David is a partner in Torys’ Litigation Department. He has significant expertise both as a trial lawyer and as appellate counsel. His practice emphasizes litigation and arbitration in the energy, infrastructure, construction and procurement sectors, insurance law, product liability claims, class actions, environmental claims and commercial disputes. 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 Past-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 was for many years 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.
David is one of Canada’s leading e-discovery lawyers. He is a member and Past-Chair of the Steering Committee of Sedona Canada, which is author of the Sedona Canada Principles Addressing Electronic Discovery, a best practices document that is 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 lead counsel at the Supreme Court of Canada, the Federal Court, all levels of court in Ontario, in commercial arbitrations, before public inquiries and before various administrative tribunals, including the Human Rights Tribunal of Ontario and the Ontario Licence Appeal Tribunal. David was lead counsel for the Independent Review of the Use of Lethal Force by the Toronto Police Service. David has also acted as co-mediator of several complex commercial disputes.
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys—Litigation Star (Arbitration, Commercial, Construction, Energy, Insurance, Product Liability) (2021)
Best Lawyers in Canada—Leading lawyer in corporate and commercial litigation (2020-2021)
Who’s Who Legal—Global leader in e-discovery (2019-2020); Leading Canadian lawyer in e-discovery (2015-2020); Thought leader in litigation (2018-2020)
The Canadian Legal Lexpert Directory—Repeatedly Recommended in class actions (2021), corporate commercial litigation (2016-2020), product liability litigation (2018) and public law litigation (2016)
In addition to his robust dispute practice, David is one of Canada’s leading e-discovery lawyers. He is a member and Past-Chair of the Steering Committee of Sedona Canada, which is author of the Sedona Canada Principles Addressing Electronic Discovery, a best practices document that is 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.
David also speaks, teaches and writes frequently on a variety of topics, including construction law, insurance 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.
Memberships and Affiliations
David is a member of The Advocates’ Society and The Sedona Conference.