Michael Libby

Michael Libby

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.

He is also a regular contributor to the Serving it Right Program Manual, which is utilized by BC’s Responsible Beverage Service Program to train and certify all persons in British Columbia who will be involved in the sale or service of alcohol.

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.

Strata Claims

Michael has successfully defended Strata Corporations against all manner of claims including actions arising under the Strata Property Act and the Occupiers Liability Act.

Gaming Industry Risks

Michael heads the firm’s Gaming Industry Liability and Risk Group, he has represented casinos and gaming organizations in B.C. and Alberta for all manner of claims arising in the gaming sector, including forcible ejection, commercial host, and occupiers’ liability. In addition, Dolden Wallace Folick LLP was successful in defending the first litigated claim involving B.C. casinos’ voluntary self exclusion program.

Recent Publications

Michael is is the co-author of three legal textbooks: Sports and Recreation Liability Law in Canada, The Annotated British Columbia Motor Vehicle Act, and Liquor and Host Liability Law in Canada, all published by Thomson Reuters Carswell. For more information please follow this link to the publisher’s website.

 

Sports and Recreation Liability Law in Canada, published by Canada Law Book, March, 2017.

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Liquor and Host Liability Law in Canada, , published by Canada Law Book, December, 2010.

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The Annotated British Columbia Motor Vehicle Act, published on an ongoing basis by Canada Law Book

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Other select publications include:

 

Michael Libby's practice areas include:

 

Complex Personal Injury

Occupiers’ Liability

Products Liability

Liquor Liability

Sports and Recreational Liability

Construction

Environmental

Subrogation

Fraud

Coverage

Professional Liability

Directors and Officers Liability

Employment Practice Liability

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