James Zibarras is a co-managing partner, and one of the three founding partners, of Brauti Thorning Zibarras LLP, where he heads up the firm’s civil and commercial litigation practice group.
James is called to the bar in Ontario, British Columbia and the State of California, and has practiced law in each of these jurisdictions.
As an experienced litigator, James has a broad civil litigation practice, with an emphasis on commercial disputes, shareholder disputes and contract disputes. James also has 20 years of experience pursuing damages and extra-ordinary relief, including injunctions and freezing orders, on behalf of victims of fraud, and is regularly asked to speak at anti-fraud conferences.
James has acted as lead counsel on hundreds of cases, appears in Court on a regular basis, and has been teaching trial advocacy skills to law students at the University of Toronto since 2004.
In 2012, James was appointed as a Deputy Judge of the Ontario Superior Court, where he presides on a part-time basis.
August 29, 2017
James Zibarras was asked to speak about Civil Fraud Remedies at the Vancouver Annual Fraud Conference of the International Association of Financial Crimes Investigators (“IAFCI”).
August 21, 2017
James Zibarras was asked to speak about Civil Fraud Remedies at PWC’s annual training course.
May 23-24, 2017
James Zibarras was asked to speak about Civil Fraud Remedies at the 26th Annual Niagara Counterfeit and Fraud Workshop.
February 27, 2014
Decision sends message to illegal downloaders. Voltage Pictures LLC is carving new ground as it continues down a path paved by a recent Federal Court decision ordering Internet service provider TekSavvy Solutions Inc. to release the names of 2,000 suspected illegal downloaders, Toronto lawyer James Zibarras says in Law Times. The court forced TekSavvy to release the information to Zibarras’ client Voltage Pictures LLC, removing Canadians’ ability to hide behind Internet Protocol (IP) addresses. Read the full article on AdvocateDaily.com
February 27, 2014
Artists, producers: take note of Federal Court decision. A recent ruling from Canada's Federal Court ordering an Internet service provider to release the names and addresses of more than 2,000 suspected illegal downloaders to a Hollywood production company should draw the attention of content creators across the board, as it will impact them moving forward, says Toronto lawyer James Zibarras. Read the full article on AdvocateDaily.com
February 21, 2014
Court orders release of suspected illegal downloaders' names. In a groundbreaking decision, Canada's Federal Court has ordered Internet service provider TekSavvy Solutions to release the names and addresses of more than 2,000 suspected illegal downloaders to international production company Voltage Pictures LLC, says Toronto lawyer James Zibarras. Read the full article on AdvocateDaily.com
- Voltage Pictures LLC v. John Doe
Obtained the first order by a Canadian Federal Court requiring an ISP to disclose the identity of 2000 of its customers who downloaded Voltage's copyrighted films.
- Storm Capital Corporation v. Advanced Explorations Inc.
Represented the plaintiff in enforcing a $2 million finder's fee agreement against a large mining company.
- Glass et al. v. Pronorth Transportation Inc.
Represented founding shareholder in multi-million dollar shareholder dispute and shareholder oppression action.
- DIRECTV, Inc., Bell ExpressVu and Echostar v. John Doe
Acted on behalf of DIRECTV, Inc., Bell ExpressVu, and EchoStar Satellite Corporation in numerous enforcement proceedings involving manufacturers, distributors, and customers of illegal piracy hardware/software for satellite signal theft. Obtained and executed numerous Anton Piller orders across Canada, resulting in the seizure of hundreds of thousands of illegal products and business records, and the shutdown of numerous websites.
- Canadian National Railway v. Mohawks of the Bay of Quinte First Nations
Obtained an injunction on behalf of CNR to compel members of the Bay of Quinte Mohawks to remove a blockade obstructing a vital rail corridor in Ontario. The blockade was in sympathy for First Nation land claim protests in Caledonia.
- Bank of Nova Scotia v. Richard Vero
Obtained injunctions on behalf of BNS enjoining communications with the BNS Board of Directors and the distribution of written materials referencing BNS or its employees.
