Background
Michael Smith is a partner practising in our Toronto office and is the Regional Leader of the Product Liability Law, Defamation and Media Law, Transportation Law and Maritime Law Groups. Michael was admitted to the Ontario Bar in 1998. He obtained his Bachelor of Laws Degree in 1996 from the University of Windsor Faculty of Law. Before attending the University of Windsor, he was enrolled in the Aerospace Engineering Program at Carleton University.
Areas of Practice
· Michael is a trusted and well-rounded litigator and advisor practising in a wide variety of areas including: class actions, product liability and recalls, transportation law (marine, aviation, trucking, freight forwarding, customs broking, and terminal operation), commercial litigation, defamation, insurance law, municipal and police liability, and personal injury litigation (both plaintiff and defence).
Rankings and Recognitions
· Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Insurance Law)
· Recognized in the 2011 Canadian Legal Lexpert Directory (Shipping & Maritime Law)
Professional Experience
· Michael has appeared as counsel for clients on interlocutory proceedings, trials (jury and judge alone), and appeals before all levels of court in Ontario. In keeping with BLG's preventative, proactive and holistic approach to civil litigation, he frequently counsels clients with respect to risk/crisis management, class action exposure/mitigation, early dispute resolution, policy development, warnings, product recalls, warranties and advertising. He has extensive experience with a variety of alternative dispute resolution techniques.
Professional and Community Activities
· Michael is a member of:
- the Advocates' Society
- the Canadian Bar Association
- the Lawyer - Pilots Bar Association
- the Metropolitan Toronto Lawyers Association
- the Canadian Maritime Law Association
- the Canadian Defence Lawyers Association
- the Defence Research Institute
Publications, awards, and speaking engagements include:
· Presenting 'Corporate Brands and Reputation: Keeping an Eye on and Protecting Critically Important Assets - What In House Counsel Need to Know' for the Ontario Bar Association / Canadian Corporate Counsel Association seminar on March 6, 2012, with Justine Wiebe, Heather Innes, Ryan Mills, and Darin Ahing
· Author of 'Internet Safer After Tardy Court Decision', an editorial published in the National Post concerning Crookes v. Newton
· Author of All Hyperlinking Is Not Fair Game, published in Canadian Lawyer Magazine, October 31, 2011
· Presenting 'Mandatory Incident Reporting Under The New Canada Consumer Product Safety Act' at the Canadian Institute's Forum on Consumer Product Safety, Liability & Recalls, May 2 - 3, 2011
· Moderating a panel discussing 'Managing Litigation Risk and Reputation - Advice for Litigators and In-house Counsel' at the Insight Complex, Mega and Advanced Litigation Conference, February 28 - March 1, 2011
· Author of 'Sale of Goods Act Defendants Have Some Explaining to Do: Defect Inferred, Even in the Face of Spoliation', published in Australian Product Liability Reporter, 2011 Vol. 22 No. 3 and in the Fall 2011 edition of the Borden Ladner Gervais LLP Canadian Insurance Law Newsletter
· Presenting 'Some Thoughts about the Examination and Cross-Examination of Expert Witnesses' at the Advocates' Society Certificate Program, Working with Experts: Trends and Tactics, May 18, 2011
· Co-author of 'Ties That Bind, Tweets That Defame', published in Canadian Underwriter August 2011, with Brian Rosenbaum Aon Reed Stenhouse Inc.
· Presenting 'Who's Who in the Carriage of Goods' to the National Judicial Institute (Federal Court and Federal Court of Appeal Judges) with A. Barry Oland, 2007
· Author of 'A Renewed Interest in the Enforcement of Forum Selection Clauses in Canada? Federal Court of Appeal Releases Decision in Magic Sportswear v. OT Africa Line ', printed in the Borden Ladner Gervais LLP MariTimes Newsletter, Winter, 2006
· Presenting 'The Lessons Learned: What You Need to Know When Dealing with Major Aquatic Incidents ' with Gary Sanger, PRO Aquatics Conference, November 2004
· Author of 'The Co-Existence of Copyrights and New Technologies: Learning from the DAT Example in the Age of a Global Digital Network,' (1997) 69 C.P.R. (3d) 417
· Winner 1996 Gordon F. Henderson/SOCAN Copyright Competition
· Co-author of 'Maintenance of Highways and Roads - How has the Standard of Care Shifted?' prepared for 4th Annual Canadian Institute seminar on Provincial/Municipal Government Liability, February 26 and 27 1998, with Edward A. Ayers, Q.C.
· Co-author of 'Liability for the Escape of Water and Sewage: A Primer and Some Practical Tips' prepared for Innovative Techniques for Upgrading Sewer and Water Systems, May 29, 1998, with Kevin A. McGivney
· Author of:
- 'Government Liability: Ontario Court of Appeal Restricts Use of the 'Policy Defence', Summer 2000.
- 'OHIP Claims and Car Accidents: You May Not Have to Pay ', Winter 2001.
- 'OHIP Claims and Car Accidents: An Update 'concerning Ontario (Ministry of Heath and Long-Term Care v. Georgiou (2002), 61 O.R. (3d) 285 ( C.A. ), Fall 2002 on which Michael acted as co-counsel.
- All printed in the Borden Ladner Gervais LLP Canadian Insurance Law Newsletter.
· Skills instructor at a variety of Advocates' Society trial skills seminars
· Presenting at BLG's Annual Maritime Law Seminars -2006, 2008, and 2010
· Presenting at BLG's Auto Industry legal Seminars -2007,2008,2009
· Presenting at BLG's Product Liability Seminar-2005
· Michael is a frequent media commentator on product liability, defamation, and crisis communication issues, particularly issues related to social media use. He has been interviewed and quoted by CTV News, CBC, BNN, Globe and Mail, National Post, Toronto Star, Law Times, The Lawyers Weekly, and Canadian Lawyer Magazine.
· Michael is licensed as both a private pilot and glider pilot. He is a thrill-seeker whose adventures include: Summiting Mt. Kilimanjaro with a team of BLG lawyers to raise funds for CODE Canada, scuba diving with great white sharks near Cape Town, South Africa, skydiving, hang-gliding, bungee jumping from the highest bungee jump in the world (twice), aerobatic flying, kite surfing, and rappelling down the centre of the CN Tower.