James Coady is a Shareholder in Boughton Law’s Litigation Group. He is 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 King’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 as Counsel for:
Council of Yukon First Nations as intervener in the Supreme Court of Canada in Dickson v. Vuntut Gwitchin First Nation, regarding the application of the Charter to First Nations’ government, constitution and laws and the interpretation of s. 25 of the Charter.
Council of Yukon First Nations as intervener in the Supreme Court of Canada in Attorney General of Québec, et al. v. Attorney General of Canada, et al. regarding the Quebec government’s challenge to the constitutional validity of An Act respecting First Nations, Inuit and Métis children, youth and families.
A First Nation in negotiating with Canada and Alberta for the development of a First Nation oil sands mine project.
B.C. Utilities Commission in the City of Richmond appeal City of Richmond v. BC Utilities Commission regarding the jurisdiction of the BC Utilities Commission.
Fort McKay First Nation in the negotiation and finalization of the Moose Lake Plan with the Government of Alberta. The land agreement was reached after 20 years of negotiation and litigation. The plan creates a 10-kilometer development buffer zone around Moose Lake, which is a culturally significant area for the community.
Council of Yukon First Nations in Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 5 regarding the application of Canada’s Charter of Rights and Freedoms to First Nation’s government, constitution and laws.
British Columbia Utilities Commission in the City of Coquitlam’s appeal (Coquitlam (City) v. British Columbia Utilities Commission, 2020 BCCA 289).
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.
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 appeal of 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.
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  S.C.C.A No. 535 (QL).
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.
The British Columbia Housing Management Commission prosecuting claims on approximately 100 multi-residential “leaky condo” buildings involving defective building envelopes. This complex construction litigation involved multiple defendants in each action. As lead Counsel, he provided initial strategy for the proceedings and subsequently supervised the seven lawyer team prosecuting the actions.
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.
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.
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.