James C. MacInnis, K.C.

Mr. MacInnis, K.C. is a trial and appellate lawyer. Benchmark Canada has listed Mr. MacInnis as a “Litigation Star” in British Columbia since 2012. Mr. MacInnis is recognized in Best Lawyers Canada in the fields of Corporate Commercial Litigation and Alternative Dispute Resolution. He regularly appears as counsel in the B.C. Supreme Court and Court of Appeal.

Mr. MacInnis acts for corporations, both private and public, as well as individuals. Mr. MacInnis’ practice is focused on commercial and business disputes, including contractual disputes, professional negligence, defamation, construction disputes, insurance defence, trust and pension claims, franchise disputes, securities matters, and wrongful dismissal actions.

Mr. MacInnis graduated as gold medallist from the University of British Columbia Law School in 1997. He then served as the judicial law clerk to the Chief Justice of British Columbia, the Honourable Allan McEachern, at the British Columbia Court of Appeal. He was called to the British Columbia Bar in 1998.

Mr. MacInnis has contributed numerous articles and chapters to both academic and professional publications dealing with commercial law issues. He is the co-editor and contributing author of Business Disputes in British Columbia. He is the co-author of a civil procedure manual published annually by Carswell that is used by litigators throughout British Columbia. He contributes the chapter on Evidence for the Annual Review of Law and Practice, published each year by CLE.

Mr. MacInnis was appointed King’s Counsel in 2019.

Mr. MacInnis has acted as counsel or co-counsel in a range of commercial and business disputes, including:

Mining Disputes

Counsel for mineral exploration company in successfully obtaining constructive trust over Argentinean mineral concession considered at the time to contain one of the world’s largest undeveloped silver deposits in Minera Aquiline SA v. IMA Exploration Inc.

Counsel for Nevada mineral exploration company in dispute with British Columbia company over control of Colombian mining concession. Successfully obtained injunction to prevent interference with client’s control of the property: Mercer Gold Corp. (Nevada) v. Mercer Gold Corp. (B.C.).

Construction Disputes

Counsel for multinational corporation defending claims advanced in two of British Columbia’s largest construction disputes: Strata Plan LMS 1751 v. Scott Management Ltd. and Strata Plan LMS 1725 v. Pacific Place Holdings Ltd.

Defamation

Counsel for B.C. Ferries in successfully defending defamation claim in M.D.A. Marine Design Associates Ltd. v. British Columbia Ferry Services Inc.

Pension Litigation

Counsel for 67 employees and former employees of Tolko Industries, in a claim against the employer and its actuaries arising from the conversion of the pension plan from a defined benefit to defined contribution plan in Dawson v. Tolko Industries.

Other Commercial Matters

Counsel for Liquor Barn Income Fund in successful appeal addressing procedural issue in multi-party fraud case in Liquor Barn Income Fund v. Mather.

Counsel for British Columbia company in successful application to stay court proceedings in favour of arbitration in Boxer Capital Corp. v. Marine Land Developments Ltd.

Counsel for British Columbia couple in successful action for breach of fiduciary duty against their former solicitors in Chudy v. Merchant Law Group.

Counsel for plaintiff in successful action against former financial advisor resulting in damage award of $6.3 million and constructive trust over property in Schwarzkopf v. McLaughlin.

Counsel for mineral exploration company and its president in defence of claims arising out of joint venture agreement in Adroit Resources Inc. v. Tres-Or Resources Ltd.

Counsel in multi-party commercial dispute involving Anton Piller Order and Mareva injunctions in XY LLC v. Canadian Topsires Selection Inc.

• Admitted to the British Columbia Bar, 1998
• LL.B., University of British Columbia (Gold Medallist) 1997
• Master of Arts, McGill University (Guy Drummond Scholar) 1993
• Bachelor of Arts, McGill University (Honours) 1990

• Law Clerk to the Chief Justice of British Columbia, British Columbia Court of Appeal, 1997-1998

• Author, British Columbia Supreme Court Rules Annotated, 2001-Present (Carswell)
• Co-Editor and Contributing Author, “British Columbia Business Disputes” (CLE, 2011; 2d. 2013)
• Contributing Author, Introducing Evidence at Trial: A British Columbia Handbook (CLE 2007; 2d. 2013)
• Contributing Author, The British Columbia Civil Trial Handbook (CLE 1st ed. 2003, 2d ed. 2005)
• Author, "Evidence", Annual Review of Law and Practice 2003-Present (CLE)
• Author, "Contribution and Indemnity", (Chapter) CLE Course materials for Torts 2013, May 23, 2013
• Author, "Damages", (Chapter) CLE Course Materials for Commercial Litigation, March 31, 2005
• Author, "Strategic Resolution" (Chapter) CLE Course Materials for A Litigator's Arsenal 2007, June 8, 2007
• Author, "Protecting Your Client from Yourself: The Pitfalls of Negotiating Real Property Transactions by Solicitor's Correspondence" (1999), 27 Real Property Reports (3d) 67
• Co-Author, "Lenders (and others) Beware" (1999), 11 Lex Mundi's World Reports 3
• Co-Author, "Supreme Court of Canada Clarifies the Criminal Interest Rate Provision" (1999), 14(1) National Creditor-Debtor Review 5
• Author, "Neither Nice Nor Easy: Reconsidering Clairol International and Section 22 of the Trade-marks Act" (1998), 13 Intellectual Property Journal 25
• Author, "Commercial Morality and Passing-off: a model for a modern tort" (1998), 30 Canadian Business Law Journal 415

Director, KidSafe Project Society
Vancouver United Football Club – coach from 2009-2013