David Outerbridge

David Outerbridge

Toronto: 416.865.7825
Fax 416.865.7380


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

Bar Admissions

Ontario, 2000


David 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 litigation and arbitration in the energy, infrastructure, construction and procurement sectors, insurance law, product liability claims, class actions, environmental claims and commercial litigation and arbitration. David’s construction, energy and infrastructure clients include project developers and owners, lenders, contractors, design professionals, regulators and insurers. In David’s class actions practice, he acts for clients in a wide range of industries including financial institutions, pharmaceutical companies, public authorities and schools.

David is the founder and current Chair of the Ontario Class Action Bench-Bar Liaison Committee, which addresses issues of common concern to class action judges and lawyers. David is a past co-Chair of the Class Actions Section of the Ontario Bar Association. He is a member of the Section Executive of the Construction & Infrastructure Law Section of the Ontario Bar Association. David is ranked as a thought leader in Who’s Who Legal: Thought Leaders – Litigation 2019.

David is one of Canada’s leading e-discovery lawyers. He is Co-Chair 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 a 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.

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, construction liens, the law of privilege, directors and officers liability insurance, cybersecurity, electronic discovery and electronic evidence, and document retention.

Representative Work

Load More


Best Lawyers in Canada—Leading lawyer in corporate and commercial litigation (2020)

The Canadian Legal Lexpert Directory—Repeatedly Recommended in corporate commercial litigation (2016-2018), product liability litigation (2018) and public law litigation (2016)

Who’s Who Legal—Thought Leaders: Litigation 2019

Who’s Who Legal Canada—Leading lawyer in e-discovery (2015-2018)


Working with the New Construction Act: “Professionalism Issues”

Law Society of Ontario, Toronto, ON

Breakfast with Appeal


Professional Involvement

David speaks, teaches and writes frequently on a variety of topics including construction law, 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 Shelley Gautier Para-Sport Foundation, 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

David is a member of The Advocates’ Society and The Sedona Conference.