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:
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Professional liability for lawyers (real estate, litigation, family/estate, commercial transactions), financial advisors, accountants, mortgage brokers and real estate agents.
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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.
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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.
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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
Representative Work
- Lawyer’s Professional Liability / Ineffective Assistance of Counsel
- Indigoblue Mortgage Investment Corporation v. Ahmad, 2025 ONSC 4161 (CanLII)
- Swan v. Duggan, 2025 ONCA 302, affirming 2025 ONCA 302
- Greenspan v. Goldman, 2022 ONSC 5578
- Locke v. Sultana et al, 2022 ONSC 4347 (CanLII,) aff'd 2023 ONCA 497
- Braysan Properties Inc. “In Trust” v. Muchos et. al., 2022 ONSC 3703
- 2658396 Ontario Inc. v. Sanayei; 2022 ONSC 3189
- Vinczer v. 7084421 Canada Ltd., 2022 ONCA 400 (CanLII)
- Bors v. Bors, 2021 ONCA 513
- 9383859 Canada Ltd. v. Navaratnam, 2021 ONCA 210
- Glegg v. Glass, 2020 ONCA 833 (CanLII)
- Bielanski v. Mundenchira, 2019 ONSC 1162 (CanLII), aff'd 2020 ONCA 811 (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.)
- Real Estate Litigation / Title Insurance
- Columnist, REM
- 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
- BMO v. 2761387 Ontario Inc, 2024 ONSC 6281 (CanLII)
- Braysan Properties Inc. v. Muchos, 2022 ONSC 940 (CanLII)
- 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)
- 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
- Author, A Practical Guide to the Law of Defamation, LexisNexis
- 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
Articles and Presentations
- What can happen when one party fails to pay costs during litigation, Law360 Canada - 7/4/2025
- B.C. buyer awarded $300,000 deposit after seller’s disclosure misstep, Real Estate Magazine - 6/20/2025
- Confidential information: Departing employees ordered to return and destroy, Law360 Canada - 5/8/2025
- Buyer’s dispute with neighbour sinks $950K waterfront deal, Real Estate Magazine - 5/2/2025
- Dispute over exchange of keys leads to five years of litigation, Real Estate Magazine - 4/21/2025
- Buyer’s corporation fails to close—but owner not personally liable, says court, Real Estate Magazine - 4/14/2025
- Plaintiff's Defamation Claim Against Siblings Survives Anti-SLAPP Motion (The Estate Of Colombe Quesnel v. G. Quesnel), Mondaq - 4/8/2025
- Ontario’s top court overturns decision on requisition dispute, Real Estate Magazine - 4/8/2025
- Court denies brokerage’s bid to regain access to TRREB MLS data, Real Estate Magazine - 3/28/2025
- Buyer loses deposit after failing to close on home destroyed by fire, Real Estate Magazine - 3/14/2025
- Privilege not breached when lawyer disclosed confidential email, Law360 Canada - 3/14/2025
- Buyer held liable for backing out of Burlington property sale, court rules, Real Estate Magazine - 3/7/2025
- Factors in obtaining summary judgment, Real Estate Magazine - 3/7/2025
- Doctrine of absolute privilege: Defamation claim survives dismissal, Law360 Canada - 2/21/2025
- Can a Realtor be liable for a tenant’s damages?, Real Estate Magazine - 2/7/2025
- Seller entitled to $230K in damages after failed home purchase, Real Estate Magazine - 12/19/2024
- Failing to close the deal comes with costs, Construction Connect Canada - 12/19/2024
- Ontario court says Schedule B addition sinks seller’s $50K claim, Real Estate Magazine - 12/3/2024
- Defamation action for media article based on a court decision dismissed, Law360 Canada - 12/13/2024
- Force majeure rejected, buyer pays price for lack of financing, Law360 Canada - 12/13/2024
- B.C. appeal court upholds largest defamation award for a corporation, Law360 Canada - 12/6/2024
- Buyer on the hook for $366k in damages after failing to close, Real Estate Magazine - 11/22/2024
- Norwich order used to disclose identity of confidential informant, Law360 Canada - 9/23/2024
- Misrepresentations made before signing of an agreement may allow for damages, Law360 Canada - 9/23/2024
- Mortgage fraud and the balancing of interests, Law360 Canada - 8/29/2024
- Value of property a key to proving breach of contract, Law360 Canda - 8/9/2024
- Home collapses; over $640,000 awarded due to water damage from neighbouring property, Real Estate Magazine - 7/30/2024
- A Practical Guide to the Law of Defamation, LexisNexis - 7/12/2024
- Former Liberal MP’s defamation claim survives anti-SLAPP motion, Law360 Canada - 7/18/2024
