Davies

James Bunting

Jim Bunting is a partner in the Litigation group. He is a trial lawyer experienced in a diverse range of areas, including arbitration, class actions, franchise disputes, advertising and deceptive or unfair trade practice disputes, securities litigation, defamation, executive employment matters, misuse of confidential information claims and sports-related disputes.

Jim has been involved in a wide variety of complex trials and hearings. His experience includes a precedent-setting case involving deceptive advertising allegations made by the Commissioner of Competition, a landmark case before the International Court of Arbitration for Sport and a number of appeals involving challenges under the Canadian Charter of Rights and Freedoms.

In addition to his diverse commercial trial practice, Jim has extensive experience with sports-related matters. This includes representing athletes, coaches, agents, National Anti-Doping Agencies and International Federations in respect of a variety of issues, including doping infractions, allegations of discrimination, contractual claims, carding disputes, team selection appeals and disciplinary appeals. Jim served as the Athlete Ombudsperson to the Canadian Olympic Committee during the 2016 Olympic Games in Rio and clerked with the Court of Arbitration for Sport at the 2002 Winter Olympic Games in Salt Lake City.

Jim is consistently named one of Canada’s leading litigators by legal directories. His recognitions include being named in the Report on Business/Lexpert special edition Canada's Leading Litigation Lawyers, in Chambers Canada as an up-and-coming lawyer in Dispute Resolution and in Benchmark Canada as a Litigation Star in Class Actions, Commercial Litigation and Securities. In 2014, Jim was named as one of the Lexpert Rising Stars: Leading Lawyers Under 40 and in 2016 he received Lexpert’s Zenith Award in recognition of his contribution to the advancement of diversity and inclusion in society through his pro bono work with athletes.

Representative Work

  • Successfully acted for Robert Schad and his company Athena Automation Limited defending a series of claims for misuse of confidential information against them by Husky Injection Molding Systems Limited that were dismissed following a lengthy trial on the Commercial List.

  • Acted for Freshii Inc. in a number of matters, including disputes with franchisees.

  • Representing wind power developers before the Environmental Review Tribunal and the Divisional Court responding to challenges to three of the largest wind energy projects undertaken in Ontario. These proceedings included an allegation that Ontario's wind energy regime violates section 7 of the Charter of Rights and Freedoms.

  • Successfully defended Rogers Communications Inc. in a precedent-setting misleading advertising case brought by the Commissioner of Competition. This case resulted in a lengthy 3-month trial that involved the first constitutional challenge to certain provisions of the Competition Act.

  • Successfully represented Dutee Chand, an Indian-born sprinter, in a landmark international sports ruling suspending the operation of the International Association Athletic Federation's Hyperandrogenism Regulation, which screens female athletes on the basis of their natural testosterone levels.

  • Successfully represented the International Paralympic Committee (IPC) before the Court of Arbitration for Sport in upholding the decision of the IPC to exclude the Russian Paralympic Committee from the 2016 Paralympic Games in Rio.

  • Represented Google Inc., jointly with local British Columbia counsel, in the appeal of a precedent setting decision granting a world-wide injunction requiring Google to block certain search results from its search engine.

  • Acted for Rogers Communications Inc. in connection with a number of consumer class actions, including claims relating to alleged misrepresentations about long distance charges, a class action seeking damages of $100 million alleging that certain cable services of Rogers were not available as advertised and a multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987.

  • Acted for Stingray Digital in a $50-million claim against its franchisor in a fast-tracked action before the Commercial List of the Ontario Superior Court of Justice.

  • Acted for Jaguar Financial Corporation, a shareholder of HudBay Minerals Inc., in its successful and precedent-setting application to the Ontario Securities Commission to set aside a decision of the Listing Committee of the Toronto Stock Exchange and compel HudBay to obtain shareholder approval in respect of HudBay's proposed $550-million acquisition of Lundin Mining Corporation. This case led to the termination of the proposed transaction and ultimately to the removal from office of members of the Board of Directors of HudBay.

  • Acted for the Special Committee of InnVest Real Estate Investment Trust in connection with the request of Orange Capital, LLC for a special meeting of unitholders and the settlement entered into among InnVest, Orange Capital and certain other unitholders.

  • Acted for Rogers Sportsnet in an action for defamation brought by the former Commissioner of the Canadian Football League.

  • Acted for InnVest Real Estate Investment Trust and InnVest Operations Trust in connection with a reorganization to unwind their "stapled unit" trading structure through a plan of arrangement under the Canada Business Corporations Act and the Trustee Act (Ontario).

  • Acted for a national-level athlete in successfully having a doping-related suspension reduced from two years to four months.

  • Acted for InnVest Real Estate Investment Trust in connection with a number of disputes relating to the management of a hotel.

