (CLEBC), April 2017
PRÉSENTATION
Author, "Best Practices for First Procedural Orders," ADR Perspectives, December 2016
PUBLICATION
PRÉSENTATION
PRÉSENTATION
PRÉSENTATION
Co-author, " B.C. Court of Appeal Overturns Class Certification in Patents Case, Finding Patent Regime to be Complete Code in Respect of Remedies," Risk Management in Canadian Health Care, February 2016.
PUBLICATION
Co-Author, " B.C. Court of Appeal Overturns Class Certification in Patents Case, Finding Patent Regime to be Complete Code in Respect of Remedies," Risk Management in Canadian Health Care, February 2016
PUBLICATION
Co-author, "Court Reaffirms Application of Res Judicata and Issue Estoppel to Commercial Arbitrations," International Law Office Newsletter, February 2016
PUBLICATION
Co-Author, "Shareholder Rights, Remedies and Proceedings" chapter, British Columbia Company Law Practice Manual, The Continuing Legal Education Society of British Columbia (CLE BC), 2009, 2011 and 2016
PUBLICATION
Co-Author, "A Changing Landscape in Consumer Class Actions in British Columbia (and Beyond)," Class Action Defence Quarterly, Vol.10, No. 2, (LexisNexis) December 2015
PUBLICATION
Co-Author, "Obtaining Evidence from Canada: Enforcing Letters Rogatory North of 49," Lexpert, December 2013
PUBLICATION
Secretary, Class Action Practice Group, The Advocates Society (2020-2021)
Member-at-Large, Class Action Practice Group, The Advocates Society (2019-2020)
Director, ADR Institute of Canada (ADRIC) 2016 - 2019
Chair, ADRIC Under 40 Forum 2018 - 2019
Chair, ADRIC Corporate Advisory Board 2018 - 2019
Member, Law Society of British Columbia
Member, Vancouver Bar Association
Member, Young Canadian Arbitration Practitioners
Member, Young International Arbitration Group
Member, International Bar Association
Community Involvement
Member, Sea-to-Sky Wind Ensemble
Volunteer, BLG Reads to Kids Program
Awards & Recognitions
Recognized in the 2020 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Litigation Star" in class actions, commercial and competition/antitrust disputes.
Recognized in the 2019 edition (and since 2017) of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star."
Recognized in the 2020, 2019, 2018 and inaugural 2017 editions of the Benchmark Canada 40 and Under Hotlist.
Recognized in the 2018 edition (and since 2015) of Expert Guides®'s Rising Stars as a "Rising Star" in Commercial Arbitration.
Bar Admission & Education
Colombie-Britannique, 2008
LLB,
Faculté de droit Osgoode Hall de l'Université York, 2007
BA (History and Political Science, First-Class Distinction),
Université de la Colombie-Britannique, 2004
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