James M. Coady*

Representative Work

• Mr. Coady is 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.
  
  
• Mr. Coady is 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.
  
  
• Counsel for the owner/developer in claims for professional negligence for two landslides in a large subdivision in the City of Port Moody. Bedford Developments (Canada) Ltd. v. McElhanney Engineering Services Ltd. and Terra Engineering Ltd., BCSC C930010.
  
  
• Counsel for building owners in claims for professional negligence for the Brentwood Lanes roof collapse in Burnaby, BC. Brentwood Lanes Holdings Ltd. v. Vladimir Plavsic, BCSC C913322.
  
  
• Trial Counsel for the Public Guardian and Trustee of British Columbia in two leading Patient Property Act cases: O’Hagen v. O’Hagen, [1999] B.C.J. No. 431 (S.C.) (QL), reversed on appeal, 2000 BCCA 79; and British Columbia (Public Trustee) v. Bradley Estate, [1999] B.C.J. No. 123 (S.C.) (QL), reversed on appeal, 2000 BCCA 78.
  
  
• Counsel for quadriplegic Plaintiff in this action involving the issue of an employer supplying alcohol to its employees during working hours and it liability in those circumstances. Jacobsen v. Nike, [1996] 6 W.W.R. 488 (B.C.S.C.).
  
  
• Mr. Coady successfully defended the insurer including the dismissal of a quadriplegia claim against a manufacturer of pool slide in which leave to appeal to the Supreme Court of Canada was refused. Krusel v. Firth (1991), 56 B.C.L.R. (2d) 96 (S.C.) and affirmed (1991), 58 B.C.L.R. (2d) 145 (C.A.).
  
  
• Mr. Coady was Plaintiff’s counsel in Sum v. Kan (1995), 8 B.C.L.R. (3d) 91 (S.C.) and affirmed (1997), 44 B.C.L.R. (3d) (C.A.) which, to our knowledge, is currently the largest award in British Columbia for the wrongful death of a child.
  
  
• Counsel for a major contractor in actions regarding the tenders on construction contracts: Peter Kiewit & Sons Co. Ltd. v. Richmond (City) (1992), 1 C.L.R. (2d) 5 (B.C.S.C.); British Columbia v. SCI Engineers & Constructors Inc. and Peter Kiewit & Sons Co. Ltd., [1993] B.C.J. No. 248 (C.A.) (QL).
  
  
• Counsel for the insurer of pipeline seal manufacturer in a failed pipeline in Port Coquitlam, BC. Canron West Inc. v. Forsheda Pipe Seal Corp., BCSC C896085.
  
  
• Counsel for the Contractor in an action brought for an alleged failed water system for Queen Charlotte City. Skeena-Queen Charlotte (Regional District) v. Fownes Contracting (1980) Ltd., BCSC C865180.