James K. McFadyen

Jim attended the University of Alberta and obtained his Bachelor of Science degree in 1973 and his Bachelor of Laws in 1976. He articled at Parlee McLaws and became a partner in 1982.

During his 40 years of practice, Jim has acted as counsel in many trials in a wide range of civil litigation matters, including a lengthy (2 year) trial in defending a gas and chemical manufacturer in a large claim for property damage and loss of synthetic crude oil production arising from a fire at the Syncrude plant. Jim has conducted trials in the Court of Queens Bench of Alberta and the Federal Court of Canada and has appeared before the Alberta Court of Appeal and Supreme Court of Canada. He has acted as counsel before administrative tribunals, including the Subdivision and Development Appeal Board, the Environmental Appeal Board and the Horse Racing Alberta Appeal Tribunal. Jim has also acted as counsel in legal proceedings before arbitral tribunals.

Much of his civil litigation practice is directed at resolving or litigating contractual disputes, and the application of common law principles of contract in a wide range of subject matters, including, construction contracts, tenders and requests for proposals, agreements for the purchase and sale of real estate, subdivision, development and servicing agreements with municipalities, lease agreements, shareholder agreements, employment agreements, and manufacturing and distribution agreements.

Jim is retained, from time to time, to apply his litigation experience to review and draft or revise construction contracts, subdivision, development and servicing agreements, shareholder agreements and other commercial agreements.

Jim is also a member of the Firm’s intellectual property group of lawyers and patent agents. He acted as counsel for a plaintiff in a trial before the Court of Queens Bench of Alberta of Alberta involving the alleged copyright infringement of a television program. Jim is currently acting as counsel in various patent infringement actions before the Federal Court.

Other areas of practice include environmental contamination claims and health law.

Jim was appointed Queen’s Counsel (Q.C.) on December 31st, 2007.