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Biography

Michael began his legal career with Bennett Jones LLP. Michael joined Carbert Waite LLP in 2003.

In 2020, Michael was appointed Queen’s Counsel by Alberta’s Minister of Justice and Solicitor General, Doug Schweitzer. Appointments of Queen’s Counsel are awarded to lawyers who have made significant contributions to the legal profession and have demonstrated exceptional leadership. 

LITIGATION PRACTICE

Michael is an accomplished advocate and maintains an active civil and commercial litigation practice. Michael is recognized nationally as a leading health lawyer. Michael advises and represents healthcare institutions, physicians and other health professionals on a wide range of complex issues.

As an experienced employment lawyer, Michael advises employers and employees on various employment, disability and human rights issues.

Michael has extensive experience in Estate Litigation including challenges to wills, Family Maintenance and Support Applications, Guardianship and Trusteeship disputes and Executor compensation disputes.

Michael’s other primary areas of litigation practice are Commercial Litigation and Civil Fraud. Michael’s commercial practice has generally been focused on large contractual disputes, collections and private company disputes including directors and officers issues and succession. Michael is experienced dealing with civil fraud cases (on behalf of both Plaintiffs and Defendants) and has acted as Independent Supervising Solicitor for Anton Pillar/Attachment Order searches and seizures.

Michael has appeared before all levels of court in Alberta and the Federal Court of Canada, as well as the Alberta Humans Rights Commission Tribunal.

MEDIATION AND ARBITRATION PRACTICE

Michael has 20 years of experience in general commercial and civil litigation. Michael completed mediation training through the Straus Institute for Dispute Resolution at Pepperdine University School of Law.

Michael is comfortable conducting mediations and arbitrations in a wide variety of subject matter areas. His most significant areas of practice expertise would be in serious personal injury/medical malpractice (involving catastrophic injuries), general commercial litigation, employment law and estate litigation (including guardianship/trusteeship). Over his career, Michael has acted roughly equally for plaintiffs and defendants and has a balanced and practical approach to the law and to effective dispute resolution. Michael is skilled at defusing tension and emotional barriers to resolution.

Michael believes in a flexible approach to mediation. The process should bend to suit the needs of the parties and the nature of the particular dispute. Michael is prepared to play a facilitative role or to engage on the facts and the law as much as is necessary and desired by the parties. Michael values the role that counsel plays in mediation and always respects their relationship with their client(s). The role of the mediator is to create an atmosphere where the parties can come to their own unique resolution. Creativity and persistence is key.

Arbitration also requires creativity and flexibility. In order for it to function as intended, as a shorter and less expensive alternative to a trial, the parties and the arbitrator need to be pragmatic in designing a process that will serve the ultimate goal. Michael has a common sense approach to the law. My experience working for plaintiffs and defendants throughout my career means that I am not predisposed to one side or the other and can focus on the facts and the law in coming to a fair and balanced decision.

AWARDS AND SERVICE TO THE COMMUNITY

Michael has been named a leading lawyer for medical negligence representing defendants in the Canadian Legal Lexpert Directory every year since 2015. Michael has been recognized by Best Lawyers for his work in Estates and Trusts for 2020.

In 2009, Michael received the prestigious University of Calgary Faculty of Law Honourable W.K. Moore Award for outstanding commitment and contribution to the Faculty of Law.

In 2007, Michael was named one of Calgary’s Top 40 Under 40 by Calgary Inc. magazine (now Avenue Magazine).

Michael taught Health Law as an adjunct professor at the U of C Faculty of Law from 2006-2018 and has been a member of the Faculty’s Mooting and Debating Committee since 1999. Michael was instrumental in the creation of the Bennett Jones Health Law Moot in 2011 and continues to be one of the moot’s organizers.

