James D. Murphy

Experience

James's focus is on:

Commercial and general litigation

• Broad experience in corporate, commercial, oil and gas, estate, construction, and other areas of litigation
• Has acted as lead counsel in numerous Trials and Appeals before all levels of courts in Alberta, the British Columbia Supreme Court, and the Saskatchewan Court of Queen's Bench
• Has obtained numerous Anton Piller Orders and other pre-trial relief, including restrictive and mandatory injunctions
• Has appeared before multiple tribunals, including the Association of Professional Engineers and Geoscientists of Alberta (APEGA)

Energy litigation

• Extensive experience in energy litigation, including contractual interpretation, joint venture agreements, operator's duties, offset well clauses, rights of first refusal, facility ownership, royalties, and accounting disputes

Construction litigation, including builders' liens

• Acts for owners, general contractors and subcontracts in a variety of construction disputes, including builders' lien claims, delay and deficiency claims, tender disputes, and other construction disputes

Estate litigation

• Experience representing personal representatives or beneficiaries in contentious matters involving wills, trusts, and the administration of estates

Occupational health and safety

• Extensive experience defending companies against prosecutions brought under Occupational Health and Safety Legislation

Recent cases

Lead counsel for a defendant that successfully obtained a Court Order summarily dismissing a Plaintiff's claim to a working interest in numerous oil and gas processing facilities. This case turned on the proper interpretation of three joint venture agreements, the CAPL Operating Procedure, and the objective intentions of the parties to the contracts. O'Chiese Energy Limited Partnership v. Bellatrix Exploration Ltd. 2019 ABQB 53

Lead counsel to a publically listed oil and gas company in a confidential arbitration with its joint venture partner. The dispute raised issues regarding the operator's accounting and involved alleged damages of $70,000,000

Lead counsel to an operator in a $19,000,000 claim brought by its joint venture partner alleging that it misallocated gas and condensate volumes from joint wells at its gas processing facility

Lead counsel to a farmer who successfully obtained a declaration that a Joint Venture Agreement relating to the development of lands located near Langdon, Alberta was invalid, unconscionable, and had been terminated by the parties. The land developer unsuccessfully counterclaimed seeking approximately $50,000,000 in damages. Mikkelsen v. Truman Development Corporation, 2016 ABQB 23 and 2017 ABCA 99

Lead counsel to a roofing company in a claim seeking $6,500,000 in damages resulting from a fire that occurred while a commercial building in downtown Calgary was under construction. He successfully opposed an application brought by an insurance company to have two Actions related to the losses tried at the same time and to have the implied undertaking lifted. Center Street Limited Partnership v. Nuera Platinum Construction Ltd., 2017 ABQB 295

Lead counsel to a corporation that operated a feedlot and farm in Carnduff, Saskatchewan. He successfully obtained a Court Order declaring that his client was entitled to quiet enjoyment of the feedlot pursuant to a lease, and directing the Respondent to forthwith give up possession of the feed lot, and to allow his client free and unimpeded access to it. Purpose Farms Inc. v. Bar JB Ranch et al, 2017 QBG 2693

Lead counsel to an individual client who successfully obtained a Restricted Court Access Order, an Anton Piller Order, a Contempt Order, and a Vexatious Litigant Order against a Plaintiff. R.O. v. D.F., 2016 ABCA 170

Co-counsel to a corporation that obtained an ex-parte Anton Piller Order against a former employee who—days before he resigned—had downloaded an entire database of confidential client lists and other documents, and had surreptitiously taken 11 boxes of confidential information out of the office while everybody else was at the corporation's Christmas Party. As a result of the Anton Piller Order, the client got its client lists and other confidential information back from the former employee. Peters & Co Limited. v. Ward, 2014 ABQB 488 and 2015 ABCA 6