James L Carpick
Jim is a senior litigator with broad and in-depth experience in breach of contract and tort claims generally. He has particular, uncommon expertise in land use law, particularly expropriation and municipal litigation; he has achieved several notable successes in these areas.
Fundamentally, Jim’s most valuable skill is just helping clients find solutions to problems (and avoid them if possible). This often includes representing clients in prosecuting or defending litigation. Jim does act for large companies and has acted for large institutions, but he also represents entrepreneurs and individuals.
Jim has substantial property law experience in municipal, expropriation, and land use law, including subdivision, easements, building and development permits, bylaw enforcement, rezoning, and development generally, often in complex cases. He has significant experience in administrative law and judicial review. He has recently had a number of significant successes compelling or persuading municipalities to allow clients to develop their properties as they were entitled to do, which has put him in the forefront of leading practitioners in this area.
He has also done trials and counselled clients regarding matters such as breach of contract, negligence, personal property and security, fraud and misrepresentation, financial services, landlord and tenant, breach of fiduciary duty, employment and labour disputes, intellectual property, environmental, estate and competency, product liability, arbitration and mediation, enforcement of judgments, insurance, professional negligence and discipline, real property insurance disability claims, and business valuation, and partnership and other business ownership disputes, and in other areas. He also acts for lawyers and law firms in addressing their own business concerns; the trust of his peers is valued and noteworthy.
- Bachelor of Laws, University of Toronto, 1986
- Called to the Ontario Bar, 1988
- Called to the British Columbia Bar, 1991
- Member, Law Society of British Columbia
- Member, Canadian Bar Association
Among numerous reported decisions:
- “Playland” Amusement Park Ltd. v. Pacific National Exhibition,  B.C.J. No. 1729 (obtained order declaring the purported termination of a lease was invalid; affirmed on appeal:  B.C.J. No. 2303)
- Young v. Diamond (c.o.b. Serena’s Valet Service) (1994), 99 B.C.L.R. (2d) 156 (successfully opposed application to set aside consent judgment solely because of his own advice as to how it should be obtained initially)
- Mohawk Oil Co. v. Kingsgate Auto (1974) Ltd., (1997) 34 B.C.L.R. (3d) 230 (obtained a writ of possession against a commercial tenant)
- Micallef v. Glacier Park Lodge Ltd.,  B.C.H.R.T.D. No. 16 (successfully prosecuted a human rights complaint for discrimination based on family status)
- Weeks v. JJM Construction Ltd.,  B.C.J. No. 2858 (obtained judgment for a shareholder wrongfully expelled from a company)
- Stasiuk v. West Kootenay Power Ltd.,  B.C.J. No. 912 (obtained dismissal of claim that license agreement with major utility company was unlawful, affirmed on appeal: 2000 BCCA 377)
- Tejani v. Jiwa, 2001 BCSC 571 (successfully opposed injunction application seeking to restrain business from operating; obtained special costs for client: 2001 BCSC 1128)
- 927966 Ontario v. Cogenix Development Corp., 2001 BCSC 754 (successfully defended action at trial seeking damages for interference with economic interests; obtained special costs for client: 2002 BCSC 442)
- Virani Dhami, 2003 BCSC 239 (obtained judgment at trial for damages for repudiation of a contract)
- Doman Forest Products Ltd. v. GMAC Commercial Credit Corp., 2004 BCCA 512 (successfully appealed decision requiring plaintiff to disclose privileged documents (this is a leading case in this area, having been cited subsequently in other cases more than 20 times)
- Fibercom Systems v. Rogers Cable Inc., 2005 BCSC 419, 2005 BCSC 673 (obtained dismissal of action for breach of contract and fraud; obtained special costs for client);
- Beyer-Brown & Associates Ltd. v. S & R Interiors Ltd., 2007 BCSC 327 (obtained judgment at trial for damages for breach of fiduciary duty)
- Percheson v. Osler, 2007 BCSC 1072 (successfully opposed application to have solicitor removed as counsel to his client)
- Punto e Pasta Manufacturing Inc. v. Henderson Development (Canada) Ltd., 2009 BCSC 37 (obtained judgment for plaintiff for damages for misrepresentation in entering into a lease)
- Yearsley v. White Rock (City), 2009 BCSC 719 (obtained an order compelling municipality to issue a development permit)
- 0742848 B.C. Ltd. v. Squamish (District), 2011 BCSC 747 (obtained an order compelling municipality to issue a development permit)