- Years-long dispute over 22-centimetre strip of land ends in court ruling, Real Estate Magazine - 6/25/2024
- Owner allowed to maintain property’s use as three dwelling units despite zoning bylaw changes, Real Estate Magazine - 5/31/2024
- Settler’s remorse: Professional negligence claim against litigation lawyer dismissed, Law360 Canada - 6/24/2024
- How a defamation claim survived an anti-SLAPP motion, Law360 Canada - 5/30/2024
- Lawsuits. Thousands in damages. How a real estate transaction went wrong and how to avoid common pitfalls, The Star - 4/22/2024
- Mortgage broker’s fee: Borrower’s lawyer not liable, Law360 Canada - 4/11/2024
- Equitable mortgage principles affirmed after defaults of loans secured by property, Real Estate Magazine - 4/3/2024
- Defamation: Employment letter not subject to six-week notice deadline, Law360 Canada - 3/19/2024
- Land boundaries battle resolves after two decades as court determines liability for property encroachment, Real Estate Magazine - 1/26/2024
- Ex-sister-in-law bare trustee denied order to sell jointly-owned property, Real Estate Magazine - 12/12/2023
- Law firm sues former client for defamatory online review, Law 360 - 12/15/2023
- Rare ruling: Ex tenant-in-common denied right to sell home 18 years later, Real Estate Magazine - 10/24/2023
- Novel Family Violence Tort has no Place in Ontario Law, Court of Appeal Rules (Ahluwalia v. Ahluwalia), Canadian Family Law Matters - 10/20/2023
- Legal dispute: Co-owner’s son buys second mortgage in attempt to force property sale, Real Estate Magazine - 10/13/2023
- Kobayashi Maru: Navigating impossible scenarios in real estate, Real Estate Magazine - 10/3/2023
- Sellers awarded $210,000 after buyers fail to close due to “unforeseen circumstances” , Real Estate Magazine - 9/29/2023
- No damages caused by listing agent’s failure to recommend legal advice, Real Estate Magazine - 9/13/2023
- Court refuses to impose 5 p.m. deadline for delivery of real estate closing proceeds , Real Estate Magazine - 9/6/2023
- Lawyers obtain interlocutory injunction to stop defamatory social media posts, Law360 Canada - 9/1/2023
- Buyer’s failure to obtain severance amounted to anticipatory breach of contract, Real Estate Magazine - 8/29/2023
- Mortgage provided by corporate borrower with apparent authority is not a “fraudulent instrument”, Real Estate Magazine - 8/18/2023
- Sellers who terminated real estate deal can’t rely on ‘time is of the essence’ clause: court, Law Times - 8/17/2023
- Realtor's lawsuit fails: Court upholds news reporter's actions, Real Estate Magazine - 6/28/2023
- Realtor sued after client alleges negligence in land valuation, Real Estate Magazine - 6/14/2023
- Status certificate shock: Inaccurate information leads to $34,000 bill, Real Estate Magazine - 6/12/2023
- Plaintiff fails to prove notary public's error was the cause of losses from real estate transaction - 4/25/2023
- Ontario court ruling highlights deposit risks for new home buyers, Real Estate Magazine - 3/21/2023
- Realtor sued for misrepresenting identity of buyer, Real Estate Magazine - 3/6/2023
- Court upholds solicitor-client privilege in $16.5M real estate deal, Real Estate Magazine - 2/23/2023
- Seller ordered to obtain severance of residential properties to complete transaction, Real Estate Magazine - 2/14/2023
- Title fraud is on the rise - here are four ways to stop criminals from selling your house out from under you, The Star - 1/30/2023
- Shared driveway dispute between neighbours goes to court, Real Estate Magazine - 1/25/2023
- Foreign buyer ban: Realtors urged to review due diligence, Real Estate Magazine - 1/18/2023
- Homeowners return from business trip to find their house sold without their knowledge, Real Estate Magazine - 1/16/2023
- Borrower's fraudulent actions result in legal victory for tenants, Real Estate Magazine - 12/23/2022
- Agent sues for commission on unaccepted offer, Real Estate Magazine - 11/10/2022
- Seller beware: Even if the deal dies, the agent may still want their commission, Globe and Mail - 9/28/2022
- A cautionary tale of siblings who owned an investment property - 9/6/2022
- When real estate deals die, deposits are often held hostage, The Globe and Mail - 8/31/2022
- Discharge Statement Rights, The Canadian Mortgage Broker Magazine - 7/15/2022
- The Power of Sale Restored by Court Appeal under "Safe Harbour Protections", Institute of Municipal Assessors - 7/1/2022
- Tort of "Family Violence" Provides New Way to Seek Damages for Domestic Abuse, Canadian Family Law Guide - 6/15/2022
- Family Members Liable for Knowing Receipt of Trust Funds, Money & Family Law - 6/1/2022
