David Crerar

David A. Crerar  

Partner

Executive Summary

David Crerar is a partner in our Vancouver office. He practises in the area of civil and commercial litigation, with a focus on media law and defamation, shareholder disputes, protection of trade secrets, Internet litigation, and banking and pension litigation. He serves as the Firm's National Leader for our Defamation and Media Group.

David has served as a Professor at the University of British Columbia Faculty of Law, lecturing in civil procedure, since 2004. He is a co-editor and author of The Civil Litigation Process, the most widely-used civil procedure text in Canadian law schools, and of the award-winning book British Columbia Business Disputes. He is also the author of Mareva and Anton Piller Orders in Canada: A Practical Guide. He is a prolific author and speaker on a wide variety of legal topics, including banking law, class proceedings, media and defamation law, Internet law, injunctions, and civil procedure.

David is named, based on peer reviews, in The Best Lawyers in Canada, 2017 (corporate and commercial litigation, media and defamation law), and as a "Litigation Star" (British Columbia) in Benchmark Litigation – The Definitive Guide to Canada's Leading Litigation Firms and Lawyers, 2016. He has a AV 4.5/5 "Preeminent" rating (commercial law; litigation; libel, slander and defamation) in Martindale-Hubbell Peer Review Ratings®.

Representative Work

  • Successfully resisted an application for a Mareva freezing injunction: Strata Plan KAS 3267 v. Happy Valley Resort Ltd. 2015 BCSC 1955.
  • Successfully defended this important case for PPSA law, banking transactions, knowing assistance, and equitable claims and defences, arising from an alleged fraudulent scheme at Western Canada’s formerly largest car dealership: CFI Trust (Trustee of) v. Royal Bank of Canada 2013 BCSC 1715.
  • Counsel in first Canadian case arising from a pension plan conversion from defined benefit to defined contribution, brought by a class of 67 plaintiffs: Embley v. Tolko Industries Ltd. et al. (2010) 11 BCLR (5th) 371 (SC).
  • Successfully applied to strike defences and enter judgment against four defendants for future to comply with court orders, thereby avoiding cost of trial, in this complex fraud claim: Morbank Financial Inc. v. 0476779 B.C. Ltd., 2013 BCSC 2008; 2014 BCCA 147.
  • Counsel in a leading case on judicial review of commercial arbitrations:  Williston Navigation Inc. v. BCR Finav No. 3 (2007)  69 BCLR (4th) 187 (SC).
  • Counsel in multi-million-dollar litigation concerning fiduciary duties of directors defending a hostile take-over bid: Steele v. Riverside Forest Products Ltd. (2005) 17 CBR (5th) 165 (BCSC).
  • Counsel in multi-jurisdictional hotel financing fraud claim for which Mareva freezing orders were obtained: Ruwenzori v. Walji (2004) 8 ETR (3d) 209 (BCSC).
  • Counsel in leading Canadian constitutional law case on “navigation and shipping” and “public property”: Burrardview Neighbourhood Association v. Vancouver Port Authority (2004) 237 DLR (4th) 466 (BCCA).
  • Counsel in defending class proceedings, including class action for automobile delamination, in a leading case under the Trade Practice ActOshanek v. General Motors (2002) 2 BCLR (4th) 1 (CA).
  • Counsel in commercial leasing disputes, including leading Canadian case on rent distress: Sun Life v. Dots (2000) 184 DLR (4th) 635 (BCCA).
  • Counsel in prosecuting civil action in large animal-cruelty case: BCSPCA v. Sudweeks, 2002 BCSC 1892.
  • Protection of trade secrets and customer lists, including obtaining injunctions to enforce non-competition clauses and protecting customer lists against former employees joining a large US competitor: Sir 101 v. Farrell (19 December 2000) Vancouver S006407 (SC).
  • Employee fraud issues, including successful defence of wrongful dismissal action brought by bank employee dismissed for defalcation: Fletcher v. Bank of Nova Scotia, 2000 BCSC 694.
  • Counsel in corporate defamation actions, including prosecuting defamation action between Canada’s two largest laser-eye-surgery corporationsLasik v. TLC (1999) 37 CPC (4th) 380 (BCSC) and prosecuting defamation claim by a large Canadian security company against a major healthcare union: WestPac v. HEU (2000) Vancouver SC983484 (SC).
  • Counsel in defending a multi-million-dollar product-liability action brought by a Crown Corporation.
  • Counsel in several complex trademark disputes.
  • Counsel in various actions concerning complex mining disputes.
  • Counsel in various actions involving joint ventures in real estate developments.
  • Regularly advises plaintiffs and defendants on defamation issues.
  • Successfully obtained and have had set aside Mareva freezing orders.
  • Frequent successful intervention to have defamatory internet postings removed
  • Regularly represents and advises media organizations in applications for access to court exhibits and other freedom of press issues.
  • Counsel in several disputes concerning film and other entertainment law.
  • Counsel in several shareholder disputes involving emerging technologies, and shareholder disputes concerning radio stations.
  • Counsel in litigation following sale of transportation asset of a Crown corporation.
  • Counsel in several shareholder disputes involving patent rights and emerging technologies.
  • Appeared as counsel before the British Columbia Court of Appeal, Supreme Court, and Provincial Court, before the Federal Court of Canada, in labour arbitrations, and the Trademarks Opposition Board. 

