Owen J. James | Fraser Milner Casgrain LLP

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Owen J. James LL.B., B.A., Associate

Owen practises in the area of litigation and dispute resolution, with an emphasis on general commercial and environmental matters, and in the area of bankruptcy and insolvency.

Owen has appeared as counsel before all levels of court, including the British Columbia Supreme Court, the British Columbia Court of Appeal and the Supreme Court of Canada. He has also appeared as counsel before a number of administrative bodies in British Columbia, including the Forest Appeals Board and Safety Standards Board. Owen’s administrative law experience also extends to acting for clients before more informal government decision makers, tasked with overseeing hearings concerning environmental and resource related issues.

Prior to joining Fraser Milner Casgrain as an articling student, Owen clerked at the British Columbia Supreme Court.

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Representative Work

Acting for and advising clients on a wide variety of contaminated site issues relating to industrial, commercial and residential properties

Defending clients in administrative proceedings under the Forest Range and Practices Act, as well as other environmental statutes and regulations: see, for example, Tembec Enterprises v. British Columbia, Decision No. 2008-FOR-011(a)

Acting for both debtors and creditors in a variety of insolvency matters and related proceedings, including proceedings under both the Companies’ Creditors Arrangement Act and the Canadian Bankruptcy and Insolvency Act

Acting for a secured lender in proceedings concerning the priority of unremitted GST proceeds in a failed restructuring under the Companies’ Creditors Arrangement Act: see Century Services Inc. v. Canada (Attorney General), 2010 SCC 60

Acting for creditors in collection disputes, garnishment proceedings and fraud claims

Publications

"Century Services Inc. v. Canada (Attorney General)", Published by The International Who's Who of Insolvency & Restructuring Lawyers, July 2011

Gordon S. Funt & Owen James, “The Century Services Case – Getting the Crown’s Priorities Straight”, CCH Tax Topics 2028 (20 January 2011) 1. online: FMC.

Owen James & Matthew Curtis, "Government Loses its Priority to GST in CCAA Proceedings”, FMC Focus on Insolvency | Restructuring Newsletter (22 December 2010) online: FMC.

Owen James, Cindy Cheuk & Jennifer Cockbill, “Collections” in Susan Munro et al, eds, Annual Review of Law & Practice, 2010, 2011, 2012 ed (Vancouver: Continuing Legal Education Society, 2010, 2011, 2012) 91.

John Douglas Shields et al, Provincial Court Small Claims Handbook loose-leaf (Vancouver: Continuing Legal Education Society, 1997) (Owen James, contributing author, Chapters 2, 3, & 5 of 2010 update; updated versions in forthcoming 2011 update).