- Court Refuses to Impose 5 pm Deadline for Delivery of Real Estate Closing Proceeds, Ontario Real Estate Law Developments - 5/1/2022
- BC court awards damages arising from Realtor's liability for foreign buyers' tax, The Real Estate Magazine - 2/22/2022
- Sellers can't rely on "escape clause" to accept a better offer, Real Estate Magazine - 1/17/2022
- Government liability for policy decisions following Nelson (City) v. Marchi, Toronto Law Journal - 1/8/2022
- Unfulfilled promise to transfer family property upheld by appeal court, Real Estate Magazine - 12/20/2021
- Personal injury firm granted injunction against ex-associate following long-weekend takeover, The Lawyer's Daily - 12/15/2021
- Buyers bound to agreement negotiated by family friend, Real Estate Magazine - 11/16/2021
- Estate's Claim to Recover $700,000 Gift From Elderly Man to Fianceé Dismissed, Money & Family Law - 10/24/2021
- Mortgage prepayment charge improperly imposed by lender, The Lawyer's Daily - 10/19/2021
- The perils of not having a written contract for a home construction project, Real Estate Magazine - 10/12/2021
- Condominium owner liable for costs due to tenant's misconduct, Real Estate Magazine - 9/27/2021
- Oral agreement results in years of litigation between father and daughter, Real Estate Magazine - 9/7/2021
- Buyers lose right to recover deposit after seller breaches agreement, Real Estate Magazine - 8/16/2021
- Commission owed to real estate agent despite lack of written agreement, Real Estate Magazine - 7/26/2021
- Seller can repossess townhouse after buyer fails to complete purchase, Real Estate Magazine - 7/16/2021
- Business common sense' determines winner of commission dispute, Real Estate Magazine - 7/5/2021
- Buyer's failure to waive conditions nullifies Agreement of Purchase and Sale, Real Estate Magazine - 6/21/2021
- Buyer loses $100,000 deposit after refusing to purchase condo, Real Estate Magazine - 6/1/2021
- Pizza delivery bars claim for indemnity under insurance policy, The Lawyer's Daily - 6/1/2021
- Building Code Liability: Municipality Liable For Failure To Inspect, Municipal Liability and Risk Management, Volume 22, Number 4 - 5/12/2021
- Ontario Court of Appeal upholds Law Society Tribunal decision involving Toronto lawyer, The Lawyer's Daily - 5/12/2021
- Commission claim dismissed - buyer representation agreement ruled unenforceable, Real Estate Magazine - 5/11/2021
- Legal Non-Conforming use Prevents Municipality From Enforcing Zoning By-Law, IMA Insta-News (Insitutue of Municipal Assessors) - Spring 2021, IMA Insta-News (Insitutue of Municipal Assessors) - 5/1/2021
- Abandoned Use of Easement Leads to Loss of Backyard Parking Pad, IMA Insta-News (Institute of Municipal Assessors) - 4/30/2021
- Fees, Costs and Penalties: Court denies mortgagee's claim for unproven fees and charges related to overdue mortgage, Canadian Mortgage Broker Magazine - 4/29/2021
- Parent's Claim to Recover Home Transferred to Daughter Dismissed, Money & Family Law Magazine - 4/22/2021
- When are buyers entitled to rescind a purchase agreement?, Real Estate Magazine - 4/20/2021
- Claim For Adverse Possession of Land Against an Unknown Owner, Ontario Real Estate Guide, LexisNexis Canada - 4/15/2021
- Viewing the Supreme Court of Canada's Decision in Callow Through a Compliance Lens, Municipal Liability Risk Management, Lexis Nexis - 3/15/2021
- Township liable for failing to inspect construction, Real Estate Magazine - February 24, 2021, Real Estate Magazine - 2/24/2021
- HBC's Efforts to Withhold Rent Due to Landlords’ Failure to Maintain “First Class” Shopping Centres, GRLLP Blog - 12/8/2020
- Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration, GRLLP Blog - 9/21/2020
- Solicitor-Client Privilege: Claim for breach denied and argument to preserve upheld - 12/9/2019
- Reduction of Right-of-Way Denied - 5/1/2019
- Dismissal of abusive proceeding upheld; Home buyer who got more land than he bargained for not entitled to damages for lost secondary transactions - 4/2/2019
- In the Cold Light of an Unfavourable Result, Blaming Your Lawyer Will Not Brighten Your Prospects - 3/29/2018
- Social Media Issues for In-House Counsel: An Update - 11/11/2016
- Airbnb cottage renters allowed to access lake via right-of-way, Real Estate Magazine - 3/31/2013
My Blog
Professional Involvement
- Law Society of Ontario
- Ontario Bar Association (Civil Litigation)
- The Advocates’ Society
- Toronto Lawyers Association
Beyond the Office
Outside of the office James enjoys spending time with his wife and children, mangling his way through carpentry and other DIY projects, and skijoring on frozen lakes with his German Shepherd.