Our Team

David Outerbridge

Counsel

	Direct: 416.865.7825 Office: Toronto Fax: 416.865.7380 Email: douterbridge@torys.com

	David has particular expertise in legal analysis in complex litigation matters.

Practice

David Outerbridge is Counsel in Torys’ Litigation Department. He advises and represents clients in a broad range of litigation matters, with his practice primarily focused in the areas of construction litigation, product liability claims, environmental litigation, associated insurance claims and commercial disputes. David has substantial class action experience, as well as experience in criminal and constitutional litigation. David has appeared as counsel at the Supreme Court of Canada, the Federal Court of Canada and all levels of court in Ontario, as well as in arbitrations.

David’s practice has a significant advisory and consulting component. He has particular expertise and experience in legal analysis in complex litigation matters, including related written and oral advocacy. David is frequently consulted about difficult legal questions by lawyers in the firm from various practice areas. He is recognized as an expert on matters involving the law of privilege, electronic discovery, document retention and good document management practices. David advises clients on a wide range of litigation and non-litigation matters.

Cases

David has recently been involved in representing

the plaintiff in numerous claims involving negligence by builders, engineers and product manufacturers
the Chiefs of Ontario and Ontario First Nations Limited Partnership in the trial of a dispute over the proceeds from Casino Rama
a commercial printer defending a product liability claim by a major American food retailer
the Advocates' Society in its successful intervention before the Supreme Court of Canada in the Court’s first ever decision on the law of litigation privilege
manufacturers and retailers of consumer goods in disputes with their liability insurers over coverage for allegedly defective products
a chemical manufacturer and a paint company defending asbestos-related personal injury claims
a large insurance company defending class action proceedings brought by a group of former policyholders
construction companies and developers in claims involving alleged construction deficiencies and project delays
corporate directors defending claims based on alleged negligence and oppression
manufacturers of household appliances in connection with product recalls and in bringing and defending claims of alleged product defects
a school defending a historical sexual assault class action brought by former students
a variety of clients defending claims involving alleged environmental spills

Professional Involvement

David is the Chair of the e-Discovery Implementation Committee, a joint committee of the Ontario Bar Association and The Advocates’ Society, whose mandate is to implement best practices relating to electronic discovery in Ontario. David is also Chair of Torys’ e-Discovery Committee. David speaks and writes frequently on a variety of topics including class actions, electronic evidence, electronic discovery, solicitor-client and litigation privilege, and best practices for document retention.

David’s practice includes a substantial pro bono component. He has advised and represented the Hamilton Conservation Authority, The Advocates’ Society, charities and individuals in a variety of litigation and non-litigation matters. David has also served as a faculty member in trial advocacy courses at the University of Toronto.

David worked for a year with a Toronto criminal defence firm in 1997–1998, and served as a law clerk for Mr. Justice Frank Iacobucci of the Supreme Court of Canada in 1998–1999. Before joining Torys in 2001, David practised civil litigation in the Ottawa office of a large national law firm.

Selected Publications and Presentations

Model Discovery Plan and E-Trial Precedents Released
Briefly Speaking, vol. 35 no. 3 | June 2010

Getting to Grips with Electronic Discovery
Book Review, Briefly Speaking, vol. 35 no. 3 | June 2010

Privacy Constraints on Access to Evidence
Canadian Privacy Law Review, vol. 7, no. 4 | March 2010

Ontario Appeal Court Clarifies Test for Jurisdiction over Foreign Defendants
Torys Litigation and Dispute Resolution Bulletin | February 22, 2010

Limiting Access to Evidence: Privacy, Confidentiality, Proportionality and Other Constraints
Torys LLP | October 9, 2009

Litigation Readiness and Litigation Holds in the Age of E-Discovery
Client Seminar, Toronto | May 2009

Model E-Discovery Precedents Released
Briefly Speaking, vol. 34, no. 2 | April 2009

Documentary Evidence
Advanced Trial Evidence, Advocates' Society, Toronto | March 4, 2009

Recent Developments in E-Discovery Case Law
4th E-Discovery Course, Federated Press, Toronto | March 3, 2009

Ambiguous Non-Competition Agreements are Unenforceable, Says Supreme Court of Canada
Litigation and Dispute Resolution Bulletin | republished in CCH's Ultimate HR Manual – Western Edition, no. 20 | February 2009

Arbitration Clauses in Commercial Contracts
Client Seminar | February 2009

Records Retention in Connection with Litigation
Document Retention and Destruction in Ontario, Lorman, Toronto | January 29, 2009

Strategizing E-discovery
Co-presenter with Lynne Watt, Canadian Law and Technology Forum, Insight, Toronto | November 17, 2008

Preserving Privilege in a Corporate Group: Lessons from In re Teleglobe Communications Corp.
OBA Seminar: Privilege, Confidentiality and Conflicts of Interest | October 23, 2008
Republished in the March/May 2009 issue of Corporate Securities and Finance Law Report

Preserving Privilege Within the Corporate Family: Lessons from the Recent Teleglobe Decision
Client Seminar | June 2008

Electronic Discovery in Canada: Best Practices and Guidelines by Oleh Hrycko
Book Review | January 2008

Best Practices for Communicating with Experts
Torys' Seminar with James C. Tory | December 2007

The E-Discovery Implementation Committee
E-Record Management, E-Discovery, E-Evidence: Latest Public and Private Sector Strategies, Insight, Toronto | October 2007

Privileged and Confidential—An Update on Privilege Issues
Client Seminar with Wendy Matheson | September 2007

Privilege Issues for In-house Counsel
Client Seminar | August 2007

Mary Carter and Pierringer Agreements
Client Seminar | June 2007

E-Discovery Precedents
Electronic Discovery and the Sedona Canada Principles: Best Practices for Dealing with Electronic Information, Ontario Bar Association and Law Society of Upper Canada, Toronto | May 31, 2007

Recent Developments in E-Discovery
Torys' Seminar | April 2007

The Admissibility of Electronic Evidence
2006 Evidence Law for the Civil Litigator, Osgoode Professional Development, Toronto | September 2006

The Supreme Court of Canada Rules on Litigation Privilege
Co-author with Wendy Matheson, The Advocates' E-Brief, vol. 18, no. 1 | Summer 2006

Class Actions in Corporate and Commercial Litigation
2006 and 2005 Insight Civil Litigation Law Clerk Series, Toronto | March 2006 and July 2005

Selected Media Highlights

May 17, 2010: The e-discovery aspect of cases is increasing, says David Outerbridge in Law Times

April 16, 2010: There are several reasons for an electronic trial, says David Outerbridge in Lawyers Weekly

May 25, 2009: New Rule amendments require lawyers to address e-discovery requirements, says David Outerbridge in the Law Times.

January 15, 2009: Few litigators approach e-discovery systematically or strategically, says David Outerbridge in Canadian Lawyer

March 1, 2008: E-discovery creates a whole new dimension of litigation costs, says David Outerbridge in National Magazine.

Memberships

The Advocates’ Society

Practice Areas and Industry Groups

Administrative and Regulatory Advisory and Governance Arbitration Class Actions Constitutional Construction Environmental, Health and Safety Litigation and Dispute Resolution Products Liability Professional Liability Research and Precedents Restructuring and Insolvency White Collar Crime

Bar Admissions

Ontario, 2000

Education

LLB/BCL (Gold Medallist), 1997
McGill University

MA, 1995
McGill University

BA (First Class Honours), 1991
McGill University