A legal team with proven results

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James Zibarras

Managing Partner

Contact Information

jzibarras@btzlaw.ca
tel: 416-304-6528
fax: 416-306-2967


Bar Admission

1998 (British Columbia)
2001 (California)
2004 (Ontario)

Areas of Expertise

Civil Litigation
Commercial Litigation
Labour and Employment


Language(s)

English




James Zibarras is a co-managing partner at Brauti Thorning Zibarras LLP and head of the civil and commercial litigation practice group. James was admitted to the British Columbia Bar in 1998, the California State Bar in 2001 and the Ontario Bar in 2004.

James practices civil litigation, with an emphasis on commercial disputes, shareholder disputes, commercial fraud, extra-ordinary civil remedies, and intellectual property. As a litigator, James is experienced in handling all phases of litigation through to trial and has acted as senior counsel before Canadian trial courts, U.S. trial courts and various alternative dispute resolution forums.


Appointments

In 2012, James was appointed as a Deputy Judge of the Ontario Court of Justice for the Toronto Region, where he presides on a part time basis.


Teaching and Speaking Engagements

James is an adjunct professor at the University of Toronto Law School, where he has taught trial advocacy skills since 2004. James is also regularly requested for speaking engagements, most often with the Continuing Legal Education Programs for lawyers put on by the Advocates' Society.


Publications

James has numerous articles in various legal publications, including the Commercial Litigation Journal, the Journal of the American Bar Association, and the Law Society of Upper Canada New Lawyer Practice Series.


Representative Engagements

  • Voltage Pictures LLC v. John Doe
    Successfully obtained the first order by a Canadian Federal Court requiring an ISP to disclose the identity of 2000 of its customers who downloaded Voltage's copyrighted films.
  • Storm Capital Corporation v. Advanced Explorations Inc.
    Successfully represented the plaintiff in enforcing a $2 million finder's fee agreement against a large mining company.
  • Dale Glass v. Pronorth Transportation Inc.
    Represented founding shareholder in multi-million dollar shareholder dispute and shareholder oppression action.
  • DIRECTV, Inc., Bell ExpressVu and Echostar v. John Doe
    Acted on behalf of DIRECTV, Inc., Bell ExpressVu, and EchoStar Satellite Corporation in numerous enforcement proceedings involving manufacturers, distributors, and customers of illegal piracy hardware/software for satellite signal theft. Obtained and executed numerous Anton Piller orders across Canada, resulting in the seizure of hundreds of thousands of illegal products and business records, and the shutdown of numerous websites.
  • Canadian National Railway v. Mohawks of the Bay of Quinte First Nations
    Obtained an injunction on behalf of CNR to compel members of the Bay of Quinte Mohawks to remove a blockade obstructing a vital rail corridor in Ontario. The blockade was in sympathy for First Nation land claim protests in Caledonia.
  • Bank of Nova Scotia v. Richard Vero
    Obtained injunctions on behalf of BNS enjoining communications with the BNS Board of Directors and the distribution of written materials referencing BNS or its employees.
  • Valani v. Garrick
    Obtained a three month term of imprisonment against a Judgment Debtor who refused to make full and complete financial disclosure.
  • Ameriquest Mortgage Company v. John Doe
    Acted as Canadian counsel on behalf of Ameriquest in an investigation and related proceedings arising out of a fraudulent telemarketing scheme.
  • Link v. Venture Steel Inc.
    Defending a $9 million shareholder and employment law dispute involving liabilities that came to light after the company was sold.
  • Indcondo v. Cave Hill Properties Ltd et al.
    Pursuing $10 million breach of contract and fraud claim stemming from a share-purchase transaction and failure to pay outstanding promissory notes.
  • Agway v. Venture Steel Inc.
    Defending a $2.5 million breach of contract dispute.
  • BMW v. North York Chrysler et al.
    Pursuing $1 million fraud and breach of fiduciary duty claims on behalf of BMW.
  • Air Canada v. WestJet
    Involved in successfully settling a $170 million action for misuse of confidential information and interference with contractual relations.
  • Telanet v. Bell Canada Inc.
    Pursuing $8 million breach of contract claim stemming from acquisition by Bell Canada of Smiston Communications Ltd.
  • Air Canada v. WestJet
    Involved in successfully settling a $170 million action for misuse of confidential information and interference with contractual relations.
  • APX v. Battelle
    Successfully settled a US$500,000 breach of contract claim involving the manufacture, sale and installation of complex scientific equipment involving vacuum deposition chambers and electron guns.
  • West Van Inc. v. MNK Leasing et al.
    Pursuing $6.5 million claims for fraud, interference with contractual relations and breach of fiduciary duties.
  • Geoprospects et al. v. Falconbridge Limited
    Successfully defended a US$50 million claim for alleged misuse of confidential mining information relating to vast areas in the Far East of Russia.
  • Oppenheimer & Co. Inc. v. Blue-Dot Consulting Inc.
    Involved in multi-million dollar breach of contract lawsuit on behalf of a brokerage house in New York that required urgent injunctive relief and involved complex commercial litigation issues.
  • Stewart Title Guaranty Company v. Marek
    Acted on behalf of Stewart Title in two related fraud and misappropriation of trust funds actions.
  • Toshiba America Systems, Inc. v. eCycle, LLC & Telogy, Inc.
    Successfully negotiated the resolution of a breach of contract and fraud action relating to a multi-million dollar equipment management services agreement.
  • Tishcon Corporation v. Shaklee Corporation
    Successfully represented Shaklee in a false advertising and unfair trade practices action involving competing pharmaceutical products.
  • Webster v. Webster
    Successfully defended a quiet title action in a bench trial involving breach of contract and quiet title claims.
  • Applied Materials, Inc. v. BigMouth
    Successfully mediated a breach of contract claim on behalf of Applied Materials. The action related to Applied's $5 million "Information for Everybody" ad campaign.
  • Applied Materials, Inc. et al v. Obayashi Corporation et al
    Successfully mediated a $90 million breach of contract dispute on behalf of Applied Materials. The dispute related to the construction of Applied's newest technology centre located in Sunnyvale, California.
  • Goodman Rosen Productions, Inc. et al v. Ernst & Young, Inc. et al
    Successfully dismissed a breach of contract action against Ernst & Young, Inc. on jurisdictional grounds. The action related to the television series "Sir Arthur Conan Doyle's the Lost World".
  • Hitachi Data Systems Corporation v. Electronic Data Systems Corporation
    Successfully negotiated the settlement of a breach of contract action on behalf of Hitachi Data Systems.
  • Slocan Forest Products Ltd.. v. TFL Forest Ltd.
    Successfully defended a $10 million breach of contract claim. The claim arose from a 1997 share purchase of a forest company.
  • Wu v. Fine Line Interiors Group Ltd. et al.
    Successfully mitigating damages against the defendant in a bench trial involving breach of contract and director liability claims.
  • Arthur Services, Ltd. v. Telus Communications (B.C.) Inc.
    Commenced an action for breach of contract, breach of warranty and misrepresentation for failing to provide Y2K compliant equipment.
  • Dale Intermediaries, Ltd. et al v. Robert Openshaw et al.
    Commenced an $8 million action against numerous defendants for negligent misstatement, breach of contract, breach of statutory duty, conversion, fraud, and conspiracy to commit fraud.

