Education

Bar Admission

  • 2018 Admitted to the Alberta Bar
  • 2007 Admitted to the Ontario Bar
  • 2002 Admitted to the British Columbia Bar

Michael Dery is a Partner and the group leader of the firm’s Aviation Practice. Mr. Dery is a member of the firm’s Executive Team. He is also editor of our Aviation Law Blog. With a concentration on aviation law, Mr. Dery represents aviation insurers, airlines, aircraft owners, flight schools, UAV operators, Approved (Aviation) Maintenance Organizations, and Fixed Base Operators in complex litigation and regulatory matters.

Mr. Dery represents clients in litigation arising out of aircraft accidents and incidents, aviation related product liability litigation, airline claims handling, employment matters, human rights matters, and various other transportation-related issues. Mr. Dery has also represented and advised shipping lines, non-vessel operating common carriers, railways, freight forwarders, trucking companies and load brokers. Mr. Dery also acts as regulatory counsel to domestic airlines, foreign airlines and air operators.

Mr. Dery has appeared for clients before all levels of court in British Columbia and in the Federal Court of Canada. He also conducts litigation in Ontario and Alberta. He regularly conducts mediations and arbitrations and has extensive experience negotiating complex settlements in multi-party actions.

On A Personal Note...

Michael is an avid skier and still tries to get up to Whistler as often as possible. He also enjoys running, basketball, boxing, sailing, wakeboarding, travelling and mountain biking.

Representative Experience

  • Acting as counsel in matters regarding aircraft hull, passenger, cargo, product and airport liability claims
  • Acting as counsel in the defence of actions arising from mid-air collisions between aircraft
  • Acting as counsel in the defence of actions arising from float plane accidents
  • Providing regulatory counsel and advice to foreign air operators
  • Providing regulatory counsel and advice to commercial operators of unmanned air vehicles
  • Providing counsel and advice to airlines on emergency response preparedness
  • Providing counsel and advice to insurers on coverage issues
  • Acting as counsel for airlines in Workers’ Compensation Board appeals
  • Acting as counsel in the prosecution of actions arising out of train derailments
  • Acting as counsel in the defence of cargo and shipping claims against national railways, shipping lines, non-vessel operating common carriers and freight forwarders

Publications

  • April 2019, “Drones: Local Government Considerations”, MIABC Risk Management Conference, Speaker
  • January 2019, “Proposed New Passenger Rights Legislation – Industry Concerns and Expectations”, Winter Aviation Conference, Toronto, Ontario, Moderator
  • January 2019, “Getting the Deal Through: Aviation Liability”, Canada Chapter, Co-author
  • January 2018, “The Life Cycle of an Aviation Accident”, Winter Aviation Conference, Toronto, Ontario, Moderator
  • November 2017, “Getting the Deal Through: Aviation Liability 2018”, Canada Chapter, Co-author
  • February 2017, “The International Comparative Legal Guide to: Aviation Law 2017”, Canada Chapter, Co-author
  • January 2017, “UAV Regulatory Update and Emerging Issues”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • July/August 2016, “Making a decision on PFDs”, Wings Magazine, Author
  • February 2016, “The International Comparative Legal Guide to: Aviation Law 2016”, Canada Chapter, Co-author
  • January 2016, “Accident Investigation Authorities – Principles and Practice”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • July/August 2015, “A Level Of Uncertainty: Amendments to CARs Creates Confusion For Private Operators”, Wings Magazine, Author
  • March 2015, “Liability 101 for AMEs”, Western Aircraft Maintenance Engineers Association Symposium, Calgary, Alberta, Speaker
  • February 2015, “The International Comparative Legal Guide to: Aviation Law 2015”, Canada Chapter, Co-author
  • January 2015, “Accidents Caused by Third Parties: The Definition of “Accident” in the Montreal Convention”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • October 2014, “Post-Accident Life Cycle Workshop”, British Columbia Aviation Council, Speaker
  • April 2014, “You’re Grounded: Insurance and Legal Ramifications”, 2014 CHC Safety and Quality Summit, Speaker
  • February 2014, “The International Comparative Legal Guide to: Aviation Law 2014”, Canada Chapter, Co-author
  • February 2014, “SMS: Protection of Safety Information from Disclosure”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • February 2013, “The International Comparative Legal Guide to: Aviation Law 2013”, Canada Chapter, Co-author
  • February 2013, “Parlez-vous Francais?” (Language Rights and the Montreal Convention), Bartalk, Author
  • February 2013, “Exclusivity of The Montreal Convention”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • February 2012, “The Law Governing Spoliation Claims”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • March 2011, “Up In the Air”, Trial Lawyers Association of British Columbia Education Conference, Vancouver, British Columbia, Speaker
  • February 2011, “Code Share Concerns – Liability and Emergency Response”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • February 2010, “Transporting Workers: The Effects of Workers’ Compensation Legislation”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • February 2009, “Aviation Accident Emergency Response: Legal Regimes, Statutory Framework and Victim Compensation”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • February 2008, Application of Criminal Law to Civil Aviation”, Winter Aviation Conference, Toronto, Ontario, Speaker
  • December 2007, “The Power of Mediation and Alternative Dispute Resolution – Fair Play Off The Field”, 2007 BC Soccer Conference, Vancouver, BC, Speaker
  • February 2007, “Outbreak: Air Carrier Liability for the Transmission of Infectious Diseases”, Winter Aviation Conference, Toronto, Ontario, Speaker

