James Bancroft K.C.

ARBITRATION AND MEDIATION

• Party appointed arbitrator in an ad hoc proceeding concerning the interpretation of cost escalation ‎provisions in power purchase arrangements for the generation of electrical energy
• Chair of arbitration panel in an ad hoc proceeding concerning breaches of a pipeline construction contract ‎resulting in environmental damages and business losses
• Sole arbitrator in an ad hoc proceeding concerning breaches of a commercial real estate purchase contract
• Sole arbitrator in an ad hoc proceeding relating to claims of breach of trust and undue influence arising out ‎the distribution of an estate ‎
• Mediator in a dispute relating to breaches of a construction contract for the supply and installation of ‎concrete for a commercial condominium project
• Mediator in a dispute relating to claims of unjust enrichment and breaches of fiduciary duties concerning ‎the disposition of a family owned agri-business
• Mediator in multiple disputes relating to the valuation of partnership interests
• Mediator in multiple disputes relating to the valuation of minority shareholders’ interests and the ‎interpretation of unanimous shareholder agreements
• Mediator in a wide variety of disputes relating to breaches of construction contracts for commercial and ‎industrial properties including issues relating to deficiencies in engineering and architectural design,  ‎electrical installation, concrete and foundation issues and general construction deficiencies
• Mediator in a dispute relating to the installation of electrical services for a large industrial warehouse
• Counsel on an administered arbitration relating to breaches of a contract for the construction of a major ‎electrical generation facility
• Co- counsel on an arbitration to determine if an event of force majeure had occurred following the failure ‎of an electrical power generator ‎
• Co- counsel on an arbitration to determine whether a coal mine should be treated as a part of the operating ‎assets of an electrical power generating station
• Counsel on a wide variety of right-of-way and expropriation cases concerning the installation of natural gas ‎and petroleum pipelines and electrical transmission lines for a large industrial manufacturing plant and an ‎ethylene plant
• Counsel on an arbitration to determine the valuation of natural gas pipelines, gas compressor stations and ‎gas plant operations and the interpretation of a right of first refusal clause
• Counsel on an arbitration concerning breach of contract for the provision of access to rail transportation

AVIATION

• Acted for air carriers in a variety of contract disputes relating to the provision of charter services, tour ‎operations and ground and maintenance services
• Acted for air carriers in relation to claims for damage to aircraft and ground handling equipment
• Defended air carriers in connection with passenger injury claims and claims for the loss or damage to ‎cargo on domestic and international flights
• Acted for airport operators in responding to Transport Canada investigations
• Acted for the owners of a private airport in negotiations with Transport Canada and NAV Canada in relation ‎to airport operations and navigational requirements

CORPORATE & COMMERCIAL LITIGATION

• Defended a major Canadian investment firm in a large, multi-party lawsuit concerning investor losses ‎arising from the failure of a real estate limited partnership
• Defended numerous corporations against shareholders oppression actions brought under the Alberta ‎Business Corporations Act and Canada Business Corporations Act
• Acted on behalf of shareholder group to enforce Unanimous Shareholders Agreement
• Pursued claims for breach of trust arising from the failure of privately-held corporations and professional ‎partnerships
• Pursued claims on behalf of multinational corporations relating to patent infringement, theft of confidential ‎information and the violation of non-competition agreements in the oil and gas industry
• Acted as lead counsel defending a multinational corporation in multiple jurisdictions on a multi-million ‎dollar product liability claim
• Obtaining Mareva Injunctions, Norwich Orders and Anton Pillar Orders to preserve assets, compel ‎production of documentation and execute civil search warrants in cases where there are allegations of ‎fraud, breach of trust, misappropriation of funds and property
• Acting as a court appointed, independent supervising solicitor in relation to the execution of an Anton ‎Pillar Order in a major mortgage fraud case
• Acting on behalf of a variety of applicants and interveners in various regulatory hearings for the ‎construction of oil and natural gas pipelines and pumping and compression stations, electrical power ‎generation facilities, substations and transmissions lines ‎

CONSTRUCTION

• Acted in a wide variety of construction related disputes including claims relating to construction ‎deficiencies, delay, breach of warranty and fundamental breach of contract  ‎
• Acting as lead counsel defending a multinational corporation in several jurisdictions on a major product ‎liability claim relating to the failure of sealed glass windows

ENVIRONMENTAL

• Acted on behalf of several multinational corporations to defend them against allegations of chemical or ‎hydrocarbon contamination of large commercial and industrial sites

EDUCATIONAL INSTITUTIONS

• Acted on behalf of a variety of primary, secondary and post-secondary educational institutions on a broad ‎variety of issues including privacy, corporate governance, breach of contract, student disciplinary and ‎suspension hearings, harassment, defamation and workplace investigation procedures ‎
• Provided advice to various educational institutions in relation to the interpretation of Provincial legislation

• Presenter, Lawyers in Mediation - Help or Hindrance, February 27, 2009 - Alberta Justice
• Instructor, Bar Admission Course (CPLED Program) on Negotiations, Law Society of Alberta
• Instructor, University of Calgary, Faculty of Law - Intensive Negotiation Course for Second Year Students, ‎Dispute Resolution II, Law 618‎
• CBA Skilled Lawyer Series - Advocacy Stream, Negotiation Techniques for the Litigator (January, 2014) ‎
• Canadian Bar Association Business Law Section - Privilege Issues for In-House Counsel

• President, Board of Directors, ADR Institute of Alberta
• Board of Directors, Alberta Arbitration and Mediation Society
• Former Chair, Board of Directors, Legal Education Society of Alberta
• Former President, Canadian Bar Association, Alberta Branch ‎
• Former Member, National Executive Committee of the Canadian Bar Association ‎
• Member, American Bar Association’s Litigation, Aviation and Alternative Dispute Resolution Sections
• Member, Executive of the Canadian Bar Association’s National Alternative Dispute Resolution Section
• Member, International Bar Association
• Former Section Chair, Canadian Bar Association - Alberta Branch, Alternative Dispute Resolution Section
• Former Chair, Canadian Bar Association’s Civil Litigation Section
• Member, Law Society of Alberta, Canadian Bar Association and the Calgary Bar Association
• Member, Canadian Bar Association’s Task Force on Civil Justice Reform
• Member, Government of Alberta Justice Summit and Justice Reform Implementation Committee
• Inaugural President, University of Alberta’s Law Faculty Alumni Association, Calgary Branch, 2003 - 2004 ‎and currently a member of the Board of Directors