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Jim Edmond

Jim’s practice is concentrated in the area of civil litigation specializing in insurance and construction litigation. He acts as counsel and provides representation, advice and opinions on a variety of commercial litigation matters. He has appeared in all Courts in Manitoba, including Court of Queen’s Bench, The Federal Court and The Manitoba Court of Appeal. He is also involved in litigation claims and defence work in Ontario, Saskatchewan, Alberta and British Columbia. Where appropriate, he has used alternative dispute resolution (ADR) mechanisms including arbitration of disputes, mediations and judicially assisted dispute resolution hearings offered through the Manitoba Court of Queen’s Bench.

Education

University of Manitoba, LL.B., 1981

Call to the Bar

Manitoba, 1982

Representative Cases/Transactions

Shaw Cablesystems (SMB) Limited, Videon Cablesystems Inc. v. MTS Communications Inc. (“MTS”) and Manitoba Telecom Services Inc. (Man. C.A.) - Acted as lead counsel for MTS in connection with an injunction being sought by Shaw Cablesystems (SMB) Limited and Videon Cablesystems Inc. against MTS. Appeared before the Manitoba Court of Appeal and the action was dismissed against MTS.

Bell Mobility v. MTS - Acting for MTS in a dispute with Bell Mobility in a claim having a value of approximately $50M.

Reimer Farm Supplies Ltd., v. AXA Pacific Insurance Company, formerly known as Boreal Property and Casualty Insurance Company - Acted as lead counsel for insurance company in a subrogated claim in which judgment was obtained against parties in an amount greater than $1.3M and it was alleged they were uninsured. An action was then commenced against the insurer who had denied coverage and the claim was successful at trial and before the Manitoba Court of Appeal.

Swan River Valley Hospital District No. 1 and Swan Valley Lodge (1991) Inc. v. MMP Architects, Minish Construction Limited, Kendale Roofing Ltd., and Amalgamated Drywall Systems Limited (Man. C.A.) - Application to extend time to sue was dismissed against defendants.

James L. Edwards, Jr. et al v. Rockwell Automation, Inc., formerly known as Allen-Bradley Company, L.L.C. et al - Acted as litigation counsel for major Manitoba mining company in connection with an action commenced in North Carolina as a result of an explosion and fire which demolished the West Pharmaceutical plant in Kingston, North Carolina. Provided advice on insurance matters and in litigation and appeared at mediation in 2007 which successfully resolved the matter.

Canadian National Railway Company (“CN”) v. Assembly of Manitoba Chiefs Secretariat Inc. et al (2006) - Acted for CN to secure an injunction order to prevent First Nations and others from blockading railway lines.

Her Majesty the Queen v. Ipsco Recycling Inc. and General Scrap & Car Shredder Ltd., now known as Jamel Metals Inc., carrying on business as a partnership under the firm name and style of General Scrap Partnership and Xpotential Products Inc., Jacob Lazareck and Melvin Lazareck - Defended charges laid pursuant to Canadian Environmental Protection Act and Storage of PCB Material Regulations. Charges were dismissed following 10-day trial.

Hudson Bay Mining & Smelting Co., Limited v. Continental Insurance Company, et al & Hudson Bay Mining & Smelting Co., Limited v. Hartford Fire Insurance Company et al - Acted on two claims in connection with disputed business interruption claims worth in excess of $4M. Claims successfully resolved through mediation.

Acting for major fertilizer company on construction and equipment deficiency disputes on claims valued at over $2M and $5.6M respectively.

Acting for international electrical transformer corporation in connection with transformer failures and resulting loss and damage alleged to be in excess of $5.6M.

Acted as counsel for various clients in fatality inquiries, including but not limited to: (a) counsel to major Manitoba mining company regarding the fatality inquiry into the death of employee as a result of an explosion at a smelter in August 2000; and (b) counsel to major North American company in fatality inquiry into death of two employees and charges under Workplace, Safety and Health Act. Charges were dismissed after trial.

