James D. Steele
James Steele’s practice focuses on estate litigation.
James is a partner with Robertson Stromberg LLP. James focuses his practice almost entirely on estate litigation, and has represented clients in hundreds of estate disputes. James has appeared successfully in every level of Saskatchewan court. He has also successfully presented written submissions to the Supreme Court of Canada.
James is frequently retained to act as litigation counsel for executors who already possess separate estate administration counsel. James is often retained to act for executors who are defending a will against a challenge.
James also maintains an advisory practice, and regularly assists in negotiating detailed agreements to resolve contentious estate disputes, especially in large estates. He also has specific experience in advising institutional or charitable clients in the context of disputed estates.
James has particular experience with such estate disputes as:
- Claims involving the validity of Wills (such as involving allegations of undue influence, incapacity or delusions);
- Removal of executors for misconduct;
- Challenging joint survivorship entitlements;
- Executor compensation disputes;
- Claims involving the interpretation of Wills;
- Passings of accounts;
- Litigation involving powers of attorneys;
- Applications for guardianship.
James also has experience in insurance and civil litigation. He has defended claims for a variety of insurance companies, as well as advancing subrogated actions. He also has experience in professional liability claims.
Prior to studying law, James earned a Bachelor of Arts in History from the University of Saskatchewan (U of S), graduating with Great Distinction. While earning his Juris Doctorate of Law at the U of S, James was awarded the P.E. Mackenzie Prize for the highest academic standing in the Evidence course and served as student editor of the Saskatchewan Law Review.
James was called to the Saskatchewan Bar in 2015.
James regularly presents on estate law issues throughout Saskatchewan. He is also the author of many articles on estate law issues, including those in academic journals, as well as such publications as Canadian Lawyer Magazine, Regina Leader-Post, Saskatoon Star Phoenix, Western Producer, and others. He has been invited to speak on estate disputes to such bodies as the Canadian Bar Association, the Saskatchewan Trial Lawyers Association, the Saskatchewan College of Law, the Society of Trust and Estate Practitioners, and various estate planning councils.
Practitioner Articles
- James Steele, “Emmett Hall: a Life” (2015) 30.1 CBA BarNotes 16
- James Steele, “Heritage Capital Corp v Equitable Trust: Municipal compensation payments will not run with the Land” The Court.ca (9 October 2016)
- James Steele, “Enforcement of Municipal Bylaws: A Primer” (2016) 31.1 CBA BarNotes 17
- James Steele, “The Law and Practise of Out-of-Court Evidence” (2016) The Advocate 8
- James Steele, “Rectifying Wills: A Litigator’s Guide” (December 2017) The Advocate 8
- James Steele, “Holding Taxpayers at Ransom” (August 2019) 86.7 Canadian Underwriter 79
Academic Articles
- James Steele, “The Partisan: The Life of William Rehnquist by John A. Jenkins” 2014 Sask. L. Rev. 77(2)
- James Steele, “The ‘Duty to Defend’ Exception: Solicitor-Client Costs and Liability Coverage Proceedings“, Issues in Focus in Craig Brown & Thomas Donnelly, Insurance Law in Canada, loose-leaf (Toronto: Thomson Reuters, 2016)
- James Steele, “Statutory Forebears: Legislative Evolution as a Means of Statutory Interpretation” (2018) 39:3 Stat.L.R. 303
- James Steele, “Deterrence not Damages: The Punitive Rationale for Solicitor-Client Costs” (2018) 36 Can J Ins L 164
- James, Steele, “Resulting Trusts over Torrens Land“, Issues in Focus in Brian A Schnurr, Estate Litigation, 2d ed., vol. 1 (Toronto: Thomson Reuters, 2017).
Blog Articles
- Case comment on Figley v. Figley, 2018 SKQB 102
- Case comment on Olson v. Skarsgard Estate, 2018 SKCA 64
- Case comment on Klassen v. Estate of John Arnold Wiers, 2018 SKQB 32
- Case comment on Karpinski v. Zookewich Estate, 2018 SKCA 56
- Case comment on Carlson v. Carlson Estate, 2018 SKQB 196
Media
- Zimmer, Becky. ‘Poorly written wills can cause headaches for loved ones’ The Western Producer (2020)
- ‘Where there’s a Will there’s a less contested way to divide your estate‘ Battleford News-Optimist (June 2020)
- ‘Powers of attorney – get legal help to ensure you are protected’ Battleford News-Optimist (June 2020)
- ‘Discuss wills with family advise Sask lawyers’ Regina Leader-Post (January 2021)
- Presentation to STEP Canada (Society of Trust and Estate Practitioners);
- Presentation to Canadian Association of Farm Advisors on estate litigation (March 23, 2022);
- Presentation to Regina Estate Planning Council (December 2, 2021);
- Presentation to STLA fall conference – “Steps in a Will Challenge” (October 22, 2021);
- Presentation to Law Society of Saskatchewan seminar on estate litigation (June 2021);
- Presentation to the Funeral and Cremation Services Council of Saskatchewan (May 2021);
- Regular presenter at pro bono seminars at the Saskatoon Public Library, on wills and estates (2019 to date);
- Presentation on estate litigation to the CBA Wills, Estates & Elder Law North section (March 2021);
- Presentation on estate litigation to the Wills Class – University of Saskatchewan College of Law (February 2021);
- Co-Presentation with RBC on Wills & Estates (March 2021) ;
- Co-presentation with M. Kim Anderson, Q.C., for the Saskatchewan Regional Parks Association Seminar, April 5, 2019 (effective enforcement of bylaws and leases by Regional Parks);
- Co-presentation with M. Kim Anderson, Q.C., for the Saskatchewan Regional Parks Association Fall Seminar, October 21, 2016 (Campsite leases);
- Co-presentation with M. Kim Anderson, Q.C., for the Saskatchewan Regional Parks Association Fall Seminar, April 7, 2017 (Eviction of tenants and other lease issues);
- Co-presentation with Sean Sinclair, before the Saskatchewan Trial Lawyers Association, April 20, 2017 (Challenging of Wills);
- Co-presentation with Sean Sinclair, before the CBA Wills, Estates and Elder law Section, September, 2017 (Estate Litigation);
- Co-presentation with Curtis Onishenko, to the 2019 CBA Mid-winter meeting (Estate Litigation);
- Presentation to the Saskatoon Estate Planning Council, March 12, 2019 (Litigation Involving Power of Attorneys)
- James’s life is balanced with his passion for music. James is extensively involved in fiddle music throughout Saskatchewan, performing regularly. He is a former Canadian Grand Master Fiddle Champion, a six-time Grand North American Champion, and a nine-time Saskatchewan Champion. James was previously a member of the Board of Directors for the John Arcand Fiddle Fest.
- James is a board director for the Canadian Grand Masters Fiddling Association. The Association is a national arts organization recognized by the Canadian Government. It organizes an annual invite-only competition for Canada’s top fiddlers.
- James is a regular volunteer at pro bono Wills and Estates sessions held at the Saskatoon Public Library.
- James was the 2019 winner of the Cam Partridge Memorial PLEA Volunteer of the Year Award.
- James is the Legislation and Law Reform Director for the CBA Saskatchewan Board.
Media
- Zimmer, Becky. ‘Poorly written wills can cause headaches for loved ones’ The Western Producer (2020)
- ‘Where there’s a Will there’s a less contested way to divide your estate‘ Battleford News-Optimist (June 2020)
- ‘Powers of attorney – get legal help to ensure you are protected’ Battleford News-Optimist (June 2020)
- ‘Discuss wills with family advise Sask lawyers’ Regina Leader-Post (January 2021)