Michael Silver

LL.B, LL.M, FCIArb
Mediator & Arbitrator
In Association with the Honourable Gerald F. Day

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Michael Silver LL.B, LL.M, FCIArb

 

Thomson Building
65 Queen Street West, 3rd Floor
Toronto, Ontario
M5H 2M5

Office: (416) 656-3841
Fax: (416) 656-8143

 

Work Experience

Private Mediation and Arbitration Practice. Toronto, Ontario

1997 – present
Provider of Interest-Based and Rights-Based solutions to litigious and other disputes, settling over 90% of non-mandatory cases mediated including breach of contract, disability, fire and casualty and other insurance claims, professional negligence, personal injury, motor vehicle, construction, intentional and other torts, product liability, libel and slander, medical malpractice, shareholder disputes, environmental, wrongful dismissal and estates. Services also include Mediation and Negotiation skills training

 

Dispute Resolution Officer,
ALTERNATIVE DISPUTE RESOLUTION (ADR) CENTRE, ONTARIO COURT OF JUSTICE (GENERAL DIVISION), Toronto, Ontario.

1994 – 1997
One of two full time staff with the ADR Centre, settling over 70% of all mandatorily referred civil cases including: Wrongful Dismissal, Breach of Contract, Personal Injury, Disability and Other Insurance Claims, Construction, Medical Malpractice, Shareholder Disputes, Professional Negligence, Environmental, Intentional Torts, Estates, Administrative

University Instructor
RYERSON POLYTECHNICAL UNIVERSITY, Toronto, Ontario

1993 – present

Courses Include:
- Development and delivery of Negotiation/Dispute Resolution courses.
- Introductory Law
1996 – present
1993 – 1999

Associate
TORKIN, MANES, COHEN & ARBUS, Toronto, Ontario

1989 – 1994
Litigation practice included: commercial, constitutional, administrative, intellectual property, employment, environmental, medical malpractice cases.

 

Consultant
TORKIN, MANES, COHEN & ARBUS, Toronto, Ontario

1987 – 1988
Constitutional and health law research, preparation of legal memos, opinions and health law seminar, writing of solicitor-client privilege book.

 

Research and Policy Consultant
ONTARIO PROGRESSIVE CONSERVATIVE PARTY (OPPOSITION) Queen’s Park, Toronto, Ontario.

1989 – 1994
Produced major research and policy papers and contributed to legislation in the areas of Housing, Financial Institutions, Justice, Aboriginal Rights, Community Relations and Seniors.

 

EDUCATION

DipICArb, Chartered Institute of Aribtrators, London, England LL.M, Trinity Hall, Cambridge University, England. Barrister and Solicitor, Law Society of Upper Canada. LL.B, University of Western Ontario, London, Ontario.

 

PROFESSIONAL AND COMMUNITY ACTIVITIES:

2000 – present Mediation Panel Member, Hong Kong International Arbitration Centre
1999 – present Fellow of the International Academy of Mediators and Arbitrators
1995 – 2002 Executive Member of the ADR Section, Canadian Bar Association of Ontario

  • Chair of ADR Section Programming (until 1997) and Insurance Committee
  • Member of Subcommittee Drafting Mediators’ Code of Conduct (now adopted by Ontario’s Mandatory Mediation Program
1997 – 2002 Panel Member, York Street Insurance Dispute Resolvers
1997 – 1998 Roster Arbitrator, Ontario Insurance Commission
1992 – 1995 President of University of Western Ontario Law School Alumni Association;
created the U.W.O.L.A. “Stint Program” where Western law students spend time with senior lawyers, judges and masters to experience legal practice
1991 – 1994 Member of the Canadian Council of Churches’ Interfaith Roundtable
1994 – present Director of Township of Muskoka Lakes Ratepayers’ Association
1994 – 1998 President, Clear Lake Association
1993 – 1999 Extensive advocacy leading to the establishment of the Torrance Barrens Conservation and Dark Sky Reserve in Muskoka

 

PUBLICATIONS:

Books:

April 2001 Authorship of “Mediation and Negotiation: Representing Your Clients“, Butterworths, a text on maximizing the process of ADR
December 1996 Co-authorship of “The Law of Confidential Communications in Canada“, Butterworths, a reference book dealing with Crown, professional, and other “privileges.”
May 1993 Co-authorship of “Solicitor-Client Privilege in Canadian Law“, Butterworths, a reference book dealing with all aspects of solicitor-client privilege

Articles:

2000 – present Annual ADR Lecture, Toronto Construction Association,
Construction Institute, Risk Management Course
1999 – 2002 Construction Litigation“, a paper given at the Canadian Institute’s April 1999, 2000, 2001 and 2002 Construction Superconference
1997 – 2001 Numerous articles in the Lawyers’ Weekly and the Law Times on Mediation and Ontario’s Mandatory Mediation Program.
1995/1996 Effective Client Representation at a Mediation“, a paper given at the Law Society’s ADR conference in September 1996
ADR: You’ve Got It, Use It“, a paper given at the Commonwealth Conference in September 1995, held in Windhoek, Namibia
Mediation in Construction Disputes“, a paper given at the Law Society’s Construction Program in March 1995.
Nov. 1993 Solicitors’ Conflict of Interest and Breach of Duty: Acting for Spouses in the Preparation of a Will“, Estates and Trusts Journal.

 

AWARDS:

1997 Ontario Heritage Foundation Award, This award is given in recognition of outstanding contributions to conservation and Ontario’s heritage, in this case specifically for advocacy leading to the establishment of the Torrance Barrens Conservation Reserve in Muskoka, Ontario
1988 Ver Heyden de Lancey Prize, Cambridge University, England. This prize is given for the best paper on Medical-Legal Issues and was given for my LL.M thesis entitled “The Constitutional Right to Adequate Government Funding for Ontario Nursing Home Health Care, with Reference to the Law in Other Jurisdictions”.
1984 The Dean Ivan Rand Award, Faculty of Law, University of Western Ontario: to “recognize and honour law students who, while still maintaining a good academic average, have excelled in their contribution to the law school.”
1982 The Legal Society Merit Award, Faculty of Law, University of Western Ontario. To “recognize and honour law students who have distinguished themselves by their extraordinary and outstanding contributions to the law school.”
1982 Dean David L. Johnston Entrance Award, into the Faculty of Law, University of Western Ontario. “The Award is presented annually to a member of the entering class who has, in his performance prior to entering first year law, combined excellent academic achievement with outstanding contribution to the community through public service…and demonstrates unusual promise for service to society through the study of law.”
1981 Andrew Grant Scholarship For the “highest standing in second year honours political science at the University of Western Ontario.”