Publications & Presentations

Books

    • Author, "Mareva and Anton Piller Orders in Canada: A Practical Guide", Irwin Law, July 2017.
    • Co-Editor and author, "Discovery" (Chapter 7) and "Pre-Trial Relief and Disposition Without Trial" (Chapter 9), The Civil Litigation Process: Cases and Materials, 8th edition, Emond Publishers, 2015 (most widely-used civil procedure text in Canadian law schools).
    • Contributing editor, "Injunctions and Preservation Orders," (Chapter 5), British Columbia Creditors' Remedies, 4th edition, CLEBC, 2015.
    • Contributing editor, "Preparing Documentary Evidence," British Columbia Civil Trial Handbook, 4th edition, CLEBC, 2015.
    • Co-Author, "Torts" chapter, Annual Review of Law & Practice, CLEBC, March 201420132012; 2011; 2010; 20092008;  20072006200520042003; and 2002.
    • Author, "Business Defamation,"British Columbia Business Disputes, CLEBC, April 2011; updated October 2013.
    • Co-Editor, " British Columbia Business Disputes", Continuing Legal Education Society of British Columbia (CLEBC), April 2011 (received Outstanding Achievement Award from the International Association of Continuing Education).
    • Co-Author, "The Glorious Peaks of Vancouver's North Shore", (forthcoming, 2018, Rocky Mountain Books).