  • Successfully represented Canadian cyclist Jack Burke before the International Court of Arbitration for Sport in establishing that Jack had no fault for his ingestion of HCTZ. The decision is one of the first findings of "no fault" rendered by the Court.

  • Acted for GrowthWorks Ltd. in its successful opposition to a plan of arrangement put forward by VenGrowth Funds in proceedings before the Ontario Superior Court of Justice.

  • Acted for Fido Solutions Inc. in the Superior Court of Ontario and Ontario Court of Appeal in defending successfully a $160-million claim commenced against it by Unique Broadband Wireless Services, Inc. relating to an alleged breach of contract, breach of confidence and breach of fiduciary duty.

  • Acted for the former directors and officers of Slater Steel Inc. defending them against certain pension-related claims commenced following the conclusion of Slater's Companies' Creditors Arrangement Act proceeding.

  • Acting for the members of the Canadian Women's National Soccer Team in respect of their compensation dispute with the Canadian Soccer Association.

  • Acted for Bell Canada in successfully having an arbitration seeking over $100 million in damages struck out on the basis that the claimant partnership had ceased to exist and the arbitration was therefore a nullity.

  • Acted for GEM Global in a breach of contract action against Intertainment Media Inc.

  • Acted for a franchisor in connection with a number of franchise disputes.

  • Acted for subsidiaries of Grupo FerroAtlántica, S.A. in a successful bid for the acquisition of the solar-grade silicon assets of Timminco Inc. and Bécancour Silicon Inc. in connection with their insolvency proceedings under the Companies' Creditors Arrangement Act.

  • Acted for InnVest Real Estate Investment Trust in connection with a claim brought by Choice Hotels International alleging breach of contract.

  • Acted for InnVest Real Estate Investment Trust in connection with its reorganization to become a Qualifying REIT for Canadian federal income tax purposes through the implementation of a "stapled unit" trading structure.

  • Acted as counsel for Dr. Bernard Sherman of Apotex in copyright infringement litigation in the Federal Court.

View All

Recognition

Return to profile

  • Honoured with a 2016 Lexpert Zenith Award in recognition of his contribution to the advancement of diversity and inclusion in the legal profession and society through his pro bono work with athletes.
  • Recognized in the ROB/Lexpert special edition Canada's Leading Litigation Lawyers; in The Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in Litigation - Corporate Commercial and Litigation - Securities; and in the Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada as a Litigation Lawyer to Watch.
  • Named one of the 2014 Lexpert Rising Stars: Leading Lawyers Under 40.
  • Recognized in the Expert Guides’ Rising Stars, including in its inaugural edition.
  • Recognized in The Best Lawyers in Canada as a leading practitioner in Corporate and Commercial Litigation.
  • Named a Litigation Star in the areas of Class Actions, Commercial Litigation and Securities Litigation in Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms & Attorneys.

Professional Affiliations

Return to profile

Ontario Bar Association

The Advocates’ Society

Board Memberships

Return to profile

  • Camp Oochigeas

Community Involvement

Return to profile

  • Volunteer, Camp Oochigeas
  • Past Fundraising Chair, Jays Care Foundation Young Professionals Committee

Teaching Engagements

Return to profile

Jim has taught Civil Procedure as an adjunct professor at the University of Western Ontario.

Speaking Engagements

Return to profile

Articles and Publications

Return to profile

Jim is a co-author of numerous published articles including:

  • "There’s a New Sheriff in Town: A Review of the United States Anti-Doping Agency"(International Sports Law Review).
  • "Challenging Proxy Solicitation Activities: Ontario Superior Court of Justice Decision in JLL Patheon Holdings et al. v. Patheon Inc."(Corporate Litigation Journal, 2009).
  • "A Question Related to Credit Bidding in an Auction" (National Insolvency Review).
  • "The Magna Proceeding: Devising a Litigation Strategy and Elaboration on the BCE Test" (2011 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada).
  • "Useful Websites for Civil Litigators" (Law Society of Upper Canada, 2014)
  • "Experts Only" (The Canadian Institute of Resources Law, 2015)
  • "Applying Team Sanctions for Doping: What Essendon has Told us About the use of Evidence At CAS" (Law In Sport, 2016)
  • "A Paperless Courtroom: Embracing the Use of Electronic Trials" (The Advocates' Journal, 2016)
  • "Summer of Sport – Gender Policing at International Sporting Events" (LexisNexis, 2016)
James Bunting
James Bunting
Partner
Office:
Toronto
Tel:
416.367.7433
Email:
jbunting@dwpv.com
Bar Admissions:

Ontario, 2003

Education:

University of Western Ontario, LL.B., 2002; B.A., 1999