James M. Coady, Q.C.*

Director, Shareholder

604 647 4105
jcoady@boughtonlaw.com

*Personal Law Corporation
vCard

Assistant
Sharon Siu
604 605 8338
ssiu@boughtonlaw.com

James Coady is a Shareholder in Boughton Law’s Litigation Group. He is a Director of Boughton Law and a former Director of Meritas, an association of 191 law firms worldwide.  He has over 30 years’ litigation experience. His broad practice includes aboriginal, commercial and construction litigation.

James is frequently involved in high profile and complex cases and has appeared before all levels of the Canadian court system. He was appointed Queen’s Counsel in 2015 and is listed in Best Lawyers in Canada for Corporate and Commercial Litigation as well as Alternative Dispute Resolution.

Representative Cases

Counsel for the Fort McKay First Nation in the negotiation and finalization of the Moose Lake Plan. The plan creates a 10-kilometre buffer zone around Moose Lake, which is a culturally significant area for the community.

Counsel for the Council of Yukon First Nations to apply for intervenor status in Cindy Dickson v. Vuntut Gwitchin First Nation, Court of Appeal File No. 20-YU872 (2020) regarding the application of Canada’s Charter of Rights and Freedoms to First Nation’s government, constitution and laws.

Counsel for British Columbia Utilities Commission in the City of Coquitlam’s leave to appeal(Coquitlam (City) v. British Columbia Utilities Commission, 2020 BCCA 289), appeal(Court of Appeal File No. CA46903), and reconsideration regarding BCUC Decision No. G-75-20.

Counsel for the intervener Council of Yukon First Nations, in the Yukon Coroner’s Inquest regarding the death of Cynthia Blackjack, a member of Little Salmon Carmacks First Nation. January 31, 2020, Whitehorse, Yukon. The inquest resulted in recommended improvements to health care for First Nation members on settlement lands.

Counsel for a First Nation in negotiating Impact Benefits Agreements with 4 major Oil Sands mining companies and related Alberta Energy Regulator applications from 2016 to 2020.

Fort McKay First Nation in Alberta Energy Regulator Proceeding No. 350, Prosper Petroleum Ltd. – Rigel Project (2018 ABAER 005); in a successful application for leave to appeal the AER’s approval of the oil sands project (Fort McKay First Nation v Prosper Petroleum Ltd., 2019 ABCA 14); and in the AER’s Redetermination of Proceeding 350.

The Sechelt Indian Band in a constitutional case involving interjurisdictional immunity, Sechelt Indian Band v. British Columbia 2013 BCCA 262, leave to appeal to SCC sought by Attorney General of BC, refused [2013] S.C.C.A No. 535 (QL).

The intervener Council of Yukon First Nations, in a case against the Yukon Government involving the duty to consult in the context of modern treaties, Beckman v. Little Salmon Carmacks First Nation 2010 SCC 53.

Lead counsel for the British Columbia Housing Management Commission prosecuting claims on approximately 100 multi-residential “leaky condo” buildings involving defective building envelopes. This complex construction litigation involves multiple defendants in each action. In that role, he provided initial strategy for the proceedings and subsequently supervised the seven lawyer team prosecuting the actions.

Counsel for a strata corporation which is to the best of our knowledge one of the largest damage claims arising out of multi-residential high rise building envelope failure claim in the province.

Counsel for the Ta’an Kwach’an First Nation in a claim against Yukon Government for breach of constitutional duties to consult and accommodate. Ta’an Kwach’an Council v. Government of Yukon YKSC 05-A0206.

Counsel for The Sahtu Secretariat Incorporated in Supreme Court of the Northwest Territories Court File No. S1- CV12015-000025 in a case against the Attorney General of Canada involving treaty obligations, and the duty to consult and accommodate in connection with amendments to the McKenzie Valley Resources Management Act.

Professional Activities

  • Former Board of Directors, Meritas Law Firms Worldwide
  • Member, Canadian Management Committee, Meritas
  • Former Board of Directors, Vancouver College
  • Former Executive Member, Vancouver Bar Association
  • Past Lecturer and Author, Continuing Legal Education of British Columbia

Representative Transactions

The Sechelt Indian Band in a constitutional case involving interjurisdictional immunity, Sechelt Indian Band v. British Columbia 2013 BCCA 262, leave to appeal to SCC sought by Attorney General of BC.

James was lead counsel for the British Columbia Housing Management Commission prosecuting claims on approximately 100 multi-residential “leaky condo” buildings involving defective building envelopes. This complex construction litigation involves multiple defendants in each action. In that role, he provided initial strategy for the proceedings and subsequently supervised the seven lawyer team prosecuting the actions. Coast Foundation v. Currie, 2003 BCSC 1781.

Counsel for a strata corporation which is to the best of our knowledge one of the largest damage claims arising out of multi-residential high rise building envelope failure claim in the province. The Owners of Strata Plan VR2540 v. Redden & Associates Management Ltd., BCSC S030328.

Counsel for the Ta’an Kwach’an First Nation in a claim against Yukon Government for breach of constitutional duties to consult and accommodate. Ta’an Kwach’an Council v. Government of Yukon YKSC 05-A0206.

Counsel for Council of Yukon First Nations breach of constitutional duties to consult and accommodate. Little Salmon / Carmacks First Nation v. The Government of Yukon, 2007 YKSC (CanLII), 2008 YKSC 13 (CanLII), leave to appeal to SCC granted January 29, 2009, as heard by SCC on November 12, 2009.