Practice Focus

David’s practice focuses on business-to-business class actions particularly in the area of franchise and distribution law and competition (anti-trust) matters. He is counsel in many leading class actions involving system-wide breaches by franchisors and distributors.

In addition to his recognized leadership in professional association activities, he is a frequent speaker and chair of Continuing Legal Education programs relating to civil litigation. David is active in law reform and access to justice issues and is the Current Chair of Public Affairs of the Ontario Bar Association.

David offers service and representation in English and French.

Representative Cases

• Trillium Motor World Inc. v. General Motors of Canada Limited, 2011 ONSC 1300
• TA & K Enterprises Inc. v. Suncor Energy Products Inc., 2010 ONSC 7022
• 405341 Ontario Limited v. Midas Canada Inc., 2010 ONCA 478 CanLII  (ON C.A.) – 2010-07-06
• Mayotte v. Ontario, 2010 ONSC 3765, CanLII  (ON S.C.) – 2010-06-30
• Quizno’s Canada Restaurant Corporation v. 2038724 Ontario Ltd., 2010 ONCA 466 CanLII (ON C.A.) -2010-06-24
• Malamas v. National Bank of Greece, 2009 CanLII 56745 (ON S.C.) (affd.: 2010 ONSC 2331)
• 405341 Ontario Limited v. Midas Canada Inc., 2009 CanLII 56298 (ON S.C.) – 2009-10-16
• 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, 2009 CanLII 23374 (ON S.C.D.C.) – 2009-04-27
• Landsbridge Auto Corp. v. Midas Canada Inc., 2009 CanLII 13628  (ON S.C.) — 2009-03-26
• 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, 2008 CanLII 8421 (ON S.C.) — 2008-03-04
• Axiom Plastics Inc. v. E.I. Dupont Canada Company, 2007 CanLII 36817 (ON S.C.) – 2007-08-27 (leave to appeal denied:  2008 CanLII 23490 (ON S.C.D.C.) — 2008-05-16
• Cash Converters Canada Inc. v. Oshawa (City), 2007 ONCA 502 CanLII (ON C.A.) — 2007-07-04
• Walsh v. Tra Company Limited, 2007 NLCA 50 CanLII  (NFLD C.A.) — 2007-04-16
• Axiom Group Inc. v. Intier Automotive Closures Inc., 2005 CanLII 3718 (ON S.C.) — 2005-02-17 (leave to appeal denied: 2005 CarswellOnt 3165 2005-06-14 (Div. Ct.)
• 1176560 Ontario Ltd v. Great Atlantic & Pacific Co. of Canada Ltd, 2004 CanLII 16620 (ON S.C.D.C.) – 2004-03-08
• 1176560 Ontario Ltd. v. Great Atlantic & Pacific Company of Canada Ltd., 2002 CanLII 6199 (ON S.C.) – 2002-12-09
• Great Atlantic & Pacific Co. of Canada Ltd. v. 1167970 Ontario Inc., 2002 CanLII 12215 (ON S.C.) – 2002-09-25
• Majdpour v. M&B Acquisition Corp., 2001 CanLII 8622 (ON C.A.) – 2001-11-26
• 3P3W Holding Co. Ltd. v. Nguyen, 2000 CanLII 4831 (ON C.A.) – 2000-01-27
• 909787 Ontario Ltd. v. Bulk Barn Foods Ltd., 1999 CarswellOnt 2384, [1999] O.J. No. 2973 (Ont. S.C.J. Aug 09, 1999)

Publications and Seminars

• Presented at Legal Education seminars of the Law Society of Upper Canada, the Ontario Bar Association and Osgoode Continuing Legal Education.
• Regular contributor to franchise law and commercial litigation publications
• Appeared before the Ontario and P.E.I legislative committees on franchise legislation

Articles

• Popping the question: disclosing earnings potential to franchise buyers, In the Know (Fall 2011)
• Franchise system class actions:  the franchisee’s perspective, paper presented at 8th National Symposium on Class Actions, April 28-29, 2011
• The judicial mediation debate, with Bryan Finlay, Lawyers Weekly (September 2, 2011 issue)
• Proposed Law Targets Harassment by Litigation, In the Know (Winter 2011)
• Griffin v. Dell Canada: A crack in the armour of arbitration clauses? Keeping Tabs (OBA Civil Litigation Section), Vol 18, No. 4 (June 2010)
• Advising the purchaser of a franchise business: Charge enough and take the time to do it right, Canadian Lawyer Magazine (online) (March 22, 2010)
  
• Once is Never Enough: Fresh Disclosure During the Franchise Relationship, In the know (Fall 2009)
• Proceed with caution when changing the franchise system, In the know (Winter 2009)
• Lynchpin of Disclosure: The Certificate, with Andy Seretis (October 2008)
  
• Disclosure in the Sale of Franchises: A One-time Affair, In the know (Fall 2008)
• Derogation from the Grant: A Fresh Approach to an Old Problem, (June 2007)
  
• The Quinlan’s of Huntsville Inc. decision: ‘Refusal to Deal’ under Section 75 of the Competition Act, (March 2006)
  
• Arbitration Agreements and the Franchise Dispute: the Likely, the Unlikely and the Imponderable, (January 2004)
  
• The franchise agreement and sublease: siamese twins or independent organisms?, (January 2002)
  
• The Fiduciary Relationship in Franchising: Jirna Reconsidered, (October 2008)
  
• Class Actions: The Future of Franchise Litigation in Canada?, (July 1998)

Specialties

Practice Areas

• Civil litigation
• Class Actions
• Franchise Law

Professional Associations

• Member of the Board of Directors of the Ontario Bar Association
• Chair of Public Affairs of the Ontario Bar Association
• Co-Chair, Judicial Mediation Taskforce of the Ontario Bar Association
• Chair of Civil Litigation Section of Ontario Bar Association (2010-2011)
• Editorial Board of Franchise and Distribution Press (Federated Press) (Past member)
• Ontario Bar Association
• Advocates’ Society
• American Association of Justice

News