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James Plotkin

Lawyer

  • Fierce advocate with experience before all levels of court
  • Author of books and articles on international and domestic arbitration and intellectual property
  • Broad experience in both private and public law

Biography

James’ advocacy focuses on commercial litigation and arbitration (international and domestic), as well as intellectual property and public law litigation. He has acted for a diverse range of clients, including individuals, small businesses, public interest groups, multinational corporations and a sovereign state. James has argued before the Supreme Court of Canada, Federal Court of Appeal, Federal Court, Ontario Court of Appeal and the Ontario Superior Court of Justice. He also regularly acts in international and domestic arbitrations and arbitration-related court proceedings.

James joined Caza Saikaley as an associate after articling with the firm in 2015-2016. Before returning, he served as law clerk to the Honourable Justice Richard Boivin of the Federal Court of Appeal. He obtained his LL.L., J.D., and LL.M. from the University of Ottawa where his graduate research focused on the implications of 3D printing on Canadian trademark law.

James has published numerous articles on international and domestic commercial arbitration, copyright, trademarks and domain name disputes. He has contributed commentary on copyright and related issues on television, radio, podcasts and various national and regional English and French print media.

Most recently, James co-authored a commentary on British Columbia’s International Arbitration legislation, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration. He is also co-authoring the next edition of Ontario’s arbitration legislation commentary.

In addition to his litigation and arbitration practice, James is involved in domain name dispute resolution, both as counsel and adjudicator. He is on Resolution Canada’s roster of domain name dispute panelists, one of two entities licensed to administer disputes within the “.ca” domain.

An avid mooter in law school, James competed on the University of Ottawa’s 2015 world champion Willem C. Vis. International Commercial Arbitration Moot Team, which he now assists in coaching. The Ottawa Vis Team’s 2017 win makes James the first person in the Moot’s nearly 30-year history to win as both an oralist and (very proud) coach. James volunteers annually to judge at the Vis Moot in Vienna and the Capital Cup Undergraduate Moot Court Competition at Carleton University in Ottawa.

  • Alexander Gay, Master Alexandre Kaufman & James Plotkin, International Commercial Arbitration Legislation of British Columbia: A Commentary (Thomson Reuters)
  • James Plotkin, “Arbitration’s Primacy? The Law Pertaining to Staying Court Proceedings in Favour of Arbitration”, County of Carleton Law Association 39th Annual Civil Litigation Conference (2019), 2019 CanLIIDocs 4077.
  • James Plotkin, “The Standard of Review on Appeals From Domestic Arbitral Awards Should be Open to Party Agreement”, (2018-2019) 5 McGill Journal of Dispute Resolution 7, 2018 CanLIIDocs 10648.
  • James Plotkin, “Deference Deference Shall You Do, For This Is Arbitral Review: Why Canadian Courts Should Exercise Maximal Deference When Reviewing Commercial Arbitral Awards For Legal Errors”, (2018) 27 Canadian Arbitration and Mediation Journal 1, p. 17 et seq., 2018 CanLIIDocs 10652.
  • James Plotkin & Natalie Kolos, “Canada” in Nikolous Pitkowitz eds., Handbook on Third-Party Funding in International Arbitration (New York: Juris, 2018).
  • James Plotkin, “The Impact of 3D Printing on Canadian Trademark Law: Selected Issues and Potential Solutions”, (2017) 33 CIPR 63, 2017 CanLIIDocs 3527.
  • James Plotkin, “The Model for a Path Forward: A Proposal for a Model Law Dealing With Cyber-Squatting and Other Abusive Domain Name Practices”, (2015) 27 Denning LJ 204, 2015 CanLIIDocs 4904.
  • James Plotkin, “The Copyright Implications of Book Editing Apps: Case Study – Story Surgeon”, 30 CIPR 2, 2014 CanLIIDocs 33197.
  • James Plotkin, “The Song Remains (Substantially) The Same: A Modest Proposal For A New Analytical Test In Music Plagiarism Cases”, (2013) 2 Michigan IT Lawyer 30, 2013 CanLIIDocs 505.
  • James Plotkin, “Analyse du règlement Google Books et son rejet par un tribunal de New York”, (2011) 23 CPI 3, 1427.
  • James Plotkin, “Il existe maintenant un domaine .xxx pour les sites pornographiques mais on ne sait pas trop qui le voulait et pourquoi”, (2011) 23 CPI 3, 1439, 2011 CanLIIDocs 403.
  • University of Ottawa Faculty of Law – “Uber v. Heller | Substantive Rights and Access to Justice in the Gig Economy”, November 6, 2019
  • Intellectual Property Institute of Canada – “Crash Course in Arbitration for IP Lawyers”, July 25, 2019
  • 2015 Osgoode Forum – Sex, Drugs & Rock ‘n Roll: Subversive Sites in the Law, June 2015
  • Vanier College – annual lecture on copyright in music, 2011 – 2018

Admission to the bar

Ontario (2016)

Education

LL.M., University of Ottawa, 2015
J.D., University of Ottawa, 2013 (Cum Laude)
LL.L., University of Ottawa, 2012 (Cum Laude)
DEC, Vanier College, 2009 (Jazz guitar – specialization in composition and arranging)

Professional Affiliations

  • The Law Society of Ontario
  • County of Carleton Law Association (CCLA)
  • Intellectual Property Institute of Canada (IPIC), 2013
  • Editorial Board – Canadian Intellectual Property Review, 2015
  • Young International Arbitration Group – London Court of International Arbitration (LCIA), 2015
  • Young Canadian Arbitration Practitioners (YCAP), 2016
  • Advocates’ Society, 2016
  • Resolution Canada (adjudicator), 2018

News & Blog

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Caza Saikaley LLP and Jeff Saikaley Named Finalists for the 2020 Faces Magazine Awards


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Caza Saikaley Prevails at the Federal Court of Appeal


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Caza Saikaley’s James Plotkin in new International Arbitration Third-Party Funding Handbook


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Court of Appeal Confirms Notice of Libel Required for Online Publication of Newspaper


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