James P. Parker
- Biography
- Experience
James P. Parker is a rising litigator in British Columbia with a strong ability to identify and achieve strategic solutions for complex legal problems. James has significant experience in civil litigation and arbitration matters, with a focus on complex real estate disputes. He has acted as trial and appellate counsel and in arbitrations on a broad range of cases, including matters involving trusts, property development, enforcement of foreign judgments, professional negligence, and employment law.
After law school, James clerked for Justices Garson and Fitch at the BC Court of Appeal. He joined NST following his call to the bar and has been mentored by the province’s best trial and appellate counsel, Irwin G. Nathanson, K.C., Stephen R. Schachter, K.C., Murray A. Clemens, K.C., and Randall R.J. Hordo, K.C. In addition to NST’s senior barristers, James regularly works alongside and learns from the firm’s next generation of leading litigators, James C. MacInnis, K.C., Karen L. Carteri, Peter R. Senkpiel, and Julia K. Lockhart.
James advocates fiercely for his clients, and provides strong legal analysis, negotiation skills and courtroom presence. He is tireless in mining the evidence, jurisprudence and statutes to craft the best legal arguments for his cases. In addition to his commercial litigation practice, James actively takes on pro bono work, including acting as appellate counsel under Access Pro Bono’s Court of Appeal Roster Program and providing free legal advice through the Access Pro Bono Clinic.
Education
- British Columbia Bar, 2018
- J.D., University of Victoria, 2016
- Certificate from Georgetown Law’s Center for Transnational Legal Studies in London, U.K., 2016
- M.A.T.S., Regent College, 2014
- B.A., University of Southern California, 2004
Recognition
- Class prizes in Advanced Taxation and International Investment Law, as well as end-of-year awards for outstanding academic performance and contributions to the law school and community life.
Community Involvement
- Member of the Access Pro Bono Court of Appeal Roster Program
- Volunteer for the Access Pro Bono Clinic
- Board member and Secretary for JustWork Economic Initiative (2018-2020).
Cases of Interest
- Escobar v Ocean Pacific Hotels Ltd., 2024 BCSC 1575
Together with Irwin Nathanson and Julia Lockhart, James conducted a two-week common issues trial in a class action proceeding brought by employees of the Pan Pacific Hotel in Vancouver. NST represented the defendant employer and was successful in obtaining dismissal of the primary claims in the proceeding, which alleged breaches of the duty of good faith and honest performance relying on the Supreme Court of Canada’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45. The proceeding is continuing on to individual issues trials. - Lonking (China) Machinery Sales Co. Ltd. v Zhao, 2024 BCSC 79
Together with co-counsel Stephen Schachter, K.C. and Edith Chen, James successfully represented individual defendants in an action brought by a Chinese conglomerate seeking enforcement of a multi-million dollar Chinese judgment against the defendants. The case was litigated for almost 8 years. After a three-week trial in 2023, the plaintiffs’ actions were dismissed entirely and the defendants were awarded double costs. - Gupta v. Kumar, 2023 BCCA 106
Acted as appellate counsel for the respondent in a family law appeal concerning a disputed interest in real property. James was successful in obtaining a dismissal of the appeal for his client. - G&T Martini Holdings Ltd. v. Desert Properties Inc, 2022 BCSC 2286
Acted as co-counsel to Karen Carteri for G&T Martini Holdings Ltd. in a major property development dispute with Desert Properties Inc., a member of the Mitchell Group. The matter involves disputes under an agreement by Martini to purchase over $150 million of serviced lands from the Mitchell Group and the development and servicing obligations of Desert thereunder. The main disputes have been determined in private arbitration, including several determinations in Martini’s favour with a value of over $20 million. Martini has also sought interim measures of protection from the British Columbia Supreme Court in relation to its claims to interests in certain Desert lands secured by a certificate of pending litigation. Karen and James were successful in defeating an application by Desert for cancellation of that certificate of pending litigation. - Garibaldi Capital Advisors Ltd. v. Faro Technologies Canada Inc. (BCSC 2022)
Acted as counsel to the plaintiff, Garibaldi Capital Advisors Ltd., against a US-based public company, FARO Technologies Inc., and its Canadian subsidiary in a dispute concerning non-payment of a “success fee” under a broker agreement. The case turned on contractual interpretation. Following a summary trial of the matter, James was successful in obtaining judgment for his client and payment of the full success fee. - Wolverton Pacific Partnership v. Triple F Investments Ltd., 2022 BCSC 1074, aff’d 2022 BCCA 262
Acted as co-counsel to Stephen Schachter, K.C., and Kevin Loo, K.C., successfully defending Triple F Investments Ltd. in a petition proceeding between shareholders of a real estate holding company. The petitioner, Wolverton Pacific Partnership, sought to enjoin Triple F from invoking a compulsory buy-out provision in a shareholders’ agreement on the basis that the shareholders’ agreement was no longer in force and that the compulsory buy-sell provision was not properly triggered. The chambers judge rejected those arguments and held that Triple F was entitled to invoke the buy-out procedure. Wolverton appealed the decision, and NST was successful in having the appeal dismissed. - Chung v. Solimano Law, 2021 BCSC 2620
Acted as counsel along with James MacInnis, K.C., for the defendants, Miller Thomson LLP and a former partner of the firm, in a solicitor’s negligence suit. James and Mr. MacInnis were successful in obtaining summary judgment and having the case against Miller Thomson and the former partner dismissed on the grounds that the action was barred by the Limitations Act. The case provided clarity to the law in BC in respect of limitation periods for solicitor’s negligence claims. - Badh v. 0971197 B.C. Ltd., 2021 BCSC 993
Acted as co-counsel to James C. MacInnis, K.C., for the defendants in a dispute concerning the purchase and sale of a Vancouver radio station. The plaintiff sought an injunction against the defendants to prevent them from selling the radio station to a third party. James and Mr. MacInnis were successful in having the injunction application dismissed and obtaining an award of special costs against the plaintiff. The action was settled shortly afterwards. - Six Factor Professional Services Ltd. v Aquilini Investment Group Limited Partnership, 2020 BCSC 127
Together with partner Karen Carteri, James achieved success for the plaintiff Six Factor at summary trial in a dispute relating to a service agreement to procure and install Google software licences and allegations of negligent misrepresentation. - Raicon Developments Inc. et al v. Mitchell Group Investments Inc.
Acted for the plaintiffs as co-counsel to Karen Carteri in claims alleging partnership in a Langley development project involving lands worth over $100 million, plus issues of oppression and business valuation in related projects. The claims were settled in August 2020 after confidential mediation. - Pirani v Pirani, 2020 BCSC 974
James assisted partners Peter R. Senkpiel and Stephen R. Schachter, K.C. in this case involving allegations of breach of trust arising from the winding up of four family trusts that held significant hotel properties in BC and the United States. The trial lasted four weeks and involved over 13 days of cross-examination by Mr. Senkpiel. In a judgment released June 30, 2020, the trustees were found to have acted in bad faith and to have breached their fiduciary duties. Disgorgement was ordered.
Publications and Presentations
- CLE BC Evidence chapter, 2018 to present
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