Michael is a member of the Board of Directors of Legal Aid Alberta and is Vice-Chair of the Board of Hospice Calgary. Michael is also a member of the Board of Directors of the Calgary Medical Legal Society. Michael is a member of the National Executive of the Canadian Bar Association Health Law Section and was National Chair from 2014-2016.

Education

  • University of Calgary (B.A., 1992; LL.B., 1998)
  • University of Alberta (LL.M., 2006)

Professional Memberships

  • Law Society of Alberta (1999)
  • Law Society of British Columbia (2015)
  • Canadian Bar Association
  • Calgary Bar Association
  • Calgary Medical Legal Society

 

 

Corporate and Commercial Litigation, Health Care Law, Labour and Employment Law, and Trust and Estates 2021

Michael Waite, Q.C. joins Chris Rokosh on Inside Medical Malpractice

December 16, 2020

Carbert Waite’s Michael Waite, Q.C. recently joined Chris Rokosh, President of Connect Medical Legal Experts Inc. on her podcast, Inside Medical Malpractice. Michael gave listeners an insight into the perspective of a hospital defence lawyer, answered questions about the medical malpractice process, and gave his opinion on the most important…

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Carbert Waite Lawyers Recognized as Best Lawyers in Canada for 2021

August 27, 2020

Carbert Waite is proud to congratulate several of our lawyers who have been awarded with The Best Lawyers in Canada (2021 Edition). This year’s list includes:  Blair Carbert Health Care Law Michelle Colley  Labour and Employment Law Bradley S. Dobbin  Corporate and Commercial Litigation Insurance Law Joseph Oppenheim Corporate and…

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Michael Waite Queen’s Counsel Appointment

March 31, 2020

Carbert Waite LLP is very proud to announce that Michael Waite has been appointed Queen’s Counsel by Alberta’s Minister of Justice and Solicitor General, Doug Schweitzer. Appointments of Queen’s Counsel are awarded to lawyers who have made significant contributions to the legal profession and have demonstrated exceptional leadership.  This honour…

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Michael Waite Named in the 14th Edition of The Best Lawyers in Canada

August 21, 2019

Carbert Waite LLP is proud to announce that partner Michael Waite has been named in the 14th Edition of The Best Lawyers in Canada for his work in Trusts and Estates.

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How the #MeToo Movement Will Challenge Employers’ Responses to Sexual Harassment Allegations

January 3, 2019

We have all watched the growing sexual harassment scandal roiling the American entertainment industry and causing the downfall of American political figures (with notable exceptions). Corporations and organizations across North America in numerous industries are dealing with an onslaught of credible allegations, some involving high profile employees and senior executives.

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Testamentary Gifts and Inter Vivos Gifts, A Distinction: Seguin v Pearson

June 13, 2018

In its recent decision in Seguin v Pearson, 2018 ONCA 355 [Seguin], the Ontario Court of Appeal has clarified the distinction between the tests for challenging testamentary gifts versus inter vivos gifts (those made while a person is still living) on the basis of undue influence.

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Goudge Report Summary

May 22, 2018

At the request of Ontario’s Ministry of Health and Long Term Care, the Honourable Stephen Goudge, Q.C. (“Mr. Goudge”), former Justice of the Ontario Court of Appeal, conducted a review of the Ontario civil justice system as it relates to medical liability cases.

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When a Will Does Not Represent Free Will: the Kozak Estate Case and the Law of Undue Influence

April 16, 2018

What happens when a Will appears not to be the expression of the testator’s own free will, but instead, the will of another? The Alberta Court of Queen’s Bench in Kozak Estate (Re), 2018 ABQB 185 recently explored just such an issue.

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Congratulations Micheal Waite: Lexpert Expert

September 6, 2017

Congratulations Micheal Waite: Lexpert Expert Carbert Waite LLP congratulates Michael Waite for earning the Lexpert Expert designation for medical negligence for the third year in a row. Lawyers who receive this designation are acknowledged as leaders in their respective fields and having earned the respect of their colleagues. Congratulations Michael.

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