- Valani v. Garrick
Obtained a three month term of imprisonment against a fraud Judgment Debtor who refused to make full and complete financial disclosure.
- Scheckel v. Walker
Obtained a six month term of imprisonment against a fraud defendant who refused to make full and complete financial disclosure.
- Ameriquest Mortgage Company v. John Doe
Acted as Canadian counsel on behalf of Ameriquest in an investigation and related proceedings arising out of a fraudulent telemarketing scheme.
- Indcondo v. Cave Hill Properties Ltd. et al.
Pursued a $10 million breach of contract and fraudulent conveyance claim stemming from a share-purchase transaction and failure to pay outstanding promissory notes.
- Agway v. Venture Steel Inc.
Defended a $2.5 million breach of contract dispute.
- BMW v. North York Chrysler et al.
Pursued a $1 million fraud and breach of fiduciary duty claims on behalf of BMW.
- Air Canada v. WestJet
Involved in successfully settling a $170 million action for misuse of confidential information and interference with contractual relations.
- Telanet v. Bell Canada Inc.
Pursuing $8 million breach of contract claim stemming from acquisition by Bell Canada of Smiston Communications Ltd.
- APX v. Battelle
Successfully settled a US$500,000 breach of contract claim involving the manufacture, sale and installation of complex scientific equipment involving vacuum deposition chambers and electron guns.
- West Van Inc. v. MNK Leasing et al.
Pursuing $6.5 million claims for fraud, interference with contractual relations and breach of fiduciary duties.
- Geoprospects et al. v. Falconbridge Limited
Successfully defended a US$50 million claim for alleged misuse of confidential mining information relating to vast areas in the Far East of Russia.
- Oppenheimer & Co. Inc. v. Blue-Dot Consulting Inc.
Involved in multi-million dollar breach of contract lawsuit on behalf of a brokerage house in New York that required urgent injunctive relief and involved complex commercial litigation issues.
- Stewart Title Guaranty Company v. Marek
Acted on behalf of Stewart Title in two related fraud and misappropriation of trust funds actions.
- Toshiba America Systems, Inc. v. eCycle, LLC & Telogy, Inc.
Successfully negotiated the resolution of a breach of contract and fraud action relating to a multi-million dollar equipment management services agreement.
- Tishcon Corporation v. Shaklee Corporation
Successfully represented Shaklee in a false advertising and unfair trade practices action involving competing pharmaceutical products.
- Webster v. Webster
Successfully defended a quiet title action in a bench trial involving breach of contract and quiet title claims.
- Applied Materials, Inc. v. BigMouth
Successfully mediated a breach of contract claim on behalf of Applied Materials. The action related to Applied's $5 million "Information for Everybody" ad campaign.
- Goodman Rosen Productions, Inc. et al v. Ernst & Young, Inc. et al
Successfully dismissed a breach of contract action against Ernst & Young, Inc. on jurisdictional grounds. The action related to the television series "Sir Arthur Conan Doyle's the Lost World".
- Hitachi Data Systems Corporation v. Electronic Data Systems Corporation
Successfully negotiated the settlement of a breach of contract action on behalf of Hitachi Data Systems.
- Slocan Forest Products Ltd. v. TFL Forest Ltd.
Successfully defended a $10 million breach of contract claim. The claim arose from a 1997 share purchase of a forest company.
- Wu v. Fine Line Interiors Group Ltd. et al.
Successfully mitigated damages against the defendant in a bench trial involving breach of contract and director liability claims.
- Arthur Services, Ltd. v. Telus Communications (B.C.) Inc.
Commenced an action for breach of contract, breach of warranty and misrepresentation for failing to provide Y2K compliant equipment.
- Dale Intermediaries, Ltd. et al v. Robert Openshaw et al.
Commenced an $8 million action against numerous defendants for negligent misstatement, breach of contract, breach of statutory duty, conversion, fraud, and conspiracy to commit fraud.