David Outerbridge

David Outerbridge

Partner
Toronto: 416.865.7825
Fax 416.865.7380

Education

LLB/BCL (Gold Medalist), 1997
McGill University
MA, 1995
McGill University
BA (First Class Honours), 1991
McGill University

Bar Admissions

Ontario, 2000

Overview

David Outerbridge is a partner in Torys' Litigation Department. He acts as both trial and appellate counsel, with specialized expertise in complex written and appellate advocacy. His practice is broad, with an emphasis on energy and infrastructure litigation, construction and procurement disputes, product liability claims, class actions, insurance law, environmental claims and commercial litigation. David’s construction, energy and infrastructure clients include project developers and owners, lenders, contractors, design professionals, regulators and insurers. In David’s substantial class actions practice, he acts for clients in a wide range of industries including pharmaceutical companies, financial institutions, public authorities and schools.

David is one of Canada’s leading e-discovery lawyers. He is a member of the Steering Committee of Sedona Canada, author of the Sedona Canada Principles Addressing Electronic Discovery, which are incorporated by reference into the Ontario Rules of Civil Procedure. He is the Past-Chair of the e-Discovery Implementation Committee (EIC), 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 leads Torys’ e-discovery and litigation technology practice.

In addition to his commercial practice, David has substantial experience in public law, criminal and constitutional litigation. David has appeared as counsel at the Supreme Court of Canada, the Federal Court, all levels of court in Ontario, in commercial arbitrations and before various administrative tribunals, including the Human Rights Tribunal of Ontario and the Ontario Licence Appeal Tribunal. David has also acted as co-mediator of several complex commercial disputes.

David’s practice has a significant advisory and consulting component. He is frequently consulted about difficult legal questions by lawyers in the firm from various practice areas. He is recognized as an expert on, among other things, the law of privilege, directors and officers liability, insurance, electronic discovery and electronic evidence, and document retention.

Representative Work

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Recognition

Law Business Research's Who's Who Legal Canada—Leading lawyer in e-discovery (2015-2016)
Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory—Repeatedly Recommended in corporate commercial litigation and public law litigation (2016)

Insights

Ontario E-Discovery Institute, The Ethics of e-Discovery and Electronic Evidence, Toronto

Class Action Hot Topics (New York, Cambridge Forums conference on Cross-Border Litigation)

Media

Professional Involvement

In addition to his roles with Sedona Canada and the Ontario E-Discovery Implementation Committee, David is the Co-Chair of the Class Actions Section of the Ontario Bar Association and Program Coordinator of the Construction Law Section of the Ontario Bar Association. David speaks, teaches and writes frequently on a variety of topics including cyber-security, class actions, privacy, legal ethics, written advocacy, class actions, electronic evidence and e-discovery, solicitor-client and litigation privilege, and best practices for litigation readiness and document retention.

David’s practice includes a substantial pro bono component. He has advised and represented the Hamilton Conservation Authority, The Advocates’ Society, the Wind Dancer Pony Rescue Foundation, and other charities, non-profit entities and individuals in a variety of litigation and non-litigation matters, with a particular focus on corporate governance advice.

Before joining Torys, David had a diverse legal background. He obtained a Master’s degree focusing on U.S. constitutional interpretation, 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, in addition to having clerked for a Justice of the Quebec Superior Court of Justice. David practised civil litigation in Ottawa before moving to Torys in 2001.

Memberships and Affiliations

  • The Advocates’ Society
  • The Sedona Conference