Michael Bailey

Chair, Subrogation & Recovery, Canadian Region

Office Toronto

Phone (416) 639-6671 Fax (416) 361-1405

Email mbailey@cozen.com

Overview

Experience

News

Publications

Events

Michael Bailey brings almost 40 years of litigation experience to the Subrogation & Recovery Department in the firm's Toronto office. Michael's experience ranges from insurance and risk management to constitutional issues and treaty-based aboriginal land claims. He held positions of leadership at a major Canadian law firm from 1992 to 2009.

Because of his experience, Michael has been sought out as a speaker for seminars on civil litigation and procedure, construction and insurance litigation, and trial advocacy at various organizations, including the Canadian Bar Association and the Society of Insurance Fellows. He has also been an instructor at the University of Calgary, teaching a business law course.

Michael received his Master of Arts in English and his LL.B from the University of Alberta. He earned his Bachelor of Arts with distinction from the University of Calgary.

Secured a $5.25 million CAD recovery for a property owner and several insurance companies in a case arising from an explosion at a pulp and paper mill located in Prince George, BC. The recovery was the culmination of years-long litigation against the company that designed various upgrades to an air system boiler that exploded at the mill. We were able to show that the secondary air system for the boiler was defective, allowing for a buildup of unburned deposits which caused the explosion.

After a four-week trial, we secured a judgment awarding our clients more than $24 million in an action against a contractor that had been hired to operate and maintain an oil field owned by our clients' insured. A pipeline failed in multiple locations, releasing a substantial volume of oil and necessitating environmental remediation. After a decade of the defendant steadfastly denying liability, we presented compelling evidence at trial that the contractor's negligent maintenance of the pipeline caused the catastrophic failure.

Secured a $7M settlement for a major energy company and its insurer in a case arising from a fire that caused significant damage to a large hydrocarbon storage tank. The settlement was negotiated after an extensive discovery process and once the lawsuit was entered for trial by Court Order, and was reached as a global settlement with several defendants who were involved in the activity that caused the fire.

Cozen O’Connor Welcomes Michael Bailey to the Firm’s Toronto Office

October 01, 2015

Cozen O’Connor welcomes Michael Bailey as senior counsel to the firm’s Toronto office. Michael brings more than 30 years of litigation experience and will work with the Subrogation & Recovery Department.

Effects of COVID 19 Emergency on Canadian Civil Procedures and Limitation Periods

March 24, 2020

Michael Bailey and Pam Pengelley detail all of the court closings in Canada.

Product Liability in Canada and Quebec		10/08/2024
Demystifying Subrogation in Quebec, and the Bedrock of Recovery Claims: the Insured		07/11/2023
NASP 2019 Annual Conference		10/27/2019

Bar Admissions

Alberta
Ontario
British Columbia

Court Admissions

British Columbia Superior Court of Justice
Court of Appeal of Alberta
Court of King's Bench of Alberta
Federal Court (Canada)
Federal Court of Appeal (Canada)
North West Territories Superior Court of Justice
Ontario Superior Court of Justice
Supreme Court of Canada

Education

University of Alberta, LL.B., 1985
University of Alberta, M.A., 1982
University of Calgary, B.A., 1980

Affiliations

Canadian Bar Association

Ontario Bar Association

Ontario Trial Lawyers Association

The Advocates' Society

Law Societies of Ontario, Alberta and British Columbia

Ontario Risk and Insurance Management Society