P: (604) 443-3453
F: (604) 682-5217
E: msilva@wt.ca
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Assistant:
Michelle Trou
P: (604) 443-3483
E: mtrou@wt.ca

• Bodily Injury
• Corporate Commercial
• Insurance
• Multi-Jurisdictional Disputes
• Subrogation
• Transportation
• *Michael D. Silva Law Corporation

Profile

Michael Silva joined Whitelaw Twining in June 2003. He practices in the area of general litigation, with a focus on transportation matters.  He has appeared on behalf of clients in British Columbia Provincial and Supreme Courts, the British Columbia Court of Appeal, in Federal Court, and in a variety of administrative tribunals.

Michael has effectively resolved matters involving vessel and motor carrier collisions, marina fires, cargo claims, helicopter crashes, ship and aviation repair and construction disputes, and derailments. Recent cases that have proceeded to court include:

• Moini v. Wild Garlic Bistro et al., Vancouver Registry Action No. S050404: As lead counsel, Mike successfully argued for a complete dismissal of a fire damage claim that the plaintiff had quantified in excess of $500,000.00.  The key issues pertained to duty of care and foreseeability.
• Stopa v. Mueller and Sons Trucking et al., Vancouver Registry Action No. M050449: This was a fatal, head-on motor vehicle collision occurring on Highway #1 (Trans Canada), approximately 15 miles east of Revelstoke, British Columbia, between a transport truck and a van.  One passenger in the van was killed, while another suffered serious physical injuries, a brain injury and a total loss of ability to earn an income.  As junior counsel, Mike successfully secured a complete dismissal of the claim brought against the transport truck owners and operator.
• Ivanka Vukorep v. Tony Bartulin, British Columbia Court of Appeal Action No. CA031953: As junior counsel, Mike successfully argued that an owner/operator of a vessel was entitled to rely on limitation of liability legislation following a serious personal injury that occurred on our client's vessel. The key issue on appeal pertained to the trial judge's findings with respect to "seaworthiness" and the ability to break limits as a result of "fault and privity".
• Gundersen v. Finn Marine Ltd. et al., Nanaimo Registry Action No. S42777: As junior counsel, Mike successfully argued that Canada's unique incorporation of the Athens Convention into Canadian Maritime Law through the Marine Liability Act has broadened the scope of application of the Convention in Canada, resulting in the ability to rely on defences available in the Convention in the case in question.

Education

34th Maritime Law Short Course, University of Southampton, 2007
LL.B., Queen's University, 2002
B.A. (History/Psychology double major), University of British Columbia, 1999

Professional Memberships & Affiliations

Called to the British Columbia Bar in 2003
Member of the Canadian Bar Association Maritime Law and Insurance Law Sections
Canadian Maritime Law Association
Canadian Transport Lawyers Association
Marine Insurance Association of British Columbia
British Columbia Trucking Association
Chamber of Shipping

Publications

Narrowing the Scope of Canadian Maritime Law
Small Vessel Monitoring & Inspection Program
Inherent Vice & Fortuitous Events in Marine "All Risks" Policies
Expanding the Scope of the Athens Convention
Canadian Liability Issues in Motor Truck Transport Claims: Significant Differences across Canada