Michael Hewitt*
*Michael J. Hewitt Personal Law Corporation
Partner
He/Him
With over thirty years of courtroom experience, Michael is a proven litigator.
Biography
Michael is a partner with Harper Grey, Chair of our Commercial Litigation Practice Group, and an elected member of our Practice Management Committee.
Michael has vast experience as counsel in complex litigation in British Columbia, and elsewhere throughout Canada. Routinely recognized by numerous ranking publications, Michael is known as a leader in his field.
Litigation
Michael is primarily dedicated to representing his corporate and individual clients in litigation.
With broad experience in civil, criminal and administrative law cases, he represents the interests of those clients in formal disputes involving professional liability and discipline, civil fraud and conspiracy, as well as shareholder oppression, directors’ misconduct, insurance coverage and bad faith, financial regulation, contract disputes and other commercial litigation.
He regularly conducts litigation in all levels of the British Columbia court system, and has appeared as counsel in the Alberta, Ontario and Yukon courts, as well as the Supreme Court of Canada, regulatory tribunals, administrative boards, private arbitrations and mediations. His record includes a long list of successful results in both judge and jury trials, tribunal rulings and appeals, as well as negotiated settlements.
Mediation and Arbitration
Michael also is retained by parties to such disputes and requested to intervene as mediator or arbitrator, and he is active in those roles within confidential business and sport disputes.
Professional Development
Out of court, Michael leads a team of thoughtful and dedicated lawyers, paralegals and staff who focus on practical results and client service.
Since the 1990s, Michael has dedicated considerable time to professional development both within and outside of the legal profession. He has provided instruction and training for the accounting profession, the insurance industry and fraud investigators about current legal issues affecting their areas of expertise, and provides legal and strategic advice on an ongoing basis. He is also a regular instructor of young lawyers and law students in civil litigation courses.
Assistance Team
Expertise
Education
Qualified Arbitrator, 2014
Ontario Court of Appeal, Law Clerk, 1991-1992
University of Victoria, Juris Doctor, 1991
Queen’s University, Bachelor of Commerce (Finance), 1988
Languages spoken
- English
Experience
Early History
Michael spent his earliest days in the legal profession apprenticing at the Hewitt and Hewitt law firm in Ottawa, and later was mentored by leading members of the legal profession in the Court of Appeal for Ontario, Department of Justice and an international law firm in London, England. He has been in private practice in Vancouver since 1993.
Litigation Experience
Michael is an in-court litigator with broad experience handling difficult cases. The vast majority of litigated disputes in Canada are settled between private parties. However, most reasonable settlements are made to happen in the face of a real and looming prospect of litigation. Michael has extensive experience in both settings, and shifts, when necessary, seamlessly from one to the other as circumstances dictate.
Mediations
Michael has decades of experience as counsel in successful commercial mediations involving contract disputes, shareholder oppression, professional liability and claims involving fraud and crime. He also practices dispute resolution as a mediator. All mediations are completely confidential.
Historical Judgments
Michael has been involved in countless litigated cases, leading to judgments in the courts going back to 1993.
Civil fraud, conspiracy and conversion litigation
Counsel for plaintiffs and defendants in hundreds of lawsuits involving allegations of fraud and conspiracy, and remedies obtained by way of damages and costs awards, Mareva Injunctions, Anton Piller orders and civil execution proceedings. Some examples:
-
Money judgments against alleged conspirators in fraud and conversion claims, including special damages, general damages, punitive damages and special costs.
-
Insurance claims dismissed based on fraud and misrepresentations.
-
Successfully defended allegations of civil and criminal fraud, employee theft, fraudulent billing.
-
Judgment in conversion against participants in 2011 Vancouver riot
-
Several jury awards of damages including large punitive damage awards.
-
Counsel on leading cases in BC establishing principles associated with civil fraud and conspiracy.
Injunctions and Search Warrants
-
Counsel for many parties in civil actions involving Mareva Injunctions and Anton Piller orders and proceedings involving criminal search warrants.
-
Anton Piller orders – acted as counsel for both plaintiffs and defendants, and as independent solicitor appointed by the court.
-
Mareva injunctions – acted for successful plaintiffs and defendants in applications to obtain and set aside orders.
-
Crown counsel, criminal defence counsel and civil litigation counsel in dozens of Charter cases involving search and seizure.
-
Author: Injunctions: British Columbia Law and Practice (3rd Edition).
-
Continuing Legal Education instructor on Mareva Injunctions and Anton Piller orders.
