Howard Mickelson KC

Howard Mickelson, KC enjoys a reputation as one of B.C.’s top lawyers. Over the last thirty years, he has been involved in some of the Province’s most complex cases. His keen tactical strength lies in his ability to think many steps ahead, thus making him a formidable advocate. He emphasizes a client-oriented approach and believes that each dollar a client invests in litigation should deliver dividends.

Howard taught civil litigation at the University of British Columbia for several years. He is a sought-after speaker and contributor to Continuing Legal Education, particularly in the area of advanced litigation practice. In addition to excelling at his ‘day job’, Howard has led his band “Still Living at Home” to six victories in the annual Battle of the Bar Bands charity event in Vancouver. Howard enjoys all water sports including swimming, water skiing and surfing.

1982

University of Hawaii (B.A., Political Science with Distinction)

1985

University of British Columbia LL.B.

1986

Called to the Bar (British Columbia)

2008

King's Counsel

BUSINESS AND CONTRACT LITIGATION

Counsel for the Director of Civil Forfeiture in a successful application to obtain a continuing pre-trial preservation order against property alleged to constitute proceeds of unlawful activity related to an initial coin offering of cryptocurrency: Director of Civil Forfeiture v. Hobbs, 2019 BCSC 1344.
Counsel for the Director of Civil Forfeiture in an in rem action against property alleged to be the proceeds of unlawful activity related to payment processing for a global fraud network. Successfully resisted multiple interconnected applications brought by the defendants, which included sealing order, particulars, document discovery, and relief from document discovery, among other things: British Columbia (Director of Civil Forfeiture) v. PacNet Services, 2019 BCSC 1658; British Columbia (Director of Civil Forfeiture) v. PacNet Services Ltd., 2018 BCSC 2070; British Columbia (Director of Civil Forfeiture) v. PacNet Services Ltd., 2018 BCSC 2251; British Columbia (Director of Civil Forfeiture) v. PacNet Services Ltd., 2019 BCSC 70; leave to appeal refused, British Columbia (Director of Civil Forfeiture) v. Day, 2019 BCCA 160.
Counsel for a union that obtained judgment in fraud against its former treasurer for stealing $1.69 million: International Longshore & Warehouse Union, Local 502 v. Ford, 2014 BCSC 65.
Lead counsel in a 9-week international arbitration involving a claim by a major Mexican recreational product distributor against an international manufacturer of recreational products.
Lead counsel in numerous business, contract and partnership litigation: (Brax Capital Group LLC v. 0787223 B.C. Ltd.); (Brown v. 0821969); Catona v. Elkerton, 2010 BCSC 83.
Co-counsel in a lengthy fraud and civil conspiracy case including obtaining one of the first worldwide Mareva injunctions (pre-judgment asset seizure) in Canada: Mooney v. Orr, 1995 BCSC.

PUBLIC LIABILITY AND PROFESSIONAL NEGLIGENCE LITIGATION

Counsel to an international Chartered Accountancy firm, defending professional negligence claims involving issues of tax and bankruptcy practice, preparation of financial projections, assurance engagements and the provision of business advice.
Obtained important ruling on waiver of privilege in accountant’s negligence case: Soprema Inc. v. Wolrige Mahon LLP, 2016 BCSC 813.
Successfully obtained early dismissals of claims brought against significant institutional clients including the British Columbia Securities Commission: Peden v. Lamb, 2012 BCSC; BC Securities Commission v. Kelly, 2011 BCSC 544; Wong v. BC Securities Commission, 2011 BCSC 149.
Obtained a significant judgment in a negligence action against the Corrections Branch: D.H. Guardian ad Litem v. British Columbia, 2008 BCCA 222; D.H., J.H. & E.H. v. Kline et al, 2006 BCSC 1903.
Successfully defended the Province of British Columbia in a multi-million dollar property and business loss claim arising out of a catastrophic train derailment: CNR v. HMTQ, 2003 BCSC 1558.

