E. Beth
Eva

Counsel

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Biography

Beth is senior counsel with a broad civil and commercial litigation practice.

She has particular experience in shareholder and partnership disputes, commercial real estate litigation, professional discipline and negligence, pension matters and other business and corporate disputes. She also practises in the area of administrative law and judicial review. She is widely acknowledged as one of Manitoba’s leading appellate counsel.

Beth has appeared at trial and appellate courts across Canada and before an array of administrative and regulatory tribunals, including the Law Society of Manitoba, the Institute of Chartered Accountants of Manitoba, the Manitoba Judicial Council, the Manitoba Securities Commission and Manitoba Municipal Board. Her clients include well-known major Manitoba and national corporations and professional services firms. 

Recognition

  • Benchmark Litigation, Appellate; Commercial — Litigation Star

Select Experience

  • Acted for the Great-West Life Assurance Company (now Canada Life) in successfully appealing a $32-million class action judgment by retired pension plan members
  • Represented a cabinet minister on a successful appeal of the largest defamation award in Canadian history
  • Prosecution on behalf of ICE Futures Canada Inc. of traders for over 200 rules violations related to pre-arranged trading and supervision
  • Counsel to James Richardson International Limited in a judicial review application and appeal relating to Canadian Grain Commission decisions and refusal to carry out statutory duties due to a labour dispute
  • Represented the City of Winnipeg in restructuring its pension plan, including obtaining legislative amendments and court approval to vary the pension trust and distribute a $500-million surplus
  • WCE Holdings Inc. in respect of a plan of arrangement for a $50-million-plus share acquisition
  • Successfully obtained injunctive relief on behalf of Assiniboine Credit Union preventing certain members from blocking the financing of a new downtown arena
  • Counsel to a global accounting firm and members on a number of matters, including judicial review challenges to Canada Revenue Agency requirements to disclose documents in respect of its clients’ transactions
  • Prosecution for the Law Society of Manitoba against two lawyers for 53 counts of professional misconduct involving fraud and breaches of trust
  • Acted for the Department of Justice and lawyers in defence of a civil claim for $8 million arising out of a complex prosecution of a corporation and its principal, and in successfully setting aside a jury acquittal of an assault charge against a police officer in a highly publicized incident
  • Judicial Review challenge of a $30-million retroactive capital gains tax on behalf of a major electronics distributor
  • Successfully defended a developer of a $40-million college campus in an action and appeal for substantial profits of the development
  • Acted for Kraus Industries Ltd. in obtaining injunctive and other relief for misappropriation of trade secrets of significant inventions
  • Acted for major trust companies in successfully striking out a class actions for alleged improper distribution of pension surplus and other funds
  • Represent commercial property owners and agents in commercial real estate transactions, leasing and other disputes
  • Counsel for numerous corporations and shareholders in a wide variety of commercial, corporate and shareholder issues, including oppression applications, construction litigation, investment brokerage and securities matters

Presentations

  • Beth regularly lectures and makes presentations on various litigation topics to lawyers and other professionals, business people, and students of the University of Manitoba's Faculty of Law and the Manitoba Bar Admissions Program, and has acted as a judge for student mock appeals and motions for the Faculty of Law. 
  • Beth has authored and presented numerous papers, including for the Law Society of Manitoba Pitblado Lectures on officers, directors and shareholders and on challenges of conflicting laws in a global setting.

Education

  • Osgoode Hall Law School, ​LLB, 1988
  • University of Manitoba, BA, 1985

Bar Admissions

  • Manitoba, 1989

Professional Affiliations

  • Member, Canadian Bar Association, Manitoba Branch