Philip S. Tinkler | Fraser Milner Casgrain LLP

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Philip S. Tinkler LL.B., B.A., Associate

Philip restricts his practice to the field of civil litigation. He heads up the Edmonton Class Actions Group and is also a member of the Ontario bar. He is a trusted advisor to clients who seek his assistance in resolving a broad range of disputes, including class actions and commercial litigation. His practice focuses on professional liability, personal injury and catastrophic loss cases, and products liability claims.

Philip has appeared at all levels of court in Alberta and Ontario, in the trial and appeal divisions of the Federal Court of Canada, and in the Supreme Court of Canada. He has also acted as counsel in numerous arbitrations and mediations and other forms of ADR.

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Philip is a trusted advisor to clients who seek his assistance in resolving a broad range of disputes, including class actions and commercial litigation. His practice focuses on professional liability, personal injury and catastrophic loss cases, and products liability claims.

Representative Work

Member of the national legal team in Parsons v. Canadian Red Cross Society, a legally complex, $1.5 billion multi-jurisdictional class action arising from the contamination of the blood system in Canada with Hepatitis C

Lead counsel in Roth v. H.M.Q. (Min. of Human Resources and Employment), the first class action to receive certification and settlement approval under Alberta’s Class Proceedings Act

Has advised clients in relation to potential and actual class proceedings concerning pension entitlements, product liability claims, franchise disputes, and securities issues

Represents a wide variety of health care professionals in the defence of professional liability and malpractice claims; successfully defended the applicant in Allison v. Francescutti, 2003 ABQB 983 interpreting Alberta's Limitation Act in a medical malpractice claim

Has extensive experience in the litigation of personal injury matters including fatality and catastrophic injury. Co-counsel representing an insurer's $25 million subrogated recovery claim for damages in a product liability action.

Lead counsel in Estate of Bruce v. St. Joseph's General Hospital et al., a class proceeding relating to the outbreak and risk of infection with Methicillin-resistant Staphylococcus aureus as well as device and procedure-related infections from lapses in infection control and patient safety in hospitals operated by a public health authority

Publications

Co-author, Feehan, K.P., Q.C. and Philip S. Tinkler (2004), "Medical Malpractice Litigation: The Pure Application of the Principles of Negligence", Annual Review of Civil Litigation 2004; The Honourable Justice Todd Archibald, Ontario Superior Court, and Michael Cochrane, LL.B. (Eds.), Carswell/Thompson Canada Limited, Toronto, September

Prior Speaking Engagements

Presented at the Canadian Bar Association Health Meeting: "Class Action Litigation: An Emerging Trend in Alberta Health Care", November 2010

Presented at the Canadian Defence Lawyers' Annual Alberta CLE Programme "Defence Briefs", January 2008

Presented to the Canadian Bar Association Alberta: "Class Action Law Suits: Alberta Case Study", April 2007