John Martens

Partner

Winnipeg / Services provided by J B Martens Law Corporation

Image for John Martens

Education & Qualifications

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

Services and Industries

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

  • 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 medical defence work, construction, commercial and agricultural/property matters. John has appeared before all levels of court in Manitoba, the Federal Court of Canada, at arbitrations and in various administrative tribunals including the Manitoba Farm Products Marketing Council. John’s experience with medical defence involves representing clients in court and in regulatory proceedings. His experience in construction matters involves advising on construction projects, including in energy, mining and general construction, from the initial procurement and contracting stage, through to resolving any disputes. He is recognized in Best Lawyers in Canada for Construction Law and by Lexpert as a Leader in Construction and Infrastructure.

  • Executive Member of CBA Civil Litigation Section (2017-present)
  • Member-at-Large, Manitoba Bar Association, Construction Law Section (2021-present)
  • Executive Member (including Chair) Manitoba Bar Association, Civil Litigation Section (2013-2017)
  • Chair, Manitoba Bar Association, Civil Litigation Section (2014-2016)
  • Chair, CBA Construction Law Manitoba Subsection (2011/2012), Vice-Chair (2010-2011)
  • Non-Profit Board of Directors, Art City Inc. (2009-2021)
  • Annual Law Day Organizing Committee Member, Manitoba Bar Association (2007-2011)
  • Mentor, Manitoba Bar Association, Mentorship Program (2007-2011)
  • Moot Court Judge, Wilson Moot, Laskin Moot, Law Students Advocacy Class (2011 & 2015)
  • Student CPLED Representative, Manitoba Bar Association (2006)

Memberships

  • The Law Society of Manitoba
  • Manitoba Bar Association
  • Canadian Bar Association
  • Presenter, Canadian Construction Association / Winnipeg Construction Association – Building Knowledge Course (2014-present)
  • Presenter, Canadian Bar Association, National Civil Litigation Update (2020-2022)
  • Chair, MBA Mid-Winter and Civil Litigation Sessions (2014-2016)
  • Presenter, Internal MLT Aikins CPD Presentations (ongoing)
  • Presenter and Sessional Chair, MBA Mid-Winter Conference (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
  • Leading practitioner, Corporate Commercial Litigation, and Construction and Infrastructure, Canadian Legal Lexpert Directory
  • Recognized in Best Lawyers, Insurance Law (since 2020) and Construction Law (since 2021)
  • A. Thompson, Q.C. Prize, Contracts
  • Manitoba Law School Foundation – Garth Erickson Memorial Prize, Commercial Law
  • Neil James MacDonald Memorial Prize, Criminal Law
  • Gale Cup Appellate Moot Team
  • Archibald S. Dewar Award for Advocacy