CORPORATE DISPUTES AND SOCIETY GOVERNANCE LITIGATION

Counsel in a successful petition obtaining leave to appeal an arbitration award arising out of a multi-million dollar contract dispute concerning the evolving doctrine of the contractual duty of good faith: Eisler v. Connor, Clark & Lunn Financial Group Ltd., 2021 BCSC 1280.
Counsel opposing an application to lift a stay imposed under s. 15 of the Arbitration Act in a complex commercial dispute: Tresoro Mining Corporation v. Mercer Gold Corp. (B.C.), 2017 BCSC 825.
Counsel in a successful petition resulting in a new election at a Hindu Temple: Bector v. Vedic Hindu Cultural Society, 2014 BCSC 230.
Counsel on numerous society and corporate governance disputes – developed the concept of a “transparent process” in society membership enrolment procedures: Sohpaul v. Shri Guru Ravidass Sabha (Vancouver) (S142622) 2014/07/21; Mostyn v. Schmiing, 2011 BCSC 275; B’nai Brith Canada v. Deslauriers et al., 2010 BCSC; Sandhu v. Dhaliwal, 2010 BCSC 1328; Chohan v. Vedic Hindu Cultural Society, 2009 BCSC 1541; Samra v. Guru Nanak Gurdwara Society, 2007 BCSC 882; Demiris v. Hellenic, 2000 BCSC 733.
Counsel in a wide variety of shareholder and partnership disputes, arbitrations, and winding-up actions.

DEFAMATION LITIGATION

Successfully defended defamation claim on the defence of Qualified Privilege on a Summary Trial Application: Vedic Hindu Cultural Society v. Joshi, 2014 BCSC 1070.
Obtained judgment at trial for a plaintiff restaurant in a major defamation action: P.G. Restaurant Ltd. v. Northern Interior Regional Health Board et al, 2011 BCSC 275 [reversed by the British Columbia Court of Appeal on a finding of fact; leave to appeal to the Supreme Court of Canada denied].
Represented 11 Plaintiffs in an internet libel case in an action to protect the reputations of teachers, school trustees and parents: Newman v. Halstead, 2006 BCSC 65.

MAJOR PUBLIC INTEREST AND CONSTITUTIONAL LAW

Successfully acted as co-lead counsel representing 69 leaseholders on Indian Reserve lands in the Federal Court of Canada (Trial Division) in a multi-million dollar claim involving the interpretation of rent review clauses contained in long term lease agreements: Hodgson v. Musqueam Indian Band, 2017 FC 509.
Successfully defended jurisdiction challenge to a claim of false imprisonment at both the Supreme Court and at the Court of Appeal: Huang v. Silvercorp Metals Inc., 2015 BCSC 549; Huang v. Silvercorp Metals Inc., 2016 BCCA 100.
Successfully defended an extensive application to strike claims of false imprisonment and defamation: Huang v. Silvercorp Metals Inc., 2016 BCSC 278.
Successfully defended an application to strike a notice of trial by jury: Huang v. Silvercorp Metals Inc., 2016 BCSC 1168.
Western Canadian Counsel to Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182.
Successfully challenged the constitutionality of British Columbia’s administrative impaired driving regime: Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46; Sivia, Goodwin et al. v. British Columbia (Superintendent of Motor Vehicles), 2014 BCCA 79; Sivia, Goodwin, et al. v. Superintendent of Motor Vehicles, 2011 BCSC 1639.

MAJOR PERSONAL INJURY LITIGATION

Co-counsel on a precedent setting medical negligence decision from the BC Court of Appeal involving the right of a 16-year old to give or withhold consent for surgical procedures and establishing the right of a patient to be given informed advice of surgical alternatives: Van Mol v. Ashmore, 1999 BCCA 0006.
Represents plaintiffs, including infant plaintiffs in medical malpractice and major motor vehicle litigation.