David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
A bank may be liable to non-customers who are victims of a fraud carried out by a customer of the bank if the bank had constructive knowledge (but not actual ... [more] Full article
In his recent Endorsement in 1318214 Ontario Limited v. Sobeys Capital Incorporated (2012 ONSC 2784), Justice David Brown provides his views on an emerging trend in the Toronto Region: requests ... [more] Full article
The Court of Appeal’s decision in Mady Development Corp. v. Rossetto, 2012 ONCA 31, reaffirmed the principle that equitable relief is always discretionary and fact specific. [more] Full article
In a recent decision, The Court of Appeal for Ontario clarified the circumstances under which a constructive trust remedy will be granted in favour of victims of fraud once a fraudster enters bankruptcy proceedings. In Credifinance Securities Limited v. DSLC Capital Corp,[1] DSLC made a $400,000 loan to Credifinance. Some time later, Credifinance defaulted on the repayment of the loan. DSLC came to suspect that the loan was obtained by way of fraudulent misrepresentations. [more] Full article
The Divisional Court has recently denied the Imax Corporation and certain of its directors leave to appeal a lower court decision that gave a green light to a class action lawsuit by certain of IMAX’s former shareholders. [more] Full article
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