James R.G. Cook

James is a partner at Gardiner Roberts and a member of the firm’s Litigation and Dispute Resolution Group. He has been with the firm since articling in 2002 and brings more than two decades of litigation experience across a broad range of commercial, real estate, and professional liability matters.

James has extensive experience defending and advancing professional liability claims involving lawyers, financial institutions and advisors, accountants, mortgage brokers, and real estate professionals. His practice also includes complex real estate litigation, such as closing disputes, title defects, mortgage and easement issues, adverse possession claims, title insurance matters, cottage disputes, condominium litigation, and proceedings under the Land Titles Act.

In the commercial context, James regularly acts on contract and business asset disputes, financial institution claims, oppression remedies, director and officer liability matters, and shareholder and partnership disputes. He is frequently engaged in urgent and high-stakes proceedings, including civil fraud, Norwich Order tracing claims, and Mareva injunctions, Anton Piller orders, employment and non-competition injunctions, receivership-related matters, and privacy-related disputes. His experience also includes defamation claims, including internet-based liability.

James has represented clients successfully at both the trial and appellate levels, including in complex matters. His experience includes cases involving serious reputational risk, contractual interpretation, and litigation arising from improper conduct, where early and decisive court intervention was required.

James believes that experience matters and is known for his strategic judgment, tenacity, and ability to guide clients through complex and demanding litigation with confidence.

Outside of the office James enjoys spending time with his wife and children, mangling his way through carpentry and other DIY projects, and skijoring on frozen lakes with his German Shepherd.

Expertise

Representative work

Lawyer’s Professional Liability / Ineffective Assistance of Counsel

• Indigoblue Mortgage Investment Corporation v. Ahmad, 2025 ONSC 4161 (CanLII)
• Swan v. Duggan, 2025 ONCA 302, affirming 2025 ONCA 302
• Greenspan v. Goldman, 2022 ONSC 5578
• Locke v. Sultana et al, 2022 ONSC 4347 (CanLII)
• Braysan Properties Inc. “In Trust” v. Muchos et. al., 2022 ONSC 3703
• 2658396 Ontario Inc. v. Sanayei; 2022 ONSC 3189
• Vinczer v. 7084421 Canada Ltd., 2022 ONCA 400 (CanLII)
• Bors v. Bors, 2021 ONCA 513
• 9383859 Canada Ltd. v. Navaratnam, 2021 ONCA 210
• 9383859 Canada Ltd. v. Saeed, 2020 ONSC 4883
• Glegg v. Glass, 2020 ONCA 833 (CanLII)
• Bielanski v. Mundenchira, 2020 ONCA 811, affirming 2019 ONSC 1162 (CanLII)
• Peel Children’s Aid Society v. M.H., 2018 ONCA 619 (CanLII)
• Garrett v. Oldfield et al, 2014 ONSC 508 (CanLII) • Richmond v. James, 2008 CanLII 73705 (ON SC), 69 B.L.R. (4th) 79, 79 R.P.R. (4th) 267 – discussed in “Case must be strong if you decide to sue lawyer” The Toronto Star (June 13, 2009)
• Chuang v. Manning, 2008 CanLII 14175; 2010 ONSC 6296
• Diamond Contracting Ltd. v. MacDearmid, 2006 CanLII 24444 (ON C.A.)

Real Estate Litigation / Title Insurance

• Columnist, REM
• Medeiros v. Baldassarra et al, 2019 CarswellOnt 19345, 2019 ONSC 2682
• Sannuto v. Sannuto, 2012 ONSC 3903 (CanLII)
• Charlebois v. Stewart Title Guaranty, 2011 ONSC 6824 (CanLII)
• Nakhuda v. Stewart Title Guaranty Co., 2010 CarswellOnt 11201, 2010 ONSC 4926, [2010] O.J. No. 6170
• Freedman v. Toronto (City), 2009 CanLII 82620 (ON SC)
• Stewart Title Guarantee Company v. Zeppieri, 2009 CanLII 2329 (ON SC), 94 O.R. (3d) 196 – discussed in “Defending Under Title Insurance” The Lawyers Weekly (June 12, 2009)
• Dagarsho Holdings Ltd. v. Bluestone, 2005 CanLII 39321 (ON CA)
• T.D. Waterhouse Investor Services (Canada) Inc. v. Srivastava, 2005 CanLII 35791 (ON SC), 2005 CarswellOnt 4876, 143 A.C.W.S. (3d) 81

Commercial Litigation, Lease Disputes, Director/Officer Liability, Corporate Opportunity & Non-Solicitation Claims / Injunctions

• BMO v. 2761387 Ontario Inc, 2024 ONSC 6281 (CanLII)
• Braysan Properties Inc. v. Muchos, 2022 ONSC 940 (CanLII)
• 2184472 Ontario Inc. v. 1637601 Ontario Ltd, 2016 ONSC 7256 (CanLII)
• H&R Block Canada, Inc. v. Inisoft Corporation (Ontario), 2009 CanLII 37911 (ON SC)
• Autoworkers (Ajax) Credit Union Limited v. Cumis General Insurance Company, 2012 ONSC 172 (CanLII)
• Croatian (Toronto) Credit Union v. Vinski, 2011 ONSC 7123 (CanLII)
• Croatian (Toronto) Credit Union Limited v. Vinski, 2010 ONSC 1197 (CanLII
• bcIMC Construction Fund Corporation v. Preston Spring Gardens Inc., 2008 CanLII 1414 (ON SC)
• Challenge Gas Holding AB v. Echo Energy Canada Inc., 2008 CarswellOnt 8431; 2008 CanLII 19220 (ON SC); 2007 CarsellOnt 9714
• Toronto Dominion Bank v. Preston Springs Gardens Inc., 2007 ONCA 145 (CanLII), 31 C.B.R. (5th) 167; affirming 19 C.B.R. (5th) 165, 2006 CanLII 15145 (ON S.C.) – discussed in “Defendants denied leave to sue receiver of an insolvent co‑defendant” The Lawyers Weekly (May 26, 2006)
• BMO Nesbitt Burns Inc. v. TD Waterhouse Investor Services, 2006 CanLII 17338 (ON SC)
• Cohen v. YMR Capital Management Corp., 2006 CanLII 37780 (ON CA)
• Banyan Tree Foundation v. Singh, 2005 CanLII 44178 (ON SC)
• Researchco Ltd. Partnership v. Real Estate Search Corp., 2004 CanLII 35008 (ON SC)

Breach of Privacy / Unauthorized Intrusion/Hacking of Computer Data

• Autosurvey Inc. v. Prevost, 2005 CanLII 36255 (ON SC), 44 C.P.R. (4th) 274, discussed in “Lawsuit tossed out in ‘extraordinary remedy’” The Globe and Mail (November 30, 2005),

Defamation

• Author, A Practical Guide to the Law of Defamation, LexisNexis
• Fuda v. Conn, 2009 CanLII 1140 (ON SC)

Investment Advisor / Brokerage Liability

• Paciorka v. TD Waterhouse, 2008 CanLII 6646 (ON SC), 2007 CanLII 28749 (ON SC)
• Newman v. T.D. Securities Inc., 2007 CanLII 463 (ON SC); 2007 CanLII 10791
• Gibbins v. TD Waterhouse Canada Inc., 2007 CanLII 10789 (ON SC)
• Shoaga v. TD Waterhouse, 2006 CanLII 2191 (ON SC), 2006 CarswellOnt 450