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Background
David Di Paolo is a partner at our Toronto office and is the Manager of our Toronto Commercial Litigation Group. David is also the Regional Chair of our Securities Litigation Group. David was admitted to the Ontario Bar in 1998. He graduated from the University of Western Ontario Law School in 1996.
Prior to that, he received a Bachelor of Science (Honours) in Biology and Psychology, graduating Summa Cum Laude.
Areas of Practice
- Securities Litigation and Regulation, including broker liability, proceedings before the Ontario Securities Commission, SRO disciplinary proceedings and charges under the Securities Act
- Shareholders' Rights Litigation, including oppression proceedings, derivative actions and shareholders' class actions
- Directors' and Officers' Liability, including shareholders' actions, creditors' actions and offences under the Securities Act and other regulatory statutes
- General Commercial Litigation, including contract disputes, lender liability and debtor/creditor rights
Rankings and Recognitions
- Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Securities Law)
- Recognized in the 2011 Canadian Legal Lexpert® Directory (Litigation – Securities)
Professional Experience and Publications
- David represents registrants and public companies and their respective officers, directors and shareholders in all manner of proceedings and prosecutions before provincial securities commissions, self-regulatory organizations such as the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada and the Courts
- David's commercial litigation practice is focused primarily in the areas of shareholders' rights, broker liability and shareholders' class actions
- Co-authored article with Kara Beitel, "No Fiduciary Standard Needed In Canada", in Advisor's Edge.
Below is a list of representative briefs:
Recent Briefs
- YBM Magnex International Inc. et al. (represented one of the respondents in OSC proceeding)
- IAMGold Corporation (represented applicant in oppression claim)
- Helix BioPharma (represented the company in proxy fight)
- Gary Hurst v. Worldsource Financial Management Inc. (represented defendants in class action)
- Research in Motion (represented senior executive in options back-dating regulatory investigation)
- Fischer v. AIC et al (represented one of the fund companies in market timing class action)
- Represented numerous MFDA and IIROC member firms and their advisors in regulatory investigations and proceedings
Professional and Community Activities
LINKS FOR PRACTICE AREAS TO WHICH DAVID DI PAOLO BELONGS
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2011-02-22 Brokers' Report - February 2011 Underwriter Due Diligence -- An Underwriter (the “Underwriter”) has agreed to pay $3.3 million in a settlement with the Ontario Securities Commission in connection with the initial public offering of subprime mortgage company FMF Capital Group Inc. (FMF).(...)
2010-10-18 Brokers' Report Special Edition - Fall 2010 OSC Decision in Biovail Corporation and Eugene Melnyk -- On September 30, 2010, a Panel of the Ontario Securities Commission (the OSC or the Commission) released its decision in the Matter of Biovail Corporation and Eugene N. Melnyk, et al.(...)
2010-05-27 Brokers' Report - May 2010 On May 26, 2010, the Government of Canada published a proposed Canadian Securities Act (the "Proposed Act"). In addition to creating a national securities regulator, the Proposed Act would significantly change the way in which securities laws are enforced in those jurisdictions which opt into the new regime. (...)
2009-10-21 Brokers' Report - October 2009 Two recent cases, Mazzarolo v. BMO Nesbitt Burns ltée and Gale v. ScotiaMcLeod, are more examples of case law that emerged from the high tech crash. These cases illustrate the importance of knowing your client and keeping updated records of a client’s investment objectives and risk tolerance. While this lesson is neither new nor groundbreaking, it is worth repeating.
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