James P. Parker

• G&T Martini Holdings Ltd. v. Desert Properties Inc, 2022 BCSC 2286 
  Acting as co-counsel to Karen L. 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 will be determined in private arbitration. 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.
• Keefer Entertainment Ltd. v. Hotel Georgia Development Ltd. et al
  Acting as counsel, along with Stephen R. Schachter, K.C., to the plaintiff, Keefer Entertainment Ltd., in a contract dispute concerning a venture to design and operate a new cocktail bar in the Hotel Georgia that was terminated prior to the cocktail bar’s opening.
• Rogers Communications Canada Inc. v. Simson-Maxwell Ltd.
  Acting as counsel to the plaintiff Rogers in its claim against Simson-Maxwell concerning a diesel fuel spill at a remote telecommunications facility on Mt. Blenheim near Port Alberni, BC.
• 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 R. Schachter, K.C., and Kevin D. 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invoking a compulsory buy-out provision in a shareholders’ agreement on the basis that the shareholders’ agreement was no longer in force and that the compulsory buy-sell provision was not properly triggered.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 C. 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.
• British Columbia (Director of Civil Forfeiture) v. PacNet Services Ltd.
  Acting as co-counsel to lead counsel R. J. Randall Hordo K.C., Stephen R. Schachter K.C., and Karen L. Carteri and other NST team members in two significant and complex civil forfeiture proceedings brought by the Director of Civil Forfeiture in British Columbia, as well as in a related claim in British Columbia under the International Business Association Act. Both cases involve allegations of participation in money laundering and involve coordinating with counsel in other jurisdictions, including the United States. The claims were filed in 2018 and a 61-day trial will commence in October 2023
• Hamilton High Street Management Corp. v. Euroke Investment Management Ltd. (BCSC 2022)
  Acted as counsel to the defendants in a dispute relating to the management of a seniors’ care facility in Richmond, BC. James successfully applied to set aside a pre-judgment garnishment order made against one of the defendants.
• Gomerich v. Gomerich
  Acted as counsel for the defendant executrix of her deceased father’s estate in a claim brought by her brother concerning the family farm. The plaintiff brother claimed against the deceased father’s estate for proprietary estoppel and unjust enrichment. The matter was settled in 2021 prior to trial.
• Liquor Store Arbitration
  Acted as counsel for the respondent Alcanna Inc. (since acquired by SNDL Inc.) in a private arbitration concerning a management agreement under which an Alcanna subsidiary operated a private liquor store in the Landsdowne Centre in Richmond, BC. In the arbitration, the claimant sought damages against the respondent for failing to earn bumper profits on liquor sales during the COVID-19 pandemic. The arbitration was settled in 2021
• Six Factor Professional Services Ltd. v Aquilini Investment Group Limited Partnership, 2020 BCSC 127
  Together with partner Karen L.M. 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 L.M. 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.
• Lonking (China) Machinery Sales Co. Ltd. v Zhao, 2019 BCSC 1110
  James and partner Stephen R. Schachter, K.C., successfully defended a summary trial application brought by the plaintiff Chinese corporation seeking to enforce Chinese judgments in British Columbia. At issue is whether the defendants had notice of Chinese actions in which default judgments were issued against them. The application judge agreed with the defendants that there were significant conflicts in the evidence and issues of credibility that made the matter unsuitable for summary trial. The matter proceeds to trial in 2021.
• 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.
• Antrim Investments Ltd. et al v. Li, (BCSC 2018)
  Together with partner Karen L.M. Carteri, James achieved a successful resolution in 2018 immediately prior to trial for the plaintiff lenders in an action involving allegations of mortgage fraud, conversion, and unjust enrichment.

In addition to the above matters:

• Acting as appellate counsel to the respondent husband in a family law case concerning the parties’ legal date of separation.
• Acting as counsel for the defendant employers in separate wrongful dismissal actions.
• Acted as counsel for an Australian manufacturer defendant in a manufacturer’s liability claim, and achieved a successful resolution prior to trial.
• As co-counsel to the parent company for Freshii restaurants, James assisted partner Peter R. Senkpiel to successfully obtain an injunction preventing a Freshii franchisee from operating a non-compliant restaurant.
• Along with Stephen R. Schachter, K.C., James was co-counsel to the defendant in a contract dispute relating to the dissolution of a prominent law firm partnership, which settled prior to trial.