Practice Summary
David has acted as counsel in some of Canada’s leading franchise law cases. His practice focuses on complex, multi-party and class proceedings such as those related to competition, price fixing and breach of privacy. David also provides experienced counsel to automotive manufacturers and dealers, and has particular experience in arbitrations under the National Automotive Dealer Arbitration Process. Beyond the automotive industry, David represents clients in a range of other industries, including hospitality, foodservice and real estate. He is a bilingual lawyer committed to representing clients in English and French. As a past president of the Ontario Bar Association, David speaks regularly at legal conferences and is quoted frequently in the media on civil justice issues.
David Sterns is also a member of our class action practice.
BAR ADMISSION
Quebec, 1992
Ontario, 1994
EDUCATION
B.C.L., LL.B, McGill University, 1991
B.A. (Econ.), McGill University, 1987
More About David Sterns
Practice Areas
- Class Actions
- General Commercial Litigation
- Franchise, Licensing and Distribution Litigation and Arbitration
- Franchisee Association and Group Litigation
- Automotive Manufacturers and Dealer Arbitration (NADAP)
- Anti-SLAPP Litigation
- Consumer Protection Litigation
- Competition and Price Fixing Litigation
Recognitions
- Ranked in Chambers Canada – Franchising (2016 – 2020)
- Ranked in Chambers Canada – Dispute Resolution: Class Action (Plaintiff) (2016 – 2023)
- Consistently listed in Best Lawyers in Canada – Franchise Law (2012 – 2022)
- Recognized in Best Lawyers Global Business Edition – Franchise Law (2016 – 2021)
- Listed in Best Lawyers in Canada – Class Action Litigation (2022 – 2024)
- Recognized in Best Lawyers Global Business Edition – Class Action Litigation (2022)
- Listed as Leading Litigation Lawyer in LEXPERT Special Edition – Canada’s Leading Litigation Lawyers (2019 – 2022)
- Listed in Canadian Legal LEXPERT Directory – Franchise (2004 – 2021)
- Listed as “Consistently Recommended” in Canadian Legal LEXPERT Directory – Class Actions (2018 – 2022)
- Listed in Who’s Who Legal National Guide: Canada Franchise (2014 – 2022)
- Listed in Who’s Who Legal Global Guide – Franchise (2016 – 2022)
- Co-Recipient OBA’s Markus Cohen, Q.C. Memorial Award for Excellence in Franchise Law (2011)
Professional Associations
- Past President of Ontario Bar Association (OBA) (2016-2017)
- Past Member of Toronto Regional Senior Justice Bench and Bar Committee
- Past Member of Board of Directors of OBA and Canadian Bar Association
- Past Chair of Public Affairs of OBA
- Past Co-Chair, Judicial Mediation Taskforce of OBA
- Chair of Civil Litigation Section of OBA (2010-2011)
- Past Vice-Chair of Class Actions and Private Enforcement Sub-committee of Canadian Bar Association Competition Law Section
- American Bar Association (Member of Class Actions and Derivatives Suits Committee)
- Canadian Bar Association
- Law Society of Ontario
- Canadian Franchise Association
- International Franchise Association
Selected Works
- Legal Education seminars of the Law Society of Ontario, 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
- The Menacing Case of Dennis v. Ontario Lottery and Gaming Corporation: Does it change the rules for certification of systemic torts? (with Rory McGovern) Ontario Bar Association, Annual 2013 Class Action Colloquium, November 2013
- The case for Permitting Indirect Purchaser Claims in Canada: a critical analysis of Pro-Sys Consultants and Sun-Rype (with Jean-Marc Leclerc), Canadian Competition Law Review, Vol. 25, July 2012
- Preparing to Face the Certification Threshold (with Paul Steep) The Canadian Institute Class Actions Boot Camp, April, 2012
- The judicial mediation debate, with Bryan Finlay, Lawyers Weekly, September 2, 2011
- Franchise system class actions: the franchisee’s perspective, paper presented at 8th National Symposium on Class Actions, April 28-29, 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
- Lynchpin of Disclosure: The Certificate (with Andy Seretis) Franchise and Distribution, (Federated Press, October 2008)
- Derogation from the Grant: A Fresh Approach to an Old Problem, Franchise and Distribution (Federated Press, June 2007)
- The Quinlan’s of Huntsville Inc. decision: ‘Refusal to Deal’ under Section 75 of the Competition Act, Franchise and Distribution (Federated Press, March 2006)
- The Fiduciary Relationship in Franchising: Jirna Reconsidered, Franchise and Distribution (Federated Press, October 2008)
Personal Statement
I am motivated to use the litigation process to solve difficult problems for entrepreneurs. Franchising lawsuits are often challenging because of the power imbalance in the franchise relationship. Being successful in this field requires a thorough understanding of many different subject areas of the law and a full command of litigation strategies and techniques. A well thought-out legal strategy, backed by the experience and reputation we have achieved in this area, can often deliver excellent results for our clients quickly and efficiently. When we have to go the distance in court, we aim to establish precedents that will move the law forward.