Keith Ferbers

Partner

Image for Keith Ferbers

contact

Office: Winnipeg

Main: (204) 957-4691

Fax: (204) 957-4269

Services provided by K J Ferbers Law Corporation

Education & Qualifications

  • Manitoba Bar (1990)
  • British Columbia Bar (1988)
  • LLB (Manitoba, 1987)
  • B. Comm. (Manitoba, 1984)

Keith has practised since 1988 in the area of litigation, representing both plaintiffs and defendants. His practice focuses on class actions, administrative and public law, insurance law and health care law.

  • Stelpro Design Inc. and Ouellet Canada Inc. v. CCI Thermal Technologies Inc. – Arbitration award dated September 22, 2017, relating to responsibility for the failure of heating elements within electric space heaters including consideration of CSA standards, expert engineering evidence and product liability issues.
  • TP v. Manitoba Soccer Association – The applicants commenced a judicial review application to quash decisions of the Manitoba Soccer Association and Canadian Soccer Association relating to a denial of transfer requests for four youth soccer players. Issues involved the availability of judicial review, standard of review and a variety of evidentiary issues. By way of endorsement released on November 15, 2017, the application was dismissed.
  • Commercial litigation including breach of contract and shareholder disputes (e.g. The Manufacturers Life Insurance Company (formerly North American Life Assurance Company) v. Pitblado & Hoskin et al., 2009 MBCA 83).
  • Personal injury claims including assisting plaintiffs with slip and fall, workplace, air crash and other such injuries.
  • Professional liability and professional discipline cases including providing assistance to physicians in all areas of medical practice, and acting for and against trustees, insurance agents/brokers, real estate agents, lawyers, accountants and other such professionals (e.g. Matheson v. Pirani et al., 2008 MBQB 95 (CanLII), Tangocci v. Beesley, 1999 CanLII 14106 (MB QB) and Rice v. Canadian Lawyers Insurance Assn., 1995 CarswellMan 482).
  • Municipal law including disputes relating to statutory process and interpretation (e.g. The Armstrong’s Point Association Inc. v. The City of Winnipeg et al., 2013 MBCA 110 (CanLII) and Hechter et al. v. Winnipeg (City) et al., 2004 MBCA 142 (CanLII)).
  • Product liability including acting for insurers and insureds on issues relating to design, manufacture and sale of products such as asbestos, space heaters, grain bins, nail guns, window frames and heating units.
  • Insurance disputes including providing advice and assistance to property, liability, life and disability insurers as well as insureds, with emphasis on life and disability claims, having acted over the years for companies including Great-West Life, Crown Life, Canada Life, Co-operators Life, Paul Revere Life, Unum Life, Wawanesa Life, Maritime Life and TD Life (e.g. Verbong v. The Great-West Life Assurance Co., 2003 MBQB 39 (CanLII), and Wachal v. Crown Life Insurance Company, 1999 CanLII 14268 (MB QB)).
  • Sports law including paid and pro bono work for sporting clubs and associations as well as schools and school boards (e.g. Dunford et al v. Springers Gymnastics Club Inc., 2001 MBQB 239 (CanLII)).
  • Class action litigation for both plaintiffs and defendants for clients including Great-West Life and MTS (e.g. Cloud v. MTS Allstream Inc., 2013 MBQB 16 (CanLII)).

Keith has practised as a litigator since 1988, representing both plaintiffs and defendants. He has extensive experience in the Court of Queen’s Bench, Court of Appeal and Administrative Tribunals. He has been counsel of record in more than 260 legal actions relating to commercial disputes, insurance, medical malpractice, municipal law, personal injury, product liability, professional liability, professional discipline, and class actions. Keith provides clients with advice with respect to class actions including responding to certification motions, defence strategy and resolution.

Past Positions

  • In-house litigation counsel, Great-West Life Assurance Company (1990-1992)
  • Associate, Campney & Murphy (British Columbia, 1988-1990)
  • Member, MLT Aikins Executive Board
  • Member (1995-2002), Acting Chair (2001-2002), Board of Directors, Workers Compensation Board of Manitoba
  • Founding Director, Chair, Board of Directors, Winnipeg Soccer Federation Inc.(2001-2009)
  • Member, The Law Society of Manitoba
  • Member, Manitoba Bar Association
  • Member, Canadian Bar Association
  • Presenter and Panellist, “Beyond Privileges: Changing Landscape of Physician Service Models,” CMPA National Conference (June 2014)
  • Presenter,  “Transition to Practice,” University of Manitoba Residents Association (May 2014)
  • Presenter, “Limitation of Liability Clauses and Indirect/Consequential Damages,” Corporate Counsel Subsection of MBA (May 2012)
  • Presenter, “Legal Issues in CV Practice,” Grand Rounds of Cardiac Surgery, St. Boniface Hospital (May 2012)
  • Presenter, “Ethics and Consent in Psychiatry,” Department of Psychiatry, University of Manitoba (February 2012)
  • Presenter, “Litigation Issues Update,” CLHIA Compliance and Consumer Complaints Annual Conference (May 2009)
  • Presenter, “Class Actions in Manitoba,” MBA Mid–Winter Conference (January 2009)
  • Presenter, “The New Apology Act,” Law Society of Manitoba (June 2008)
  • Presenter, “Vicarious Liability for Brokers and Agents,” Great-West Life Law Department Seminar (December 2007)
  • Panellist, “Disclosure to Patients,” CMPA Regional Conference (October 2006)
  • Presenter, “Conducting Examinations for Discovery on LTD Claims,” Great-West Life Law Department Seminar (December 2003)
  • Presenter, “Reasonable Due Diligence and Product Liability,” Food Processors Association (June 2002)
  • Presenter, “Law and Medical Ethics,” University of Manitoba Medical School (April 2002)
  • Presenter, “Third-Party Liability of Physicians,” CMPA National Conference (June 2001)
  • Recognized in Best Lawyers, Class Action Litigation, Corporate and Commercial Litigation (since 2013)
  • A leading practitioner, Medical Negligence (Represents Defendants), Medical Negligence (Represents Plaintiffs), Canadian Legal Lexpert Directory