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James Bancroft

James Bancroft K.C.

Counsel
About

Jim Bancroft has extensive experience in all aspects of litigation, arbitration and mediation. Although he ‎has considerable court room experience he strives to find cost effective and practical solutions for his ‎client’s business problems. In addition to his litigation experience Jim is highly skilled in negotiation and ‎mediation techniques and strategies.‎

Jim has held leadership roles and executive positions in a variety of areas including acting as the Chair of ‎the Litigation and Regulatory Department, Managing Partner and member of the Executive Committee of ‎another National law firm.‎

Jim has also been very active in the legal community and has served in a number of important positions ‎with the Canadian Bar Association including President of the Alberta Branch and member of the CBA’s ‎National Executive Committee. He is very active in legal education and has served as a Board Member and ‎Chair of the Board of Directors of the Legal Education Society of Alberta and a member of the boards of ‎the Alberta Arbitration and Mediation Society and the ADR Institute of Alberta, where he also served as ‎Chair of the Board of Directors.‎

In addition, Jim has chaired and participated in a variety of legal and industry panels on issues pertaining ‎to commercial litigation - practice and procedure, product liability, environmental contamination, mediation ‎and negotiation.‎

 

Bar admissionsAlberta, 1979

EXPERIENCE

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
Languages
  • English
Education
  • Certificate in Negotiation and Mediation, University of Windsor
  • LL.B., University of Alberta, 1978
  • B.A. (Honours), University of Calgary, 1974

Awards

  • Best Lawyers in Canada (Corporate & Commercial Litigation), 2016-2023
  • Canadian Legal Lexpert® Directory (Litigation - Corporate Commercial), 2021-2022
  • Appointed Queen's Counsel, 1998
  • Martindale-Hubbell, Distinguished® Peer Review Rated

Publications

  • Alternative Methods of Dispute Resolution, Canadian Bar Association - Law Matters, Volume 32, No. 3‎
  • Preparing your Client for Mediation, Canadian Bar Association, Law Matters Volume 32, No. 4‎
  • Preparing Your Client for Mediation II, Canadian Bar Association - Law Matters, Volume 32, No. 5‎
  • ADR - One Size Does Not Fit All - The Choice of Alternative Dispute Resolution Strategies, The Lawyers ‎Weekly Vol. 26, No, 37, and Canadian Bar Association - Law Matters 

Seminars

  • 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

Media Mentions

 

OTHER ACTIVITIES

  • Volunteer, Kidney Foundation of Canada
  • Volunteer, Canadian Cancer Society
  • Volunteer, Habitat for Humanity
  • Pro bono work, Alberta Justice Mediation Program
  • Instructor, Alberta Justice Mediation Program

Memberships And Affiliations

  • 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

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