Recognized nationally as a leading dispute resolution lawyer by Chambers, Benchmark, Lexpert and more — including the Top 100 Women in Canada since 2022 — Vancouver-based Michelle Maniago is a go-to for complex commercial litigation, class actions, appeals and arbitration.
Michelle is known for her highly personable, intellectually rigorous and unfailingly practical approach to novel, complicated and high stakes disputes. She has experience across a range of industries, practice areas, claims and jurisdictions, including defence of national and global brands in high-profile provincial, national and multi-jurisdictional class actions.
The resulting decisions are well-known precedents, particularly in consumer protection, privacy and competition. She has experience with all aspects of litigation, from early resolution through to multi-week trials and high-stakes appeal. She works closely with in-house client teams to find solutions to their disputes in a timely and cost-efficient way.
Michelle’s specialized knowledge covers:
- Competition law, including advertising, price-fixing and bid-rigging.
- Consumer protection law, including class actions related to alleged defective products and alleged misleading representations.
- Financial services and investment management, including credit card insurance products, foreign exchange transaction costs, Ponzi schemes and mutual fund-related management fees.
- Corporate governance and plans of arrangement.
- Privacy law, including access to information requests, compliance with privacy and data protection legislation and privacy breach class actions.
- International evidence collection (including enforcement of letters rogatory).
She has appeared as counsel before courts across Canada in both trial level and appellate proceedings; regulatory proceedings before privacy and consumer protection regulators; and in arbitration proceedings before domestic and international tribunals.
Michelle is the regional general manager for the commercial and construction disputes group in Vancouver; a regional lead for BLG’s Appellate Litigation group; a key contact for BLG’s Class Actions group; and co-chair of BLG’s national disputes training program for associates and partners. She is a leader in technology-assisted and virtual hearings, and, in 2012, was one of the first counsel in British Columbia to conduct an e-trial. Michelle completed a one-year judicial clerkship at the BC Court of Appeal. She also received Osgoode Hall's prize for constitutional litigation.
Michelle fournit des services juridiques par l’intermédiaire d’une société professionnelle.
Experience
- Defended non-party retailers against non-party document production application and obtained costs for abandoned application: 2024 BCSC 1975.
- Defended HSBC Bank Canada and obtained dismissal of a certification application in a proposed class action respecting management fees of certain mutual funds: Gibbs v. HSBC Global Asset Management (Canada) Limited, 2022 BCSC 1291, 2023 BCSC 1152 and 2024 BCSC 324. Costs also awarded to the defendant in respect of a portion of the certification application: 2024 BCSC 536.
- Defended hotel management company in respect of proposed class action for claims for liability to customers whose personal information may have been compromised in a criminal cyber breach of a customer database. Plaintiff’s application for certification dismissed: K.W. v. Accor Management (Canada) Inc., 2023 BCSC 1149.
- Defending TransLink in an action advancing claims on behalf of a proposed class whose personal information may have been subject to access by criminals in a ransomware cyber breach: G.D. v. South Coast British Columbia Transportation Authority, 2023 BCSC 958 rev’d 2024 BCCA 252.
- Defending a video game publisher in a proposed class action relating to consumer claims – ongoing: Sutherland v. Electronic Arts, 2023 BCSC 372 and 2024 BCSC 2022.
- Defended 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. Recent decisions include David v. Loblaw, 2021 ONSC 7331, Ravvin v. Canada Bread Company, Limited, 2020 ABCA 424, and Fantov v. Canada Bread Company, Limited, 2019 BCCA 447.
- Defended Coast Capital Savings Credit Union in a class action that alleged breaches of consumer protection legislation relating to an alleged failure to disclose foreign exchange conversion surcharges for withdrawing foreign currency from ATMs located outside of Canada. Settlement reached on eve of common issues trial; application to approve settlement granted in fall 2022.
- Defended HSBC Bank Canada in a class action alleging a duty to warn non-customers and other third parties: Jastram Properties Ltd. v. HSBC Bank Canada, 2021 BCSC 2204. Settlement approved prior to common issues trial: 2024 BCSC 1833.
- Defended Mitsubishi Materials Corporation and other companies, successfully defeating certification of claim by indirect purchasers of components and materials used in the automotive supply chain, involving claims under consumer protection legislation, Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879.
