For over 40 years, David has focused his practice on insurance disputes and related litigation. He advises insurers, self-insured corporations, non-profit organizations, small and medium businesses, and individuals in insurance litigation.
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David has acted as counsel at trial on coverage, in personal injury, accident benefits, property, casualty, commercial general liability, fire, fidelity, excess and reinsurance, as well as in life and disability claims.
David continues to act as trial and coverage counsel on complex multi-party, multijurisdictional catastrophic losses.
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David has the experience and legal acumen to quickly identify the key issues in a case and develop appropriate strategies to successfully advance our clients' position in any insurance, inter-jurisdictional, commercial, or civil dispute.
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Fluent in both English and French, David is also an Accredited Mediator, which he uses daily to negotiate on behalf of the firm’s clients in court-connected or private mediations, arbitrations, and neutral evaluations.
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David and our team are committed to finding the most cost-effective solutions for our clients, which include local, national, and international insurance and reinsurance carriers and self-insured companies.
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An experienced advocate, David has appeared before a variety of judicial and administrative Boards, Tribunals, and Arbitration Panels.
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David is a former Assistant Crown Attorney, per diem, and Ontario Human Rights Tribunal Prosecutor. He has litigated at all levels of the Trial and Appellate Courts in Ontario, at the Federal Court Trial and Appellate Divisions, and in the Supreme Court of Canada.
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Reflecting on his substantial experience in insurance litigation, David has been invited to write and speak on complex issues of interest to insurers and self-insured clients.
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He has spoken on developing areas of the law, including on: the use of DNA in the Insurance Industry, Catastrophic Impairment and the AMA Guides, Aggravated and Punitive Damages, Employer and Commercial Host Liability, Uninsured and Underinsured Liability, Forum Non-Conveniens, the effective use of Expert witnesses and on how to use procedural, evidentiary and substantive law, including the Doctrine of Spoliation in catastrophic cases.
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David has spoken at the request of The Advocates’ Society on the Art of Cross-Examination and on numerous Insurance related topics by: The Law Society of Upper Canada, The Ontario Bar Association, the Canadian Society of Medical Evaluators, The Canadian Academy of Psychologists and Disability Assessors, The Canadian Chamber of Commerce, Canadian Defence Lawyers, The Federation of Defense & Corporate Counsel, the Canadian and the International Association of Life Care Planners.
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He has also spoken at many higher learning institutions, including Carleton University, the University of Ottawa, the University of Windsor, the Richard Ivey School of Business at the University of Western Ontario, Memorial University and Dalhousie University.
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David has taught Business Law at Carleton University, Civil Procedure at the Bar Admission Course, and on practical litigation topics for the Law Society of Ontario, at the International Institute for Research and for The Advocates’ Society.
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For further speaking engagements, please see David’s curriculum vitae.
CASES
Scaffidi-Argentina v. Tega Homes Developments Inc., 2017 ONSC 6530 (CanLII) and 2016 ONSC 5444
Crooks v. Geist et al, Crookes v. Newton et al, [2011] 3 SCR 269, 2011 SCC 47
State Farm Insurance v. Royal Sun Alliance
Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835 (ON CA) 62 OR (3d) 345; 222 DLR (4th) 687; [2002] OJ No 4697 (QL); [2003] ILR 1; 119 ACWS (3d) 129; 167 OAC 20; 26 CLR (3d) 5;
Successfully represented a builder by markedly reducing their exposure and recovering his client's costs of over $175,000.
Successfully represented a defendant host in one of the first hyperlink/publication/Internet defamation cases in Canada
A private Arbitration award upheld on appeal by the Ontario Divisional Court, in which David successfully recovered for his client over $750,000 in damages in a loss transfer dispute for his clients' incurred payout for medical, attendant care and rehabilitation benefits, and for the costs his clients incurred in pursuing the action.
Successfully defended 4 business entities for over 7 months at trial in a $20 million product liability case which culminated in his clients being exonerated. David’s successful representation of his clients prevented them from being exposed to the inherent cost of attending two appeals of the judgment to the Ontario Court of Appeal, and a leave application to the Supreme Court of Canada. David’ advocacy and strategic advice and negotiation skills were also credited by his clients with eliminating their further risk of exposure to damages and defence costs inherent in his clients being named parties in the related subsequent class action lawsuit.
For further cases, please see David’s curriculum vitae.
Education
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LLB, University of Windsor, Ontario (1983)
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BA, Carleton University
Ottawa, Ontario (1980)
Call to Bar
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Ontario, 1985
Languages

David is fluently bilingual in English and French.
Advocacy Affiliations
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Canadian Society of Medical Evaluators, (Board of Directors, 2018-present)
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Canadian Defence Lawyers (President, 2012-2013)
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Federation of Defense and Corporate Counsel (Chair-International Law Section, 2006-2012)
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Ontario Bar Association (Board of Directors, Insurance Section, 2010-2012)
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The Advocates' Society
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Association of Defense and Trial Attorneys
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Carleton County Law Association
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l’Association des juristes d’expression française de l’Ontario
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Defence Research Institute (U.S.) – Insurance & International Law Committees
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Insurance Institute (Ontario)