 


In the Media

  • Aug 7, 2014

    A music festival organizer is demanding an apology and a retraction, after a Toronto city councillor used a recent tragedy to spread “false, misleading and defamatory statements” about the company, alleges Toronto lawyer James Zibarras in a letter quoted in MetroNews. Read the full article on AdvocateDaily.com


  • February 27, 2014

    Decision sends message to illegal downloaders. Voltage Pictures LLC is carving new ground as it continues down a path paved by a recent Federal Court decision ordering Internet service provider TekSavvy Solutions Inc. to release the names of 2,000 suspected illegal downloaders, Toronto lawyer James Zibarras says in Law Times.

    The court forced TekSavvy to release the information to Zibarras’ client Voltage Pictures LLC, removing Canadians’ ability to hide behind Internet Protocol (IP) addresses. Read the full article on AdvocateDaily.com

  • February 27, 2014

    Artists, producers: take note of Federal Court decision. A recent ruling from Canada's Federal Court ordering an Internet service provider to release the names and addresses of more than 2,000 suspected illegal downloaders to a Hollywood production company should draw the attention of content creators across the board, as it will impact them moving forward, says Toronto lawyer James Zibarras. Read the full article on AdvocateDaily.com

  • February 21, 2014

    Court orders release of suspected illegal downloaders' names. In a groundbreaking decision, Canada's Federal Court has ordered Internet service provider TekSavvy Solutions to release the names and addresses of more than 2,000 suspected illegal downloaders to international production company Voltage Pictures LLC, says Toronto lawyer James Zibarras. Read the full article on AdvocateDaily.com