Jim Schmidt | Fraser Milner Casgrain LLP

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Jim Schmidt LL.B., Partner

Jim is a partner and leader of the Litigation Group in our Vancouver office. Jim acts as counsel on commercial disputes at the trial and appellate court level and in commercial arbitrations. He also provides advice and counsel to clients concerning competition, taxation, trade and customs proceedings.

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Jim has acted as counsel on civil, regulatory and criminal cases in a number of business sectors, including the transportation, communications, natural resources and financial services industries.

He has successfully handled injunctions, contractual and fraud claims, negligence actions and matters involving catastrophic personal and business losses.

Jim’s representative work includes leading or significant cases involving the application of the Competition Act to civil damages claims for wrongful interference with business; recovery for fraudulent receipt of secret commissions; the availability of mental distress damages for breach of contract; and the evidentiary threshold for “toxic tort” claims.

Representative Work

Lead counsel on successful prosecution of civil fraud claims over three-week Supreme Court trial, leading to judgment of over $2 million

Acted for national television and Internet service provider in successful defence of Competition Act claims in Supreme Court of British Columbia

Acted for successful plaintiff in two-week trial in the Supreme Court of British Columbia concerning agent's compensation for negotiation of sale of property for commercial development

Represented successful party in jurisdictional dispute before British Columbia Court of Appeal arising from multi-party fraud litigation

Acted for international railway company on multi-million dollar arbitration over amounts owing under joint section agreement

Represented successful insurer in case before the Supreme Court of British Columbia and British Columbia Court of Appeal concerning right of appeal from arbitration

Lead counsel for Canadian trust company in multi-million dollar negligence and breach of fiduciary duty litigation

Defended a toxic mould case on behalf of a multinational property restoration company, securing dismissal of the case on a no evidence motion after five days of trial in the Supreme Court of British Columbia

Acted as counsel for the successful party on a leading British Columbia Court of Appeal case involving damages for mental distress for breach of a consumer contract

Counsel to a multinational insured in a coverage dispute involving a catastrophic property damage claim

Successfully defended third party “chronic pain” case at trial in the Supreme Court of British Columbia, obtaining judgment which included denial of costs to plaintiff and award of special costs for our client

Acted as counsel for a Canadian forest products company in multi-million dollar product liability litigation against a foreign defendant

Acted as counsel for a large natural resource company in proceedings in the Supreme Court of British Columbia to determine applicable limitation period for a cost recovery action under the British Columbia Waste Management Act

Counsel to the owner of a pulp mill in claim for engineering negligence in design of specialized equipment

Acted as counsel for a large Canadian transporter in successful proceedings before the Canadian International Trade Tribunal for refund of duties paid on commercial vessel

Represented a commercial importer charged with criminal offences under the Customs Act, leading to the dismissal of the charges after a five-day trial

Acted on successful tariff reclassification proceedings for importer of recreational goods

Publications

"No Determination of Abuse of Dominance by Tribunal: No Private Damage Claim", Focus on Competition | Antitrust - August 2010

Teaching Roles

Past Adjunct Professor of Law, Advanced Legal Research and Writing, University of British Columbia Faculty of Law

Prior Speaking Engagements

Presenter, “Canadian Trade Remedies and the Growth of the Chinese Export Economy”, Canadian Legal Conference, Canadian Bar Association