Michelle T. Maniago

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Borden Ladner Gervais LLP
• Representative Cases & Transactions
  Cases

  Representative Work: Acted for clients in class action proceedings. Recent experience includes: Defended an airline client against a consumer class action. Certification dismissed: Simsek v. United Airlines, Inc., 2017 BCCA 316 .
  Defended banking client against a consumer class action. Certification dismissed: Sekhon v. Royal Bank of Canada, 2017 BCSC 497 .
  Defended a distributor
  its authorized BC 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. Leave to appeal to Supreme Court of Canada denied: Koubi v. Mazda Canada, 2010 BCSC 650
  2011 BCSC 59, rev'd 2012 BCCA 310, leave to appeal to Supreme Court of Canada denied with costs (17 January 2013).
  Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied: Marshall v. United Furniture Warehouse Limited Partnership, 2013 BCSC 2050, aff'd 2015 BCCA 252, leave to appeal to Supreme Court of Canada denied with costs (17 March 2016).
  Successfully resisted pre-certification document production: Cantlie v. Canadian Heating Products Inc., 2014 BCSC 228 .
  Acted for banking client in dispute regarding responsibility for forged cheques. Successfully defended on appeal the lower court judgment dismissing action: D2 Contracting Ltd. v. The Bank of Nova Scotia, 2016 BCCA 366.
  Acted for client in complex contractual, banking
  secured transaction/priority dispute (Personal Property Security Act) in five-week trial, resulting in a successful trial outcome: CFI Trust v. Royal Bank of Canada, 2013 BCSC 1715,
  costs outcome 2014 BCSC 53 .
  Acted for clients in domestic
  international arbitrations involving complex contractual interpretation.
  Acted for clients in breach of contract claims. For example, see, Wendel v. Tristar Industries, 2009 BCCA 99, aff'ing 2008 BCSC 1364 (breach of share purchase agreement).
  Acted for clients in privacy related matters, including dealing with access to information requests
  compliance with privacy
  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 British Columbia, to obtain evidence from British Columbia witnesses.
  Acted for clients to obtain Letter of Request from British Columbia Courts, to obtain evidence from witnesses resident in the United States.
  Acted for clients in a variety of procedural matters, including striking pleadings, obtaining interpleader relief,
  contesting pre-judgment garnishments. For an example of a decided case in the pleadings context, see Natco International Inc. v. Photo Violation Technologies Corp, 2008 BCSC 1325 .
  Provided opinions to clients on corporate governance matters.
  Provided opinions to clients about statutory or regulatory interpretation or compliance.
  Provided litigation opinions on potential success or risks of claims.