James R.G. Cook

Executive Summary

James is a partner at Gardiner Roberts and has been with the firm since he articled here in 2002. As a litigator in the firm’s Dispute Resolution Group, James has experience in a broad range of commercial, real estate and professional liability litigation, including:

• Professional liability for lawyers (real estate, litigation, family/estate, commercial transactions), financial advisors, accountants, mortgage brokers and real estate agents. 

• Real estate litigation involving a wide range of closing disputes, title defects, mortgages, easements and adverse possession, title insurance, cottage issues, condominium disputes and Land Titles Act hearings.

• Commercial contract and business asset disputes, oppression remedies, director/officer liability, shareholder and partnership disputes, privacy issues, receivership liability and various forms of urgent interim relief, including Mareva/civil fraud, employment and non-competition injunctions, and Anton Piller orders.

• Defamation including Internet-based liability.

James has successfully represented clients as trial and appellate counsel including a claim where the court stated that the allegations could “rock, if not destroy” his client’s career. In another successful trial decision, James persuaded the court to describe his client’s widely distributed business agreement as “iron clad”. James was counsel in one of the only known decisions where an action was stayed by a court at the outset as a result of improper conduct by the opposite party (who hacked into his client’s computer server). Experience is everything.

Expertise

• Litigation and Dispute Resolution

Representative Work

• Lawyer’s Professional Liability / Ineffective Assistance of Counsel
  • Bors v. Bors, 2021 ONCA 513
  • 9383859 Canada Ltd. v. Navaratnam, 2021 ONCA 210
  • Glegg v. Glass, 2020 ONCA 833 (CanLII)
  • Bielanski v. Mundenchira, 2020 ONCA 811, affirming 2019 ONSC 1162 (CanLII)
  • 9383859 Canada Ltd. v. Saeed, 2020 ONSC 4883 (CanLII)
  • Peel Children's Aid Society v. M.H., 2018 ONCA 619 (CanLII)
  • Garrett v. Oldfield et al, 2014 ONSC 508 (CanLII)
  • Richmond v. James, 2008 CanLII 73705 (ON SC), 69 B.L.R. (4th) 79, 79 R.P.R. (4th) 267 - discussed in “Case must be strong if you decide to sue lawyer” The Toronto Star (June 13, 2009)
  • Chuang v. Manning, 2008 CanLII 14175; 2010 ONSC 6296,
  • Diamond Contracting Ltd. v. MacDearmid, 2006 CanLII 24444 (ON C.A.)
  • Bluestone v. Silverman, 2005 CanLII 27143 (ON SC)
     
• Real Estate Litigation / Title Insurance
  • Medeiros v. Baldassarra et al, 2019 CarswellOnt 19345, 2019 ONSC 2682
  • Sannuto v. Sannuto, 2012 ONSC 3903 (CanLII)
  • Charlebois v. Stewart Title Guaranty, 2011 ONSC 6824 (CanLII)
  • Nakhuda v. Stewart Title Guaranty Co., 2010 CarswellOnt 11201, 2010 ONSC 4926, [2010] O.J. No. 6170
  • Freedman v. Toronto (City), 2009 CanLII 82620 (ON SC)
  • Stewart Title Guarantee Company v. Zeppieri, 2009 CanLII 2329 (ON SC), 94 O.R. (3d) 196 - discussed in “Defending Under Title Insurance” The Lawyers Weekly (June 12, 2009))
  • Dagarsho Holdings Ltd. v. Bluestone, 2005 CanLII 39321 (ON CA) 
  • T.D. Waterhouse Investor Services (Canada) Inc. v. Srivastava, 2005 CanLII 35791 (ON SC), 2005 CarswellOnt 4876, 143 A.C.W.S. (3d) 81
     
• Commercial Litigation, Lease Disputes, Director/Officer Liability, Corporate Opportunity & Non-Solicitation Claims / Injunctions
  • 2184472 Ontario Inc. v. 1637601 Ontario Ltd, 2016 ONSC 7256 (CanLII)
  • H&R Block Canada, Inc. v. Inisoft Corporation (Ontario), 2009 CanLII 37911 (ON SC)
  • Autoworkers (Ajax) Credit Union Limited v. Cumis General Insurance Company, 2012 ONSC 172 (CanLII)
  • Croatian (Toronto) Credit Union v. Vinski, 2011 ONSC 7123 (CanLII)
  • Croatian (Toronto) Credit Union Limited v. Vinski, 2010 ONSC 1197 (CanLII)
  • bcIMC Construction Fund Corporation v. Preston Spring Gardens Inc., 2008 CanLII 1414 (ON SC)
  • Challenge Gas Holding AB v. Echo Energy Canada Inc., 2008 CarswellOnt 8431; 2008 CanLII 19220 (ON SC); 2007 CarsellOnt 9714
  • Toronto Dominion Bank v. Preston Springs Gardens Inc., 2007 ONCA 145 (CanLII), 31 C.B.R. (5th) 167; affirming 19 C.B.R. (5th) 165, 2006 CanLII 15145 (ON S.C.) - discussed in “Defendants denied leave to sue receiver of an insolvent co‑defendant” The Lawyers Weekly (May 26, 2006)
  • BMO Nesbitt Burns Inc. v. TD Waterhouse Investor Services, 2006 CanLII 17338 (ON SC)
  • Cohen v. YMR Capital Management Corp., 2006 CanLII 37780 (ON CA)
  • Banyan Tree Foundation v. Singh, 2005 CanLII 44178 (ON SC)
  • Researchco Ltd. Partnership v. Real Estate Search Corp., 2004 CanLII 35008 (ON SC)
     
• Breach of Privacy / Unauthorized Intrusion/Hacking of Computer Data
  • Autosurvey Inc. v. Prevost, 2005 CanLII 36255 (ON SC), 44 C.P.R. (4th) 274, discussed in “Lawsuit tossed out in ‘extraordinary remedy’” The Globe and Mail (November 30, 2005), and “Brute Force Entry Punished: Autosurvey Inc. v. Prevost” OBA Civil Litigation Newsletter (May 2006)
     
• Defamation
  • Fuda v. Conn, 2009 CanLII 1140 (ON SC)
     
• Investment Advisor / Brokerage Liability
  • Paciorka v. TD Waterhouse, 2008 CanLII 6646 (ON SC), 2007 CanLII 28749 (ON SC)
  • Newman v. T.D. Securities Inc., 2007 CanLII 463 (ON SC); 2007 CanLII 10791
  • Gibbins v. TD Waterhouse Canada Inc., 2007 CanLII 10789 (ON SC)
  • Shoaga v. TD Waterhouse, 2006 CanLII 2191 (ON SC), 2006 CarswellOnt 450