Blogs

New Drone Regulations Will Come Into Effect on June 1, 2019

Canadian Seaplane PFD Regulations

Investigation of Military-Civilian Aircraft Accidents

Here We Go Again: Mental Injury and the Montreal Convention

British Columbia Court of Appeal Upholds Workers’ Compensation Appeal Tribunal decision regarding passengers’ rights to sue for damages resulting from an aircraft accident

Proposed Canadian Regulations: PFDs Must Be Worn on Seaplanes

The Battle Over Passenger/Flight Attendant Ratios: Transport Canada Decisions Ruled Unreasonable

Supreme Court of New South Wales rules that PTSD can be a “bodily injury” under the Montreal Convention

Year in Review: Thibodeau v. Air Canada – The Exclusivity of the Montreal Convention

Overhaul of Canada’s Temporary Foreign Worker Program affects Foreign Pilots

Transport Canada Proposes New Regulations for Offshore Flights

Lasers and Aircraft Safety

Supreme Court of Canada Grants Leave in Montreal Convention/Language Rights Case

Privacy at the Airport: Canadian Government Updates Airport Body Scanners

14th Annual Aviation Conference

Minnesota Supreme Court Ruling in Cirrus Training Case

New Regulations on Marking and Lighting Obstacles to Air Navigation

13th Annual Aviation Conference

Federal Court of Appeal Suspends Order Requiring Compliance with Official Languages Act

Uncle Sam is Watching (Part 2)

British Columbia Aviation Council 2011 Conference and Silver Wings Banquet

Plane Crash Fraud Charges in Brazil

Fun In The Sun

Qantas Settles With Rolls-Royce

Disability Does Not Affect Two Year Limitation Period

Uncle Sam is Watching

Supreme Court of Canada Will Not Hear Appeal of Pilot’s Criminal Conviction

British Columbia Aviation Council 2010 Conference and Silver Wings Banquet

NY Times Reports Legal Action Started by Qantas Over A380 Engines

Legal Forum Selection Update: Supreme Court of Canada Decision on Leave To Appeal

Airport Security Update: TSA Takes Over Watch Lists and More Body Scan Controversy

Canadian Ministers Announce New Aviation Security Measures

NY Times Reports 3 Airlines Ground A380’s

Airspace Restrictions Announced For Esquimalt Harbour, BC

Legal Forum Selection: Back to Arizona

Fun in the Sun

Privacy Commissioner Cannot Rule on Claims of Legal Privilege

“It’s Already Been Brought” – Ontario Court Finds that Action is “Brought” Within the Meaning of Warsaw When Filed

CTA Ruling: Is a Seafood Allergy a “Disability”?

Transport Canada Proposes Regulatory Changes to Enhance Security at Airports

Canada Removes Restrictions for Carry On Baggage and Introduces Behaviour Observation Program

Back in the Pilot’s Seat: Transport Canada Takes Authority over Business Aviation Away from CBAA

Invasion of the Body Scanners

CTA Ruling: Cat Allergy is a Disability

New U.S. Passenger Rights Regulations Target Tarmac Delays

One Carry-On Bag Now Allowed when Travelling to the United States

Update on Bill C-310: Canadian Passenger Bill of Rights

From Human Rights to Animal Rights: Travelling with Pets

The Montreal Convention and Damages for “Inconvenience and Mental Anguish”

Professional & Community Affiliations

Michael's
Focus

Practice Areas:

  • Business
  • Personal
  • Insurance