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E. Beth Eva

E. Beth Eva

TEL: (204) 957 8351

FAX: (204) 954 0351

Email:

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Legal Assistant:
Lora Peters

TEL: (204) 956 2970 ext. 251

Email:

Areas of Focus

Beth is a senior trial and appellate counsel with a broad civil litigation practice involving the specialized areas of corporate and commercial litigation, shareholder disputes and oppression cases, pension law, professional discipline and negligence, administrative and regulatory law, employment law, defamation, and class action litigation.

Beth has extensive experience and expertise acting as counsel on appeals in a wide variety of matters and proceedings, judicial review applications, and major litigation cases involving complex legal issues.

Beth has appeared as counsel before all levels of court in Manitoba, including the Provincial Court, Court of Queen’s Bench, and Court of Appeal, as well as the Federal Court of Canada and Federal Court of Appeal, and various administrative and regulatory tribunals, including the Institute of Chartered Accountants of Manitoba, The Law Society of Manitoba, Manitoba Securities Commission, Manitoba Judicial Council, ICE Futures Canada, Inc., Manitoba Municipal Board, Manitoba Labour Board, City of Winnipeg Board of Revision, Manitoba Human Rights Commission, College of Licensed Practical Nurses of Manitoba, and Manitoba Residential Tenancies Commission and Appeal Commission.

Professional Activities

  • Beth is a member of the Canadian Bar Association, Manitoba Bar Association, and Advocates' Society of Manitoba. She regularly lectures and makes presentations on various litigation topics to professionals and business people and to students of the University of Manitoba's Faculty of Law and the Manitoba Bar Admissions Program. She has also participated as a judge for mock appeals and motions for the Faculty of Law.

Publications / Presentations

  • Author and Presenter, Officers, Directors and Shareholders: Tracking the Trends, Pitblado Lectures, Law Society of Manitoba
  • Author and Presenter, Shareholder Remedies: Litigating the Break-up of the Family Owned Business, Continuing Legal Education, Law Society of Manitoba
  • Presenter, Appellate Advocacy and Motion Practice, University of Manitoba, Faculty of Law
  • Presenter, Civil Motion Practice,  Bar Admission Course, Law Society of Manitoba
  • Presenter, Continuing Legal Education Seminars, Law Society of Manitoba
  • Presentations on various legal issues for professional and other organizations

