James H. MacMaster

Jim MacMaster has acquired a broad general background in the law since his call to the Bar in 1977. Initially, he practised for three years with Shrum Liddle & Hebenton (now McCarthy Tetrault) in general corporate, commercial, and real estate law. In 1980 he joined Russell & DuMoulin (now Fasken Martineau) where he focused on litigation and, in particular, administrative, health, insurance, and class actions. In August 1998 Jim and Ward formed Branch MacMaster.

Jim is recognized by Lexpert as a leading practitioner in class actions, and by "Who's Who Legal" as one of the top 10 products liability lawyers in Canada."

Jim has represented clients before the B.C. Supreme Court, the Court of Appeal, the Federal Court of, the Supreme Court of Canada, the Workers' Compensation Board, the Hospital Appeal Board, the Health Professions Council, and other administrative boards and tribunals.

Jim practises in all aspects of insurance litigation including liability defence and coverage issues. Jim has acted as legal counsel for manufacturers, hospitals, health professions, the national blood transfusion service, corporations, individual health practitioners, and individuals in a large variety of litigation including medical malpractice, personal injury, products liability, professional discipline and hospital privileges.

Jim was a Clinical Assistant Professor at the University of British Columbia for 10 years where he taught a Health Law course in the M.H.A. and M.H.Sc. programs of the Department of Health Care and Epidemiology.

Contact Jim MacMaster at jmacmaster@branmac.com or (604) 654-2955.

Areas of Practice

General Litigation with an emphasis on Insurance Law, Health Law, Class Actions, Products Liability, Professional Liability, Professional Discipline, Administrative Law, and Personal Injury

Education

B.A., The University of British Columbia, 1973
LL.B., The University of British Columbia, 1976
Admitted to the British Columbia Bar, 1977

Professional Activities

Clinical Assistant Professor, HCEP 537 Health Law, Department of Health Care and Epidemiology, Faculty of Medicine, The University of British Columbia, 1989-1999
Member, Administrative Civil Litigation, Health and Insurance Law Sections of the Canadian Bar Association, B.C. Branch
Vice-chair, CBA B.C. Branch Health Section Executive, 1998
Member, Defense Research Institute (U.S.A.)
Member, Medical Legal Society of B.C.
Speaker, "Medical Staff Structure", Pacific Health Forum, October, 1994 jointly with Dr. David Blair and Ms. Lisa de Paoli
Speaker, "Subrogation Claims: Areas of Conflict between Insurer and Insured Regarding Recovery" for the Canadian Institute, Vancouver, February 1994
Speaker, "Chiropractic Malpractice Legal Issues and Practice Points from a Defence Perspective" for the Continuing Legal Education Society of British Columbia, Vancouver, May 1994
Speaker, "Security Forces Issues and the Power of Arrest", St. Paul's Hospital, January 1992
Speaker, "Standard of Care", Annual Conference of B.C. College of Chiropractors, Victoria, November 1991
Speaker, "Medical Legal Issues", 37th Annual St. Paul's Continuing Medical Education Seminar, Vancouver, October 1991
Speaker, "The Regulatory Framework" and "Avoiding Civil Liability and Managing Risk", Congregate Housing and Care Facilities conference, Canadian Institute, March 1991 jointly with Ms. Theresa White
Participant, National Conference on Chiropractic Legislation in Canada, Montreal, June 1989
Speaker, "Legal Issues in Chiropractic", Annual Conference of B.C. College of Chiropractors, Vancouver, September 1988
Speaker, "Informed Consent", Annual Conference of B.C. College of Chiropractors, Nanaimo, Sept. 1987

Counsel Work

Counsel for insurers in class actions involving premium offset issues
Counsel in class actions involving unconstitutional probate fees, telephone rental charges, polybutylene plumbing, foreign exchange rates
Professional liability defence work defending accountants, architects, engineers, lawyers, psychologists
Product liability defence work involving aircraft parts, automobiles and automotive parts, barbecues, microwaves, scuba equipment, sporting goods, and urea formaldehyde
General liability defence involving automobiles, trucking, premises, operations
First party coverage questions including the defence of claims involving arson, bad faith, fraud
Counsel for insurer managing all leaky condo coverage issues
General counsel for regional hospital on all medical/legal issues including medical staff affairs, patient care, and nursing issues
Legal opinion for community hospital board on abortion-related issue
General counsel for health professions including representations to the government, scope of practice reviews, and professional disciplinary actions
General counsel for regional mental health agency
Defence counsel for national blood transfusion service in B.C. AIDS and hepatitis litigation including defence of class action
Defence counsel in British Columbia for health profession malpractice claims
Representation of general practitioners, ophthalmologists, urologists, orthopaedic, general, and oral surgeons on various hospital privileges issues before hospital boards and the Hospital Appeal Board
Representation of heath practitioners before Medical Services Plan Audit Committee
Representation of several doctors in residency training program appeals
Representation of an audiologist in disciplinary proceedings
Assisting corporate counsel in risk analysis and management including development of releases and warnings
Advising on insurance licensing and regulation issues
Plaintiff personal injury counsel for quadriplegic injured in swimming pool accident
Plaintiff personal injury counsel for brain injured victims of motor vehicle accidents
Plaintiff personal injury counsel in breast surgery malpractice case
Plaintiff personal injury counsel in motor vehicle claims against ICBC, including accident benefit claims and minimal damage claims