Jim’s legal practice focuses on civil and commercial litigation. With a practice built-up over 30 years, Jim’s experience includes cases involving construction disputes, products liability, professional liability (lawyers and engineers), oil and gas, utility regulation, shareholders disputes, intellectual property, labour, derivatives contracts, lender and directors’ liability.
Based in Calgary, Alberta, Jim conducts cases in Calgary and Edmonton, Alberta.
Jim served as a member of the Canadian Bar Association’s (CBA) National Council from 1988 to 2010, as President of the CBA Alberta Branch and as a representative on the CBA’s national executive. From 2003 to 2009 Jim was a member of the CBA’s Legislation and Law Reform Committee (Chair 2007 to 2009), which is responsible for reviewing and approving the CBA’s legislative and advocacy submissions.
In recognition of Jim’s long commitment to the CBA, Jim received the CBA – Alberta Branch Outstanding Service Award in 2006 and the CBA SOGIC Ally Award in 2006.
Education
- LL.B., University of Western Ontario
- M.Sc. Economics, London School of Economics, England
- B.A. Honours, Queen’s University
Awards and Recognition
- Leading practitioner – Construction and Corporate Commercial Litigation, Canadian Legal Lexpert Directory
- Recognized in the areas of Corporate and Commercial Litigation, Construction Law and Legal Malpractice Law, Best Lawyers in Canada
- BV Distinguished peer review rating, Martindale-Hubbell
- Leader in the field – Dispute Resolution - Alberta, Chambers Global 2013
- Appointed Queen’s Counsel, 1996
Professional Associations and Affiliations
- Former Executive Member, CBA Construction Section, Calgary
Community and Volunteer Activities
- Long term involvement with Scouts Canada, serving in leadership roles in his community and as Honorary Co-Counsel for the Chinook Region.
- Jim has participated in the Alberta Ride to Conquer Cancer each year since 2009. This event raises millions of dollars to benefit the Alberta Cancer Foundation.
Commercial Litigation
- Represented an oilfield facility operator in a claim against a major pipeline transmission company. Our client alleged that when the pipeline company crossed an oil flow line during construction of a major transmission line, the flow line was not properly supported. The flow line later failed and oil was discharged into the surrounding environment. The pipeline company added companies and individuals involved in the pipeline construction as third parties. The case settled at mediation before trial.
- Represented a grocery retailer in a dispute with an equipment leasing company. Another party (out of business by the time of these proceedings) had persuaded our client to install video displays in grocery stores on the basis there would be no net cost. When the company went out of business, the leasing company sought payment on its leases for the video equipment. The case settled at a judicial mediation before trial.
- Represented a junior oil and gas company, and its major shareholder, in claims brought by the other large shareholder of the company. The claims included breach of an agreement over share ownership and oppression in the management and operation of the company. The litigation was ongoing for four years before our firm was retained to take over the case, and it was settled by direct negotiation on the eve of trial.
- Represented an individual who provided private mortgage financing to a residential real estate project. A claim was brought against a lawyer who was involved with placement of security on the property after it was found the agreed security for the loan was not obtained. The claim was settled following a judicial mediation.
- Representing an engineering firm in a claim arising from an oil pipeline failure. Our client was involved in the design of a facility upstream of the pipeline where the failure took place. This action is at an early stage and is ongoing.
- Represented a natural gas producer in a dispute over the termination of a long term gas supply contract. The case was successful at trial and upheld on appeal.
- Represented a large municipality in appeals to the Court of Appeal of Alberta arising from regulatory decisions concerning the regulated rates set for the purchase of natural gas by consumers.
- Represented a large oil and gas company in a successful appeal to the Court of Appeal of Alberta from the Surface Rights Board.
- Represented a large oilfield services company in an intellectual property dispute with a competitor, a former employee and a consultant. Case settled before trial.
- Represented a power generation company in a claim arising from a large industrial fire. Case settled before trial.
- Represented a power generation company in a claim arising from the sale of a large industrial asset to a municipality. Case successfully resolved on summary judgment.
- Represented a power generation company in a claim arising from the release of water from a river dam. Case settled before trial.
- Represented a large camp catering company in a jurisdictional dispute with an employee over whether the employee’s claims were properly represented before the courts or an arbitrator under the collective agreement. Case settled after some hearings.
- Represented a large natural gas producer in a long-running dispute with a carried interest owner. Trial lasted almost 5 years and was settled before appeal.
- Represented a large oilfield services company in a dispute over the operation of underwater oil production lines. Case settled at mediation.
- Represented the manufacturer of components installed in an oil upgrader facility in a claim brought by the facility owner. Case settled at mediation.
- Represented other corporate and personal clients in a wide variety of contract disputes, including real estate transactions, investment advice, business disputes, intellectual property, franchise disputes, oil and gas operating agreements, electrical utility matters, and products liability.
- Represented an oilfield facility operator in a claim against a major pipeline transmission company arising from the failure of an oil flow line that had been crossed by the transmission line. Case settled at mediation before trial.
- Represented a grocery retailer in a dispute with a leasing company respecting equipment installed in grocery stores. Case settled at mediation before trial.
- Represented one shareholder and a company in a claim brought by the other shareholder relating to share ownership and alleged oppression. Case settled by negotiation on the eve of trial.
- Represented a private lender to a residential real estate project in a claim against a lawyer for not protecting the investor’s interests. Claim settled following mediation.
Construction Litigation
- Representing an engineering firm in a claim relating to a failed road in a new residential subdivision. Our client provided certain advisory services to the developer related to the road construction. The developer added our client as a third party to the claim by the road contractor against the developer for the cost of repairing the road. The action is ongoing.
- Represented a condominium corporation in a claim against the developer and others regarding defective construction of common property. Case settled at mediation.
- Represented the developer of a residential condominium high-rise building in a dispute with the mechanical contractor. Case settled during trial.
- Represented a large geotechnical engineering firm in a claim arising from the construction of a residential condominium complex in Calgary. Case settled before trial.
- Frequently represents owners, developers, general contractors and contractors in builders’ lien claims.
- Advises owners and contractors on construction contract tendering issues.
Professional Liability
- Represents lawyers in cases involving legal malpractice claims.
- Represents geotechnical and other engineers in professional liability claims.
Constitutional Litigation
- Appeared as counsel for Canadian Bar Association – Alberta Branch, Intervener in Vriend v. Alberta [1998] 1 S.C.R. 493 and for Canadian Bar Association, Intervener in R. v. Fink [2002] 3 S.C.R. 209 and in Reference re Same-Sex Marriage [2004] 3 S.C.R. 698. The first and third cases dealt with equality rights in s. 15 of the Canadian Charter of Rights and Freedoms and the second case dealt with the protection of solicitor-client privilege.
- Represented an intervener in Pridgen v. University of Calgary 2012 ABCA 139 in the Court of Appeal of Alberta on the issue of whether the Canadian Charter of Rights and Freedoms applies to universities.
