John Martens

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Partner

Winnipeg / Services provided by J B Martens Law Corporation

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Education & Qualifications

  • Manitoba Bar (2006)
  • LLB (Manitoba, 2005)
  • BA (Winnipeg/Concordia, 2001)

John practises in commercial and civil litigation. His practice includes professional liability defence and a broad range of commercial litigation including construction disputes, secured lender remedies, class actions, and shareholder disputes.

  • Royal Bank of Canada v. Borne et al., 2023 MBKB 120
  • Niata Enterprises et al. v. Snowcat Property Holdings Limited, 2022 MBQB 50, affirmed by 2023 MBCA 48
  • Group Westco Inc. v. Manitoba Chicken Producers, 2021 MBQB 135, affirmed by 2022 MBCA 16
  • Toromont CAT v. Erickson Construction, 2021 MBQB 75
  • Ackron Egg Farms Ltd. v. Manitoba Egg Farmers et al., 2020 MBQB 187
  • Pokornik v. SkipTheDishes, 2020 MBQB 181
  • Dowd v SkipTheDishes, 2020 MBQB 155
  • Pembina County Water Resource District v. Manitoba, 2019 FC 82
  • Dowd et al v Skip the Dishes Restaurant Services Inc. et al, 2019 MBQB 63
  • Matic et al v Waldner et al, 2018 MBCA 25
  • Marshall v. MCAP Service Corporation, 2016 MBCA 10
  • DirectCash ATM Processing Partnership v. 2132320 Manitoba Ltd., 2015 MBQB 15
  • Pakosh v. City of Winnipeg, 2014 MBQB 234
  • PC Party v. Manitoba, 2014 MBQB 155
  • Seaver v. WRHA, 2013 MBQB 158, 2014 MBCA 55
  • Howarth v. Farguson, 2014 MBQB 103, 2015 MBCA 21
  • Yarmie et al v. Armstrong et al., 2014 MBQB 40
  • Arnold Bros. Transport Ltd. v. Murphy, 2013 MBQB 137, 2014 MBCA 9
  • MPIC v. Cloutier, 2012 MBQB 185
  • Manitoba Eastern Star Chalet Inc. v. Dominion Construction Co. Inc., 2011 MBQB 320
  • In the matter of E. R. – Automobile Injury Compensation Appeal Commission AC-10-123
  • Laurie v. Parham, 2009 MBQB 20, aff’d 2010 MBCA 62
  • Whellams Lane Residents Association v. The City of Winnipeg et al., 2010 MBQB 109, 2010 MBQB 256
  • Krawchuk v. Carpick Estate, 2007 MBQB 232 Hawkins v. Mathieson et al., 2007 MBQB 163
  • Penner et al v. Quintaine, 2007 MBCA 159 and 2008 MBQB 216
  • Hoeppner v. Manning et al., 2005 MBQB 288
  • Pembina County Water Resource District v. Rhineland (Rural Municipality), 2008 FC 653; 2008 FC 1390; 2011 FC 1118
  • Arero Corp. v. Erb (G&D) Holdings Ltd. et al., 2008 MBCA 88
  • R. v. Bidzinski et al., 2007 MBQB 183
  • Represented international company in defending product liability claim in Manitoba brought by municipal authority
  • Represented large public entity in major construction arbitration disputes
  • Represented foreign public entities in flooding claim in Manitoba against provincial and municipal authorities
  • Represented U.S. based billionaire in claims relating to defamation in the U.S. and Bahamas
  • Represented national company in multiple claims relating to financial processing payment agreements
  • Represented large private insurer defending multiple party subrogated claim by public motor vehicle insurer
  • Represented private individuals in oppression remedy applications involving agricultural and corporate disputes
  • Represented numerous general contractors and subcontractors in payment, construction and insurance disputes
  • Represented numerous medical professionals in defending civil and disciplinary actions
  • Represented major banks and lenders in foreclosure and collection actions

John is a partner in the Winnipeg office and assists clients in all aspects of litigation, with a focus on commercial litigation, construction, and medical defence.

John’s experience in construction matters involve advising on construction and infrastructure projects, including in energy, from the initial procurement and contracting stages, through to litigating disputes in Court or by arbitration or mediation.

His experience in professional liability defence includes advising and defending professionals in Court and in regulatory proceedings, primarily in the health-care sector.

John has appeared before all levels of Court in Manitoba, the Federal Court of Canada, in arbitrations and in various administrative tribunals.

John is recognized in Best Lawyers in Canada for Construction Law and by Lexpert as a Leader in Construction and Infrastructure.

  • Chair, Health Law Section, Manitoba Bar Association
  • Honorary Member-at-Large, Civil Litigation, Canada Bar Association (2022-present)
  • Executive Member, Civil Litigation, Canada Bar Association (2017-2022)
  • Chair, Civil Litigation, Canada Bar Association (2021)
  • Member-at-Large, Construction Law Section, Manitoba Bar Association (2021-present)
  • Executive Member and Chair, Civil Litigation Section, Manitoba Bar Association (2013-2017)
  • Chair, Civil Litigation Section, Manitoba Bar Association (2014-2016)
  • Chair, Construction Law Manitoba Subsection, Canadian Bar Association (2011; 2012)
  • Vice-chair, Construction Law Manitoba Subsection, Canadian Bar Association (2010-2011)
  • Non-Profit Board of Directors, Art City Inc. (2009-2021)
  • Member, Annual Law Day Organizing Committee, Manitoba Bar Association (2007-2011)
  • Mentor, Mentorship Program, Manitoba Bar Association (2007-2011)
  • Moot Court Judge, Law Students Advocacy Class, Wilson Moot, Laskin Moot, (2011; 2015)
  • Student CPLED Representative, Manitoba Bar Association (2006)
  • Member, The Law Society of Manitoba
  • Member, Manitoba Bar Association
  • Member, Canadian Bar Association
  • Presenter, “Building Knowledge Course,” Canadian Construction Association/Winnipeg Construction Association (2014-present)
  • Presenter, “National Civil Litigation Update,” Canadian Bar Association (2020-2022)
  • Chair, “Civil Litigation Sessions,” Mid-Winter Conference, Manitoba BAr Association (2014-2016)
  • Presenter Internal, CPD Presentations, MLT Aikins (ongoing)
  • Presenter and Sessional Chair, Mid-Winter Conference, Manitoba Bar Association (2013; 2015)
  • Contributor, Build Manitoba (previously Upword) Magazine, Manitoba Construction Industry
  • Editor, Martindale Hubbell Manitoba Law Digest (2008-2009)
  • Contributor, “Ask the Lawyer,” Building Connections Magazine
  • Named a Leading Practitioner, Corporate Commercial Litigation, Canadian Legal Lexpert Directory
  • Named a Leading Practitioner, Construction and Infrastructure, Canadian Legal Lexpert Directory
  • Recognized as a Top Lawyer, Insurance Law, Best Lawyers (2020-present)
  • Recognized as a Top Lawyer, Construction Law, Best Lawyers (2021-present)
  • A. Thompson, Q.C. Prize, Contracts
  • Garth Erickson Memorial Prize, Commercial Law, Manitoba Law School Foundation
  • Neil James MacDonald Memorial Prize, Criminal Law
  • Gale Cup Appellate Moot Team
  • Archibald S. Dewar Award, Advocacy