Representative Clients / Cases / Transactions

Beth's litigation experience includes acting as counsel for: 
  • The Great-West Life Assurance Company to conduct an appeal of a $32 million judgment in a class action by retired members of its pension plan for adjustments to pension benefits. Succeeded in having the judgment set aside and obtaining an order allowing the company to implement its discretionary decision to determine adjustments to benefits
  • ICE Futures Canada, Inc. in successfully prosecuting a major Commodities Futures Brokerage firm and certain traders for over 200 violations relating to pre-arranged trading and supervisory obligations, and obtaining substantial fines and lengthy suspensions
  • A Government and various lawyers in defence of a civil claim for over $8 million in damages for alleged abuse of process and conspiracy arising from a lengthy and complex prosecution of a corporation and its principal
  • James Richardson International Limited in a successful judicial review application and appeal, and subsequent recovery of damages, relating to decisions of the Canadian Grain Commission and its refusal to perform its statutory obligations to inspect and weigh grain as a result of a labour dispute
  • A Minister of the Provincial Legislature in successfully appealing a jury award for the largest defamation judgment in Canadian history brought by a former President of Manitoba Public Insurance
  • The City of Winnipeg in successfully concluding and implementing a major restructuring of its pension plan and distribution to the City of a substantial portion of a $500 million surplus, including successfully obtaining legislative amendments and court approval to vary the pension trust and pay out the surplus, which was contested by the retired plan members
  • Gendis Inc. on an application for judicial review challenging the authority of the Government of Canada under a Tax Collection Agreement with Manitoba to collect a retroactively imposed provincial income tax of over $30 million for capital gains
  • WCE Holdings Inc. in obtaining court approval of a plan of arrangement under The Corporations Act (Manitoba) for a $50 million share acquisition
  • Kraus Industries Ltd. in obtaining injunctive and other relief against a former senior employee preventing the misappropriation and use of trade secrets involving significant inventions of the company with substantial revenues
  • A majority shareholder of a large development company in successfully defending an application by minority shareholders to alter the composition and number of directors for the purpose of gaining control of the Board of Directors
  • One of two equal shareholders of a major large machinery company in successfully setting aside an arbitration award depriving him of his interest in the company without compensation, and thereafter in obtaining a court-ordered shotgun buy/sell between the shareholders
  • The developer, general contractor, and architects of the $40 million downtown campus for Red River College in successfully defending a claim and subsequent appeal for a substantial share of profits of the development
  • First Nations and its Chief in an oppression application against a tribal council and various corporations involving misappropriations of assets
  • Assiniboine Credit Union Limited in obtaining a permanent injunction preventing certain members from calling a special meeting to pass resolutions to prevent the Credit Union from financing the development of the MTS Centre in Winnipeg
  • Department of Justice in appealing and setting aside a jury decision acquitting a police officer on a charge of assault in a highly publicized incident, and thereafter conducting the prosecution at a new trial
  • The Law Society of Manitoba in prosecuting and obtaining convictions against two lawyers for 53 counts of professional misconduct involving fraud, conflicts of interest, and breaches of trust
  • Senior partner of an international accounting firm in having a complaint dismissed which involved numerous, complex matters relating to audits of non-profit entities funded by the Government of Manitoba
  • College of Licensed Practical Nurses of Manitoba in prosecuting and obtaining convictions against a nurse on charges of professional misconduct for abusing patients, and in having the decision upheld on appeal to Manitoba Court of Appeal
  • Leading physician on a successful application for judicial review and an appeal quashing decisions of a major hospital and a review panel consisting of a judge and two lawyers to terminate his lengthy geographic full-time position, and obtaining solicitor and client costs
  • Securities Commission in matters relating to a Ministerial Review under the Criminal Code of a conviction of a lawyer for fraud involving matters arising from a related prosecution under The Securities Act (Manitoba), and in successfully having its decision upheld on an appeal to deny exemptions to a major financial institution to use non-registered securities advisors
  • A major international accounting firm on a judicial review application challenging Canada Revenue Agency Requirements to produce extensive documentation relating to a complex transaction of a client
  • Former management employees of Dominion Bridge Inc. on a successful application to obtain a share of a surplus on the wind-up of the pension plan following the company’s bankruptcy
  • Major Trust Company in successfully striking out a class action relating to an alleged improper distribution of surplus pension funds, and another class action relating to alleged improprieties in allocating interest earned on income in a retirement plan
  • Three major Trust Companies, acting as trustees of a retirement plan for government employees, in obtaining protective orders on an application to wind up the plan
  • Royal Canadian Mounted Police members on an application for judicial review of the failure of the Treasury Board of Canada to apply paying equity rulings of the Human Rights Commission to forensic identification technicians
  • Winnipeg Child and Family Services in the lengthy “Inquest into the Death of Baby Sophia” under The Fatal Inquiries Act
  • Major Winnipeg hospital in appealing and successfully reversing a trial judgment awarding substantial damages arising from a surgical procedure
  • Numerous corporations and shareholders in relation to a wide variety of commercial, corporate and shareholder issues, including oppression applications, construction litigation, investment brokerage, and securities matters
  • Commercial property owners in connection with real estate transactions, leasing matters, and property assessments, including successfully defending an application by Wal-Mart Canada Inc. to require arbitration of a dispute concerning apportionment of property taxes, and a claim by a landlord of a commercial strip mall preventing a major food retailer from allowing its premises to remain vacant to avoid competition
  • Corporations and senior executives on various employment matters, including termination, employment, confidentiality, and non-competition agreements
  • Professionals and professional bodies in relation to negligence actions and disciplinary proceedings, regulatory matters, and privacy issues, including representing a Judge of the Provincial Court before the Judicial Council of Manitoba in obtaining a dismissal of charges of misconduct arising out of complaints by counsel, and a major law firm and partner in successfully defending a mortgagee’s claim for damages resulting from a forged mortgage
  • Corporations and individuals in relation to defamation claims, including a precedent setting case for a Dean of the University of Manitoba in obtaining an order requiring a journalist to disclose a source for a defamatory article