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Michael Libby, a partner at Dolden
Wallace Folick LLP, has
extensive experience as a litigator, and represents insurers in the defence of
liability claims, the prosecution of subrogated actions, and in addressing
complex coverage issues. His practice focuses
on the defence of liability claims against all manner of professionals,
commercial hosts, and the construction industry, as well as the defence of
large property loss claims, catastrophic injury, and employment law matters. He has appeared before all levels of
Court in British Columbia as well as the Alberta and Saskatchewan Courts of
Queen's Bench, and numerous administrative tribunals. Michael is a regular guest
instructor for the litigation component of B.C.'s Professional Legal Training
Course, is a past member of the executive committee of the Vancouver Bar
Association, and also serves as Program Coordinator for the British Columbia
Inns of Court Program (an educational program for young litigators). Mr. Libby’s representative work includes: Professional Liability Defence of professionals including architects, engineers, contractors, building inspectors, dentists, physiotherapists, naturopaths, mortgage brokers, financial planners, trustees in bankruptcy, and operators of care facilities, with a particular interest in handling insurance brokers’ errors & omissions claims. Liquor / Commercial Host Liability Representing commercial hosts and other providers of alcohol in claims for claims arising in bars, pubs, nightclubs, restaurants, and special event settings. Michael also has significant experience in defending licensed security firms and personnel who are engaged to provide security services to commercial hosts or for special events. Construction Acting for construction professionals including architects, engineers, contractors, subtrades, construction managers, as well as building inspectors and municipalities in claims involving allegations of substandard design, inspection, or construction of residential and commercial buildings. Coverage Michael regularly advises insurers on complex coverage issues arising under all types of insurance policies including CGL, Directors and Officers, Errors and Omissions, Cyber Liability, Employment Practices Liability, Builders’ Risk/Course of Construction, Wrap-Up, Personal Lines, Motor Vehicle, and specialized Property policies. He has successfully litigated coverage disputes in favour of insurers. Employment Practices Liability & Cyber Liability Michael is one of the lawyers at Dolden Wallace Folick LLP who serves as national monitoring and coverage counsel for several insurers’ Employment Practices Liability and Cyber Liability programs. He also has experience in defending employers against claims of wrongful dismissal and violations of human rights and employment standards legislation. Subrogation Acting for both domestic and international insurers in the prosecution of all manner of subrogated claims including fire, flood, construction, and other property losses, as well as business interruption claims and the recovery of insurance proceeds paid as a result of dishonest acts of employees of an insured. Complex Personal Injury / Occupiers’ Liability Defence of a large array of complex personal injury claims including brain injury, spinal cord injury, chronic pain, and wrongful death claims. Large Property Loss Advising and representing insurers on first-party property losses, including the defence of “bad faith†claims. Sports and Recreation Liability Representing amateur sports leagues (such as hockey, soccer, and softball leagues) as well as operators of sporting facilities and arenas in all manner of claims, including personal injury, property damage, and facility maintenance and operations losses. Products Liability Acting for suppliers or manufacturers of products and materials alleged to be the wrongful cause of damage to property or personal injury, including consumer electronic goods, industrial equipment, food and beverage, plumbing products, construction components, storage materials, and chemical products. Transportation Liability Defending commercial transport businesses and operators against catastrophic injury and death claims, as well as claims related to third party property damage and loss or damage to cargo. Environmental Michael has experience with contaminated sites litigation, claims involving infiltration of hydrocarbons from adjacent properties, fuel and oil leakage, and proceedings before the Environmental Appeal Board. Recent Publications Michael is is the co-author
of two legal textbooks: The Annotated British Columbia Motor
Vehicle Act, and Liquor and Host Liability Law in Canada, both
published by Canada Law Book. For more information on these
textbooks, please follow this link to the Canada Law Book website.
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