Herb Silber brings more than thirty years of commercial litigation expertise to KORNFELD, MACKOFF SILBER LLP.
His areas of practice include:
Corporate Dispute Resolution:
Extensive experience in minority shareholder oppression actions, derivative actions, proxy fights and claims by corporations against faithless employees and directors.
Counsel in numerous trials and appeals in connection with wrongful dismissal matters. Frequently negotiated sophisticated, innovative settlement packages involving senior employees and have advised on group terminations of employment.
Accredited arbitrator with the British Columbia International Commercial Arbitration Centre and have arbitrated in a number of disputes.
Acted as counsel in a wide variety of arbitrations involving commercial rent review clauses, including those involved in complicated ground leases.
Co-counsel in United Services Fund v. Lazzel, described by the Trial Judge as one of the largest commercial fraud cases in Canadian history. This case involved a $27.0 million claim and included a precedent making decision on the liability of directors, including past directors, intricate claims involving bribery conspiracy and tracing of trust proceeds.
Defended, on behalf of brokerage houses, negligence claims brought by former clients.
Counsel on a number of professional negligence lawsuits, including a decision which extended the parameters of damages for recovery of breach of fiduciary duty.
Counsel on a number of real estate litigation cases involving commission claims, specific performance actions, fraudulent misrepresentations. One case of note involved an innovative interpretation of a participation clause in a mortgage which was successfully argued on behalf of the mortgagor, both in the Supreme Court of British Columbia and the British Columbia Court of Appeal.
Professional Associations & Memberships
Law Society of British Columbia
Law Society of Upper Canada (inactive)
Canadian Bar Association
Vancouver Bar Association