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Brian J. Meronek — Detailed CV

REPRESENTATIVE PRACTICE

  • Has been involved in excess of 200 reported cases
  • Has appeared as counsel before various provincial and federal disciplinary tribunals involving lawyers, accountants, pharmacists, engineers and actuaries
  • Acted as counsel to the Manitoba Provincial Judicial Council to prosecute complaints against provincial court judges – completing six successful hearings
  • Acted for one of the main participants in the Monnin inquiry into a provincial voting scandal in Manitoba
  • Participated in the Sinclair inquiry into the death of 9 children in the paediatric/cardiac department of the Winnipeg Health Services Centre
  • Conducted the public inquiry into the suicide of a senior Winnipeg Police Department detective arising out of the shooting death of J. J. Harper
  • Acted for CMHC before the Supreme Court of Canada in a single industry mining guarantee
  • Acted as co-counsel for the Minister of National Revenue in an initial review of the Canadian Charter of Rights and Freedom before the Supreme Court of Canada on search and seizure powers under the Income Tax Act
  • Handled all business valuation trials on behalf of the Federal Government (six in number) brought by producers put out of business upon the implementation of the Freshwater Fish Marketing Act in Canada
  • Acted for Environment Canada in the inquiry into the McGregor Manitoba railway chemical spill
  • Acted for the CBC in various defamation and labour matters
  • Acted for the RCMP in personal injury; civil assault & trespass; and discipline matter
  • Acted for AECL and the Royal Canadian Mint in construction disputes
  • Has acted for municipalities in construction; environmental spills; sewer & water; defamation & conflict of interest cases
  • Has acted as an arbitrator appointed by the Manitoba Liquor Control Commission in a private wine stores dispute
  • Acted as the Government appointee in the 2011 Doctors Manitoba approximate $90M fee for services interest arbitration
  • Appeared before the Competition Tribunal at a hearing into banking matters
  • Has acted for management and unions in labour arbitration cases in Alberta, Manitoba and before the Canada Labour Board
  • Has acted in various class actions in Ontario and Manitoba involving pension plans
  • As part of a Firm team, successfully settled a substantial trapping rights class action claim against Manitoba Hydro for the flooding of First Nations lands
  • Presently is suing the Manitoba government for $150M in losses to individuals / companies for the 2011 flooding of Lake Manitoba
ESTATE LITIGATION
 
  • Will Challenges and Defense of Contested Wills
  • Probate Litigation
  • Testamentary Capacity and Undue Influence
  • Will and Trust Interpretation
  • Claims for Converted or Missing Funds of Deceased Person
  • Joint Account Litigation
  • Removing and Replacing Executors, Administrators and Trustees
  • Court Applications for Advice and Directions in Estate Administration
  • Dependants Support and Relief Claims
  • Family Property Claims for or against Surviving Spouse
  • Contested Passing of Accounts
  • Compensation for Personal Representatives and Trustees
  • Constructive Trust Claims
  • Quantum Meruit Claims
  • Abuse of Power of Attorney and Trust Claims
  • Elder Abuse
  • Predatory Marriages and Capacity to Marry
  • Trust Litigation
 

SIGNIFICANT ACHIEVEMENTS

  • Received the Benchmark Canada 2015 Litigator of the Year – Manitoba award
  • Successfully represented approximately 7,000 plan members in a pension action against Manitoba Telecom Services Inc. for approximately $150 million in the Supreme Court of Canada
  • Successfully represented Manulife Financial in a $9 million commercial litigation action against the City of Winnipeg in the Manitoba Court of Queen’s Bench (now Court of King’s Bench) and Court of Appeal; leave denied to the City by the Supreme Court of Canada
  • Acted as Manitoba counsel to KPMG in a substantial civil fraud case brought on behalf of in excess of 200 investors, arising out of the Federal Government’s R&D program
  • Successfully represented clients in a complex neurosurgery medical malpractice trial and appeal
  • Successfully represented the National Harbours Board in the lower Courts and before the Supreme Court of Canada (on leave) in a shipping demurrage case
  • Successfully defended a municipal defendant in one of the lengthiest defamation cases in Manitoba
  • Acts for agricultural landowners and others in a $4 billion environmental assessment hearing before the Manitoba Clean Environment Commission
  • Successfully settled a multi-million dollar medical malpractice case on behalf of a young child and family
  • Successfully defended the University of Winnipeg in several student related legal disputes

OIL AND GAS/ENERGY

  • Has acted for major interveners in over 100 proceedings involving oil and gas, electricity and pipeline regulatory proceedings in Manitoba and Alberta
  • Acted for the Department of National Defence in all its energy regulation hearings in Western Canada for 8 years
  • Acted for the City of Calgary in a three-month hearing before the Alberta Energy & Utilities Board in the $130 million sale of retail assets of ATCO Gas to Direct Energy and subsequent leave to appeal to the Alberta Court of Appeal
  • Acted for the City of Calgary in a successful $11 million claim against ATCO Gas in the Alberta Court of Appeal
  • Acted on behalf of the Consumers Association of Canada, in a lengthy hearing dealing with approval of a $260 million sale of Centra Gas Manitoba Inc. by Westcoast Transmission to Manitoba Hydro
  • Acted for a major pipeline in the Public Utilities Board hearing into proposed legislation to regulate transmission of natural gas in Manitoba
  • Has been involved in hearings in Manitoba and Alberta relating to competition in the distribution of natural gas and electricity
  • Involved in several regulatory hearings related to rate of return / return on equity issues and hedging programs
  • Acted for a national pipeline company in a dispute with Manitoba Hydro
  • Defended Manitoba Hydro in criminal charges resulting from contamination of the Winnipeg River
  • Successfully represented an Alberta oil company in a lengthy trial involving a minerals rights dispute
  • Acts for clients in mines and mineral disputes in Saskatchewan and Manitoba

LECTURES

  • Has presented to the Canadian Association of Public Utilities Tribunal (CAMPUT) on natural gas research and development
  • Has lectured at the Manitoba Law School on administrative law
  • Has presented at the CBA annual convention on Supreme Court of Canada practice
  • Has presented at the Pitblado Lectures on evidence
  • Has presented to the Manitoba Bar Association on civil litigation practice and judicial review of administrative law matters and Court of Appeal practice
  • Was co-chair of the Inns of Court Programs offered by the Law Society of Manitoba to junior litigation lawyers

VOLUNTEER AFFILIATIONS

  • Past Member of Executive Council of Board of Directors of Winnipeg Chamber of Commerce
  • Past Commissioner of Manitoba Bar Association, Baseball League
  • Past Vice President of Board of Governors of the Winnipeg Winter Club
  • Past Member of Board of Directors of the Children’s Hospital Research Foundation
  • Past Director of the Winnipeg Rifles Junior Football Club
  • Past Member of Board of Directors of Tamarack Addictions Foundation
  • Board Member of the Concordia Hospital Foundation – Operation Walk