James Herbert

James Herbert

Areas of Practice

  • Civil & Commercial Litigation
  • Commercial Arbitration
  • Defamation
  • Family
  • Landlord and Tenant
  • Mediation/Arbitration
  • Malpractice

Originally from Alberta, James has lived in Toronto for nearly twenty-five years. He earned his Bachelor of Arts degree from the University of Alberta in 1985, followed by a Master of Arts degree at the University of Toronto in 1986, and his law degree from Osgoode Hall Law School in 1990.

James was called to the bar in 1992. He has worked his entire career at the firm, practicing family law and civil litigation. He is a partner in the firm.

In his twenty-year career, James has accumulated a great deal of experience, appearing in court in a wide variety of cases.

James’ approach to litigation is practical. He understands the costs and stress of litigation. He resolves his clients’ cases fairly, and in a cost efficient manner. In any litigation, a cost / benefit analysis is conducted before taking any significant step.

He is a supporter of alternatives to the traditional litigation route. In particular, James has had success with “Mediation / Arbitration” which is an increasingly popular way of resolving family law cases.

James has significant experience outside the area of family law. He regularly works in the area of defamation, wrongful dismissal, collections, and commercial litigation.

James is a member of the Advocate’s Society and the Ontario Bar Association.

He speaks at continuing education programs offered by the Ontario Bar Association and the Law Society of Upper Canada.

James was the co-chair of the “Family Law Institute,” a significant continuing legal education program offered by the OBA in February 2009.

He also acts as the editor of O’Brien’s Encyclopedia of Forms – Family Law.

Reported Decisions:

1.    Pellman v. Pustai 2009 CarswellOnt 6440

2.    Abernethy v. Peacock; 2009 CarswellOnt 3198; 2009 ONCJ 255; 68 R.F.L. (6th) 452

3.    Abernethy v. Peacock; 2009 CarswellOnt 2801; [2009] W.D.F.L. 4143; [2009] W.D.F.L. 4091; [2009] W.D.F.L. 4060; 68 R.F.L. (6th) 456

4.    K.F. v. M.B [2008] O.J. No. 5431

5.    Richie v. Harkness-Gehle 2008 CarswellOnt 6028 2008 ONCJ 475, [2008] W.D.F.L. 5137

6.    Xourafas v. Xourafas; 2006 CarswellOnt 8537; [2007] W.D.F.L. 4008; Ontario Superior Court of Justice

7.    Xourafas v. Xourafas  2006 CarswellOnt 8538; [2007] W.D.F.L. 4004, [2007] W.D.F.L. 4005, [2007] W.D.F.L. 4011

8.    Jones v. John; 2006 CarswellOnt 1681; [2006] W.D.F.L. 1789, [2006] W.D.F.L. 1774, [2006] W.D.F.L. 1798; Ontario Superior Court of Justice;

9.    Borelli v. Tam, [2006] O.J. No. 4460 ~ 2pp

10.    Borelli v. Tam, [2006] O.J. No. 3714 ~ 9pp

11.    Arrojo Investments Inc. v. Cardamone [2005] O.J. No. 170

12.    Manning v. Manning [2004] O.J. No. 4151

13.    Manning v. Manning; 2004 CarswellOnt 4117; Ontario Superior Court of Justice; October 5, 2004

14.    Starr v. Starr; 2004 CarswellOnt 2429; 4 R.F.L. (6th) 206; Ontario Superior Court of Justice

15.    Miyasaki v. Rustia [2004] O.J. No. 2338

16.    Deonarine v. Lachman [2004] O.J. No. 1863

17.    T.S. v. E.J.S. [2002] O.J. No. 4937

18.    Casson v. Casson [2001] O.J. No. 5135

19.    Camilleri v. Camilleri [2001] O.J. No. 2602

20.    Ramoowalia v. CJMR 1320 Radio Ltd. [1998] O.J. No. 4645

21.    Callon v. Callon [1999] O.J. No. 3108

22.    Canada Trust Co. v. Jackson [1999] O.J. No. 1113

23.    Jackson v. Jackson; 1998 CarswellOnt 5047; Ontario Court of Justice (General Division); November 23, 1998

24.    Byer v. Himark Enterprises Inc. [1998] O.J. No. 5025

25.    Dlot v. Choi [1995] O.J. No. 2603

26.    Chan v. Fleishman Auction (1990) Corp. [1993] O.J. No. 1073

27.    713860 Ontario Ltd. v. Royal Trust Corp. of Canada 27 O.R. (3d) 559

28. DeMarco v. DeMarco [2006] O.J. No. 4965 Ontario Court of Appeal

29. Palmer v. Palmer [2010] O.J. No. 2656

30. Elkaim v. Markina et al. (2010) 99 O.R. (3d) 284

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