Our Lawyers

James H. MacMaster

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

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 where he focussed on litigation and, in particular, administrative, health and insurance law, and class actions. In August 1998 Jim and Ward formed Branch MacMaster Barristers & Solicitors.

Jim is recognized by Lexpert as a leading practioner 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 Canada, 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.

Areas of Practice

• General Litigation with an emphasis on Class Actions, Health Law, Insurance Law, 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, American Trial Lawyers Association
• 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 in class action involving Hepatitis C
• Counsel for insurers in class actions involving premium offset issues
• Counsel in class actions involving unconstitutional probate fees, telephone rental charges, and polybutylene plumbing
• 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 several 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
• Defence counsel in British Columbia for health profession malpractice claims
• Representation of general practitioners, 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