James W. Rose Q.C., LL.B., B.A., Partner
Jim is a senior litigator with over 40 years of experience in litigation and dispute resolution. He has been counsel on more than 100 trials and appeals with 58 decisions reported in the Law Reports. He has appeared in the Court of Queen’s Bench, the Alberta Court of Appeal, the Federal Court, the Nova Scotia Supreme Court, the Supreme Court of Yukon, and the Supreme Court of Canada. Additionally, he has litigated cases in British Columbia and Saskatchewan.
Jim is a Fellow of the American College of Trial Lawyers.
Jim is recognized as a leading lawyer in the field of corporate and commercial litigation having handled a wide range of matters including: contractual interpretation, business loss, accounting issues, employment and labour disputes, and injunctive relief.
Much of Jim's commercial litigation practice is focused on the oil and gas sector. Beginning in the early 1990s, he was lead counsel in a trilogy of cases, Paddon-Hughes Development Co. v Pancontinental Oil Ltd. (1991), (1992) and (1995), that stand today as the leading cases in the interpretation of the Canadian Oil and Gas Lease. Since that time, Jim has been retained by oil and gas companies on a variety of challenging matters, most recently the arbitration of a $1 billion contractual dispute concerning the environmental condition and clean-up cost of oil and gas properties in western Canada.
Jim also represents industry participants in regulatory appeals from decisions of the Alberta Energy Utilities Board, Natural Resources Conservation Board, Energy Resources Conservation Board, and the Alberta Utilities Commission.
Jim is recognized as a leading practitioner in the area of product liability. He has acted on a wide variety of cases ranging from defective plastic toboggans to pipeline valves, and from cattle feed supplements to natural gas compressors. Jim's cases involve highly technical and scientific subjects including stress analysis, fracture mechanics, metallurgy, combustion and explosion, soils mechanics, chemistry and chemical engineering.
Jim's cases involving product liability and claims of negligence have included several catastrophic oil field accidents resulting in loss of life and millions of dollars in property and clean-up costs. He has acted on several large fire cases including a massive fire at the Yukon Electric Plant in Whitehorse and on a multilevel condominium fire that remains today the largest fire in Calgary's history.
Jim is also considered to be a leading practitioner in the field of insurance law. Throughout his career he has been retained as defence counsel by virtually every major insurer doing business in Canada. He has knowledge of and experience with all forms of insurance coverages and policies including: homeowners and automobiles, property, comprehensive general liability, boiler and machinery, directors and officers, and professional liability.
Jim has litigated coverage disputes for both insurers and insureds including claims of bad faith, the duty to defend and subrogation issues. He has been retained as an expert witness in the area of insurance law.
Jim has been retained as an arbitrator and is trained in the art of mediation and settlement.
Lecturer at Canadian Bar Association mid-winter meetings
Lecturer and Chairman of several legal seminars sponsored by The Canadian Institute, LEXPERT and Insight in Toronto and Calgary
Lecturer on civil litigation for Legal Education Society of Alberta (LESA)
Lecturer at Canadian Bar Association Civil Litigation & Insurance Law sub-section
Appointed Queen’s Counsel, 1992
Inducted into the American College of Trial Lawyers 2008
Rated AV Preeminent in Martindale-Hubbell
Recommended by Best Lawyers in Canada annually since 2013 as one of Canada’s leading lawyers in the areas of Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation and Product Liability Law
Recognized by the LEXPERT 2012 Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada in the area of Product Liability
Named by Best Lawyers in Canada 2012 and 2014 as "Lawyer of the Year" in Insurance Law
Recognized by The Canadian Legal LEXPERT Directory annually since 2010 as one of Canada’s pre-eminent lawyers in Litigation – Commercial Insurance, Product Liability and Personal Injury
Recommended by The 2011 and 2012 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading lawyer in the area of Product Liability
Identified as a leading practitioner in The 2010 LEXPERT/American Lawyer Media Guide to the Top 500 Lawyers in Canada in the fields of Product Liability and Commercial Insurance Litigation
Ranked as a Leading Product Liability Lawyer in the 2008 and 2009 LEXPERT/ALM Guide to the Leading 500 Lawyers in Canada
Areas of Expertise
Corporate & Commercial
Oil & Gas Litigation
Serious Personal Injury
Alternate Dispute Resolution
Year of Call
University of Alberta, B.A., LL.B., 1969, 1970