Areas of Practice
James Zaitsoff is Associate Counsel and is the head of Legacy’s Estate and Trust Litigation Group.
James is an experienced trial lawyer and has appeared before all levels of court in British Columbia. James will strongly advocate for his clients in the courtroom, but he is also skilled at resolving matters through negotiation and mediation when it best serves his clients’ interests.
James was called to the British Columbia bar in 2009. Prior to joining Legacy, James practiced at a full service firm in downtown Vancouver for over 14 years as a civil litigator specializing in estate and trust litigation.
James’ estate and trust litigation practice includes the following:
- Wills variation claims – assisting clients seeking to vary wills or seeking to defend against such claims;
- Breach of fiduciary duty claims against executors and trustees – acting for beneficiaries or co-executors/co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;
- Claims regarding the validity, construction and administration of wills and other estate planning tools, including inter vivos trusts;
- Advising executors and trustees with respect to their rights, obligations, and potential liability in administering estate and trusts;
- Assisting beneficiaries in resolving issues relating to the administration of estates and trusts; and
- Committeeships and other elder law and incapacity proceedings.
James co-authors www.BCEstateLitigation.ca, a blog to inform readers of the latest developments in estate litigation. A selection of his columns have been compiled and published in an e-book format by canlii.org and can be found here.
Reported Cases/Representative Work:
- Bergler v. Odenthal 2020 BCCA 175
- Bergler et al v. Odenthal 2019 BCSC 1882
- Williams v. Williams 2018 BCSC 711
- Seven C’s Investments Ltd. C. Keay Investments Ltd. 2016 BCSC 6
- Tyson Creek Hydro Corporation v. Kerr Wood Leidal Associates Ltd. 2014 BCCA 17
- Vickery and other v. Creekhouse Industries and others 2013 BCHRT 224
- Easingwood v. Cockroft 2013 BCCA 182
- SFL Security Financial Leasing Inc. v. ICBC 2012 BCPC 322
- Select Mortgage Corp. v. 0856716 B.C. Ltd. 2012 BCSC 620
- Easingwood v. Cockroft 2011 BCSC 1154
- Petitioner No. 1 v. A Lawyer, 2011 BCSC 921
- Manning & Associates Inc. v. British Columbia (Liquor Control and Licensing Branch) 2011 BCSC 1086
- Ocean Floors Ltd. v. Crocan Construction Limited 2010 BCSC 409