Biography
Nationally recognized as a leading litigator, Bernice maintains a comprehensive commercial insurance litigation practice which includes general insurance defence, professional errors and omissions, product liability, construction, subrogation and coverage. She also practises in the areas of class actions, administrative law and municipal liability.
Bernice's clients include the Municipal General Insurance Program maintained by the Association of Manitoba Municipalities and the Liability Insurance Program handled by the Manitoba School Boards Association. She is the Manitoba lawyer for a number of healthcare professional liability programs. Her clients include a variety of other Canadian, American and international insurance companies.
Bernice has appeared before all levels of court in Manitoba, the Federal Court of Canada and various tribunals. Although Bernice excels in court, she is equally proficient in guiding clients through alternative dispute resolution and mediation proceedings to achieve resolution.
She has received multiple distinctions for her work as a commercial litigation, professional liability and municipal practitioner. Bernice became a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America, in 2020.
As chair of the litigation practice, Bernice leads a team of high-performing lawyers in the firm’s market-leading litigation practice.
Recognition
- American College of Trial Lawyers, Fellow
- Benchmark Litigation's Top 100 Women in Litigation in Canada, 2022-2023
- Benchmark Litigation’s Top 50 Women in Litigation in Canada, 2017–2021
- Benchmark Litigation, Commercial; Insurance — Litigation Star
- Best Lawyers in Canada, Insurance Law; Municipal Law
- Canadian Legal Lexpert Directory, Litigation — Commercial Insurance; Litigation — Corporate Commercial; Litigation — Professional Liability
- Chambers Canada, Litigation: General Commercial (Manitoba) — Leading Practitioner
Select Experience
- Chief Heidi Cook et al. v. The Government of Manitoba et al., 2026 MBKB 65 (CanLII) The Court of King’s Bench of Manitoba held that the plaintiff First Nations have a constitutionally protected right to self-government in the area of child and family services, and certified a class action brought by Misipawistik Cree Nation, Black River First Nation, Pimicikamak Cree Nation and the Assembly of Manitoba Chiefs (the Plaintiffs) against Canada and the Province of Manitoba (collectively, the Defendants). The Court also granted a summary judgment on liability, finding that both Canada and Manitoba breached First Nations’ Aboriginal right to self-government in Child and Family Services (CFS). The Court declined to certify and dismissed the Plaintiffs’ claims for breach of section 2(a) of the Charter of Rights and Freedoms (the Charter), breach of section 15(1) of the Charter, breach of sections 35 and 36 of the Constitution Act, breach of honour of the Crown, breach of fiduciary duty, and systemic negligence.
- N.B. v. James et al., 2025 MBKB 97 (CanLII) The plaintiff brought an action against a Winnipeg School Division and Graham James alleging that James sexually assaulted him. The plaintiff alleged the Division was vicariously liable, negligent, and breached its fiduciary duty to him. Evidence showed that James was not employed by the Division at the time the plaintiff attended and his identification of James as the perpetrator was unreliable. The Division’s summary judgment motion was granted and all of N.B.’s claims were dismissed against both James and the Division. The court found no genuine issue requiring a trial on whether James was the perpetrator, and concluded N.B. could not prove his claims on a balance of probabilities.
- Fontaine et al. v. The Government of Manitoba et al., 2023 MBKB 84 (CanLII) Bernice is defending the Government of Manitoba in this proposed class action relating to child and family and essential services. There is a related and proposed class action entitled Heidi Cook v. Government of Manitoba et al, in which Bernice and her team are also representing the Government of Manitoba. Canada is a defendant in both actions. Certification motions are scheduled but yet to be heard.
- Sul v. The Rural Municipality of St. Andrews, Manitoba et al. 2021 MBQB 152 (CanLII): By Notice of Application for judicial review, the Mayor of the Rural Municipality of St. Andrews, Joy Sul, challenged an amended Procedures By-Law and two resolutions that had the effect of allowing a majority vote so that any member of council could carry out the duties of chair of council meetings and spokesperson for the municipality. The Mayor’s application was dismissed with costs awarded against her.
- McLeod Estate v. Cole et al., 2021 MBQB 24 (CanLII): Bernice was part of a multi-firm legal team which acted as counsel to a lawyer and two real estate agents in defending an action brought against them by family members who alleged that their father was not competent to sell some land. The Manitoba Court of Queen’s Bench dismissed all aspects of the plaintiffs’ claim. The judgment is under appeal by the plaintiffs.
- Henderson v. Canadian Hockey Association Inc. et al, 2016 MBQB 51, Henderson v Elder, 2017 MBCA 45, 2018 CanLII 1153 (SCC) : Following a trial in the fall of 2016, Bernice was successful in dismissing the statement of claim brought against the volunteer coach of the peewee hockey team following incidental physical contact between the plaintiff referee and a peewee player. The plaintiff referee sought to hold Bernice’s client, the volunteer coach, responsible for damages arising out of the contact. The trial Judge held that the plaintiff failed to meet his onus in establishing negligence and his claim was dismissed with costs. Following an appeal in 2017 by the plaintiff referee, the Manitoba Court of Appeal upheld the trial judge’s dismissal of the statement of claim, writing that there was no evidence of negligence, carelessness or intent to injure on the part of the unidentified player or the volunteer coach, and that he had failed to meet his burden to establish liability. In 2018, the plaintiff referee sought leave to appeal to the Supreme Court of Canada. His leave application was dismissed.
- Susinski et al. v. Municipality of Shoal Lake et al., 2017 MBQB 132 (CanLII): The plaintiffs claimed for house damage resulting from the municipal low-pressure sewer system. Bernice acted for the municipality and brought a successful summary judgment motion.
Presentations
- Bernice is a sought-after speaker on insurance law, risk management, municipal and general litigation issues.
Education
- University of Manitoba, LLB, 1993
- University of Winnipeg, BA (Honours), 1988
- University of Winnipeg, BA, 1985
Bar Admissions
- Manitoba, 1994
Professional Affiliations
- Member, Canadian Bar Association, Manitoba Branch