Nous sommes désolés. Le contenu de cette page n'est présentement disponible qu'en anglais.
David is a leading Commercial Litigation lawyer who also specializes in securities litigation, class actions and shareholder disputes. He represents registrants and public companies and their respective officers, directors and shareholders in class action proceedings and all manner of securities and regulatory investigations and prosecutions.
David's areas of focus include:
Class actions, including securities class actions, unpaid wages class actions and investor loss class actions
Securities litigation and regulation, including broker liability and departing broker litigation, as well as investigations and proceedings before Provincial Securities Commissions, IIROC and the MFDA
Shareholder disputes litigation, including oppression remedy proceedings
Directors’ and officers’ liability, including shareholders’ actions, creditors’ actions and offences under the Securities Act and other regulatory statutes
General commercial and employment litigation
David has appeared before all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada, as well as provincial securities commissions, IIROC and the MFDA.
At BLG, David is the National Group Head for our Disputes Group
Many of the securities regulatory matters handle by David are confidential in nature and cannot be summarized here. A summary of some of the public cases handled by David are as follows:
Fischer v. AIC et al. – represents one of the fund companies in a securities class action regarding alleged market timing activities.
Pozgaj v. Mackenzie Financial Corporation et al: acting for Mackenzie Financial in a class action alleging prospectus misrepresentation and breach of trust related to trailing fees paid by mutual funds.
Clarus Securities Inc. et al v. Aphria Inc.: acting for a syndicate of underwriters in a class action alleging prospectus misrepresentation and secondary market misrepresentation.
Pardhan v. Bank of Montreal and Kherani v. Bank of Montreal: acting for BMO in a class action concerning a fraud committed by a BMO customer.
Carrie Eklund v. Goodlife Fitness Centres Inc. – acting for Goodlife, the largest fitness chain in Canada, in an unpaid wages and overtime Class Action claim related to its club locations in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland.
Fulawka v. Bank of Nova Scotia – represented the Bank of Nova Scotia in an overtime class action.
Represents Handa Student Travel in a wages class action.
Wrzesnewskyj v. A. G. – represented Elections Canada in a contested election application in Etobicoke Centre both at the application and before the Supreme Court of Canada.
Gould v. Western Coal – represented one of the defendant directors in successfully defeating certification in a securities class action.
Represented Parrish & Heimbecker in successfully setting aside a shareholder's rights plan before the Ontario Securities Commission (OSC).
French v. Karas et al. – represented the dealer in defence of a class action proceeding.
Franmed Consultants (1993) Inc., et al v. Medcan Health Management Inc. et al - represented the Chairman of the Board in defending an action in oppression.
Dawson v. Rx Drug Mart Inc. et al – representing the company in its response to an oppression application and claim in wrongful termination.
Acted for a number of institutional shareholders before the OSC and the court in opposing Magna's proposal to eliminate its dual class share structure.
Research in Motion – represented senior executive in options back-dating regulatory investigation and settlement.
YBM Magnex International Inc. et al. – represented one of the respondents in defending an OSC proceeding and in defending a class action proceeding.