- Acted for one of three siblings in shareholder dispute, Dais v. Virvilis, 2020 BCSC 35.
- 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 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. Matter has settled, and application to approve settlement pending. Recent decisions include Paladin Labs Inc. v. British Columbia, 2022 BCCA 365.
- Defending Danny LaSante in an ongoing environmental class action, including 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). Other recent decisions include 2023 BCCA 28.
- 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.
- Defended The Bank of Nova Scotia in a dispute regarding responsibility for forged cheques. Successfully defended on appeal the lower court decision dismissing the action. D2 Contracting Ltd. v. The Bank of Nova Scotia, 2016 BCCA 366.
- 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 (March 17, 2016).
- Acted as litigation counsel to Almaden Minerals Ltd. in an arrangement to spin-out royalty assets and create of Almadex Minerals Limited.
- Successfully resisted pre-certification document production for Monessen Canada. Cantlie v. Canadian Heating Products Inc., 2014 BCSC 228.
- 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 B.C. 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 (January 17, 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.
- Defended non-party retailers against non-party document production application and obtained costs for abandoned application: 2024 BCSC 1975.
- Defended HSBC Bank Canada and obtained dismissal of a certification application in a proposed class action respecting management fees of certain mutual funds: Gibbs v. HSBC Global Asset Management (Canada) Limited, 2022 BCSC 1291, 2023 BCSC 1152 and 2024 BCSC 324. Costs also awarded to the defendant in respect of a portion of the certification application: 2024 BCSC 536.
- Defended hotel management company in respect of proposed class action for claims for liability to customers whose personal information may have been compromised in a criminal cyber breach of a customer database. Plaintiff’s application for certification dismissed: K.W. v. Accor Management (Canada) Inc., 2023 BCSC 1149.
- Defending TransLink in an action advancing claims on behalf of a proposed class whose personal information may have been subject to access by criminals in a ransomware cyber breach: G.D. v. South Coast British Columbia Transportation Authority, 2023 BCSC 958 rev’d 2024 BCCA 252.
- Defending a video game publisher in a proposed class action relating to consumer claims – ongoing: Sutherland v. Electronic Arts, 2023 BCSC 372 and 2024 BCSC 2022.
- Defended 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. Recent decisions include David v. Loblaw, 2021 ONSC 7331, Ravvin v. Canada Bread Company, Limited, 2020 ABCA 424, and Fantov v. Canada Bread Company, Limited, 2019 BCCA 447.
- Defended Coast Capital Savings Credit Union in a class action that alleged breaches of consumer protection legislation relating to an alleged failure to disclose foreign exchange conversion surcharges for withdrawing foreign currency from ATMs located outside of Canada. Settlement reached on eve of common issues trial; application to approve settlement granted in fall 2022.
- Defended HSBC Bank Canada in a class action alleging a duty to warn non-customers and other third parties: Jastram Properties Ltd. v. HSBC Bank Canada, 2021 BCSC 2204. Settlement approved prior to common issues trial: 2024 BCSC 1833.
- Defended Mitsubishi Materials Corporation and other companies, successfully defeating certification of claim by indirect purchasers of components and materials used in the automotive supply chain, involving claims under consumer protection legislation, Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879.
- Acted for one of three siblings in shareholder dispute, Dais v. Virvilis, 2020 BCSC 35.
- 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 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. Matter has settled, and application to approve settlement pending. Recent decisions include Paladin Labs Inc. v. British Columbia, 2022 BCCA 365.
- Defending Danny LaSante in an ongoing environmental class action, including 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). Other recent decisions include 2023 BCCA 28.
- 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.
- Defended The Bank of Nova Scotia in a dispute regarding responsibility for forged cheques. Successfully defended on appeal the lower court decision dismissing the action. D2 Contracting Ltd. v. The Bank of Nova Scotia, 2016 BCCA 366.
- 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 (March 17, 2016).
- Acted as litigation counsel to Almaden Minerals Ltd. in an arrangement to spin-out royalty assets and create of Almadex Minerals Limited.
- Successfully resisted pre-certification document production for Monessen Canada. Cantlie v. Canadian Heating Products Inc., 2014 BCSC 228.
- 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 B.C. 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 (January 17, 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.