Acted or acting in numerous defence claims for major insurers and clients including Federated Insurance Company of Canada, Liberty Mutual, Zurich Insurance, Canada Safeway Limited and Sovereign General Insurance Company.
 

Achievements

Selected by peers for inclusion in the 2010 edition of The Best Lawyers in Canada in the specialty of Insurance Law.

Appointed 2008 as Chair of Lex Mundi Insurance/Reinsurance Practice Group. The purpose of this practice group is to promote members’ practices in this area by seeking to provide opportunities to facilitate networking and business development activities among member firms and lawyers within member firms who practice insurance/or reinsurance law.

Volunteer of the Year in 2005 for the River Heights Community Centre in Winnipeg.

Publications and Presentations

Lecturer for the Law Society of Manitoba Continuing Legal Education Program.

Presenter for the Law Society of Manitoba, Continuing Legal Education Program respecting Builders Liens litigation in 1992.

Lecturer at 1992 Annual Canadian Insurance Claims Managers’ Association (C.I.C.M.A.) Conference lecturing on Occupiers Liability.

Presenter at the Isaac Pitblado Lectures held November 19 and 20, 1993 regarding Fiduciary Duties owed by Insurance, Real Estate and other Agents.

Presenter at the Canadian Risk Management Conference, Harvest '94 in September, 1994.

Presenter at the Manitoba Safety Council 1995 Occupational Health and Safety Conference.

Lecturer at Centra Gas Manitoba Inc. on a case review presentation dealing with emergency procedures, fires, explosions and carbon monoxide poisoning.

Presenter in a mock mediation presentation at the 1996 Canadian Insurance Claims’ Managers Association Conference.

Presentation to the Manitoba Bar Association - Corporate Counsel Section and Canadian Corporate Counsel Association Manitoba Chapter in 1996 on the relationship between in-house and outside legal counsel.

Presentation to Manitoba Bar Association - Corporate Counsel Section in 1998 on protecting solicitor and client privilege in the corporate context.

Lecturer for University of Manitoba Civil Litigation course on direct and cross-examinations in 1997 and 1998.

Presenter at Seminar on “The Growing Concerns of Mould” to the insurance industry regarding “Liability for Mould Contamination” on November 30, 2001.

Presenter for the Law Society of Manitoba, Continuing Legal Education Program respecting Builders Liens, “Current Law and Practice” Seminar in January, 2003.

Lecturer at the Manitoba Bar Association, Corporate Counsel Section respecting The Law of Tendering, Ron Engineering and Beyond in May, 2003.

Lecturer at the Manitoba Bar Association, Corporate Counsel Section, respecting “Recent Trends in Litigating Confidentiality Issues” in January, 2006.

Lecturer at Manitoba Bar Association, Construction Law Subsection, respecting a recent Manitoba case and the issue of “Material Non-Compliance in Tenders” on construction projects in November, 2006.

Lead presenter at a seminar sponsored by TDS titled “Construction Projects - Sound Strategies for Avoiding and Dealing with Problem Projects” Law Seminar in November 2007.

Lecturer at the Canadian Corporate Counsel Association - Spring Training Camp on the topic of “When the Regulators Come Calling” in April 2007, 2008 and spring and fall of 2009.

Presenter at insurance client seminar - "The Construction Claim Coverage Minefield" in November 2009.

Professional Associations

Member of the Canadian Bar Association
Member of the Manitoba Bar Association
Member of The Advocates Society of Manitoba
Member of The ADR, Construction and Litigation Subsections of the Manitoba Bar Association
Member of the Lex Mundi ADR Practice Group
Chair and Member of the Lex Mundi Insurance/Reinsurance Practice Group
Co-Chair of TDS Litigation Practice Group

Community Involvement and Other Affiliations

Volunteer and coach in hockey and basketball for local community clubs.

Past Member of the Board of Directors of Manitobans with Disabilities Inc. and the Board of the Deaf Centre Manitoba.

Involved in the United Way of Winnipeg campaign for contributions from the legal profession.