Shareholder Oppression and Other Corporate Litigation
Acted for and against shareholders, directors and companies in litigation involving oppression claims and derivative actions involving allegations of corporate misconduct.
Represented clients in litigation generally, trial, petitions, arbitrations and mediations in this area.
Professional Liability and Discipline – Accountants
Acted for professionals in dozens of cases leading to successful and confidential outcomes when facing discipline by regulatory bodies governing Chartered Professional Accountants, and previously CAs, CGAs and CMAs.
In civil litigation, Michael has acted for Chartered Professional Accountants and other professionals in defence of hundreds of lawsuits. Most have been settled and others were successfully defended in court.
Regulatory, Criminal and Charter cases
Representation of the Crown in prosecutions, as well as persons and corporations charged with offences or administration infractions.
-
Defence of regulatory prosecutions involving alleged environmental offenses and related Charter issues.
-
Administrative proceedings involving alleged gaming infractions.
-
Litigation involving allegedly unlawful use of criminal search warrant powers in the regulatory context.
-
Litigation involving allegations of Charter infringement against crown corporations, related to search and seizure and other powers.
-
Defence of charges before the B.C. Securities Commission.
-
2002 SCC 61 – Supreme Court of Canada decision striking down provisions of the Criminal Code respecting search of law offices pursuant to warrant. Junior counsel.
-
Crown’s trial counsel in constitutional challenge to the validity of the criminal prohibition on simple possession of marihuana. Application dismissed and decision later upheld by Supreme Court of Canada.
-
(30 March, 1994), Vancouver CA016527 (B.C.C.A.) – Appeal decision regarding Crown’s disclosure obligations in relation to third-party therapist’s records.
-
Prosecution of federal offences related to taxation, bankruptcy, fisheries and transportation.
Insurance Litigation
Counsel in hundreds of lawsuits involving allegations of insurance fraud and insurer’s bad faith, and related insurance coverage disputes.
Represented insurers in dozens of insurance fraud trials before judges and juries.
Professional Credentials
Leadership
- University of British Columbia, Advocacy Instructor in Allan McEachern Advanced Trial Advocacy Program.
- Advocates’ Society, BC Regional Advisory Committee, Education Committee, Past Member. And Justice Reform & Diversity Committee, Past Member.
- Arbitrations, Continuing Legal Education, Presenter.
- Claims in Fraud, Association of Certified Fraud Examiners, Presenter.
- Community Associations, Past President and Director of sports associations (female hockey).
- Defence of Fraudulent Claims, Canadian Defence Lawyers, Presenter.
- Expert Evidence, Canadian Institute, Presenter.
- Harper Grey Mentoring Program, Mentor
- Injunctions: British Columbia Law and Practice (3rd Edition), Co-Author
- Legal, insurance industry and accounting professional seminars, speaker.
- Legal Training Manual, 2012, Private Investigators Association of British Columbia, Author
- Published articles on legal practice, professional liability, fraud litigation and other legal issues, Author
- Risk Management for Accountants, 2010-2023, Chartered Professional Accountants of B.C., Presenter
- The Law Society of British Columbia, Moot Court and Advocacy Instructor.
- University of British Columbia, Past Legal Ethics Instructor.
- Video Surveillance, WorkSafe BC Inter-Agency Forum, Presenter.
Memberships
- The Law Society of British Columbia, Member
- The Law Society of Alberta, Member
Recognition
Named as a “Leading Lawyer” in the area of General Commercial Litigation (Regional – British Columbia) by Chambers Canada®
2019-2024
Recognized as a “Repeatedly Recommended” in the area of Professional Liability by Canadian Legal Lexpert Directory®
2018-2022, 2024
Recognized as a “Repeatedly Recommended” in the area of Commercial Insurance by Canadian Legal Lexpert Directory®
2018-2022, 2024
Recognized as a “Local Litigation Star” in British Columbia in the area Insurance Law by Benchmark Canada®
2018-2022
Recognized as a “Local Litigation Star” in British Columbia in the area of General Commercial Benchmark Canada®
2018-2021, 2023
Recognized as a “Leading Lawyer” in the area of Corporate Commercial Litigation by Best Lawyers Canada®
2020-2024
Recognized as a “Leading Lawyer” in the area of Professional Malpractice Law by Best Lawyers Canada®
2020-2024
Recognized as a “Leading Lawyer” in the areas of Insurance Law by Best Lawyers Canada®
2020-2024
Commentaries
The Latest