Articles

BLG Publicat​ions

Presentations

    • Chair, "A Litigator's Arsenal," Conference, CLE BC, December 2017.
    • Chair, "Business Disputes," CLE BC, November 2016.
    • Presenter, "Business Defamation," CBA, Coquitlam, December 2015.
    • Panelist, "Production Orders", Ad IDEM Media Conference, Toronto, November 2015.
    • Co-Chair and Speaker, "Pension Misrepresentation Claims," Pension Law & Litigation Conference, Federated Press, Vancouver, November 2015.
    • Chair, "A Litigator's Arsenal Conference," CLE BC, October 2015.
    • Co-Chair, Defamation & Media Law Conference, (CLE BC, November 2014).
    • Speaker, “Corporate Issues in Defamation”, Defamation & Media Law Conference (CLE BC, November 2014)
    • Chair, “Defamation defence of responsible communication on a matter of public interest”, and speaker “British Columbia developments in the open court principle” (Ad IDEM/ Canadian Media Lawyers Association Conference, Montréal, November 2014).
    • Featured Speaker, "Pension Misrepresentation Claims", Pension Law & Litigation Conference (Federated Press, March 6, 2014).
    • Speaker, “Pension Misrepresentation Claims,” Pension Law & Litigation Conference (Federated Press, November 20, 2013).
    • Speaker, "Overview and Practice Tips for the New BC Limitation Act," (Canadian Bar Association (BC) Conference, San Diego, November 2013).
    • Speaker, Trial and Case Management: New Rules and Strategies, Civil Litigation Basics 2012 Update Conference (CLE BC, November 2013)
    • Chair and Speaker, “Mareva Freezing Orders: What’s Hot and an Admonition to Cool It Down”, A Litigator’s Arsenal Conference (CLEBC, September 26, 2013).
    • Speaker, “Accidental Waiver of Privilege,” (CLE TV Program BC, June 11 and December 3, 2013).
    • Co-Chair, “The New BC Limitation Act,” (CLE BC Conference, May 2013).
    • Speaker, “Pension Misrepresentation Claims,” Pension Law & Litigation Conference, (Federated Press March 5 & 6, 2013).
    • Speaker, “Practice Tips for the New BC Limitation Act,” (CBA Real Estate Section, January 2013).
    • Speaker, “Trial & Case Management: New Rules & Strategies,”Civil Litigation Basics Conference (CLE BC, November 2012).
    • Speaker, “Practice Tips for the New BC Limitation Act,” (CBA Civil Litigation Section, December 2012).
    • Speaker, “Practice Tips for the New BC Limitation Act,” (CBA Conference and Webinar, June 19 and August 21, 2012).
    • Speaker, “Pension Misrepresentation Claims,” Pension Law & Litigation Conference (Federated Press, March 12 &13, 2012).
    • Chair, “New Media Law,” (Ad IDEM Media Conference, Montréal, November 2011).
    • Speaker, “Business Defamation," Business Torts Conference (CLE BC, October 2011).
    • Chair, A Litigator’s Arsenal Conference (CLE BC, September 2011).
    • Speaker, “Electronic Discovery from Non-Parties," Electronic Evidence and Electronic Trials Conference (CLE BC, January 2011).
    • Speaker, “What Banking & Insolvency Practitioners Need to Know about the New Rules Now,” (CBA Insolvency Subsection Meeting, June 2010).
    • Speaker, “New Expert Rules under the New British Columbia Supreme Court Civil Rules: What You Need to Know Now,” BC Expropriation Association Meeting (April 2010).
    • Speaker, “Strategic Uses of the New Rules,” Civil Litigation Boot Camp Conference (CLE BC, January 2010).
    • Chair and Speaker, “New Media Law,” (Ad IDEM Media Law Conference, Montréal, November 2009).
    • Chair, A Litigator’s Arsenal Conference (CLE BC, April 2009).
    • Speaker, “Compelling Electronic Document Production from Non-Parties and ISPs, Electronically Stored Information (ESI) & Electronic Discovery,” (Insight Conference, April 2008).
    • Speaker, “Mortgage Fraud: Recent Cases, Prevention, and Response,” New Approaches to New Threats Credit Union Security Seminar (Kelowna, April 8 and 16, 2008).
    • Speaker, “Practising Under the New Rules,” Civil Litigation Boot Camp Conference (CLE BC, January 2008).
    • Speaker, “Discovery Issues with Electronically Stored Information,” Electronic Evidence Conference (CLE BC, October 2007).
    • Chair and Speaker, “Rules 18A to Z: Strategies and Pitfalls for Summary Trials,” A Litigator’s Arsenal Conference (CLE BC, June, 2007).
    • Speaker, “Recent Developments in Defamation Law,” Torts Conference (CLE BC, May 2007).
    • Speaker, “Electronic Discovery Utilizing Third Parties" Electronic Records Management and E-Discovery Forum (Insight Conference, April 2007).
    • Speaker, “How Courts are Putting E-Discovery into Practice,” E-Discovery and Electronic Records Management Conference (Infonex September 2006).
    • Acting Chair and Speaker, “Investigations and Computer Forensics,” Electronic Evidence and E-Discovery Conference (CLE BC, April 2006).
    • Speaker, “Avoiding Legal Pitfalls in Media in PR Campaigns,” Canadian Franchise Association Effective Media Relations Conference (April 2005).
    • Speaker, “Analyzing the Case and Developing the File for a Rule 18A Application, Working with the Rules of Court,” (CLE BC, May 2003).

Interviews and Profiles

    • Quoted, The Lawyers Weekly, "Appeal court finds in favour of franchisee in Fido dispute," February 24, 2017.
    • Interviewed, Global TV regarding Facebook defamation, April 22, 2016.
    • Interviewed, "Judge 'got it right' in complex matter, says Osgoode's Farrow," The Lawyers Weekly, April 15, 2016.
    • Quoted, The Globe and Mail, "Canadian judges refuse to bar media, public from assisted-death hearings," April 1, 2016.
    • Mentioned, Wire Service, "Governance Board Makes Strides at Vancouver International Marathon Society," December 23, 2015.
    • Quoted, Law360.com, "Canadian Chevron Ruling Lays Out Enforcement Welcome Mat", September 11, 2015.
    • Quoted, ICI Radio-Canada, "Début de la poursuite de la journalist Laura Robinson contre John Furlong," June 15, 2015.
    • Mentioned, The Province, "Media granted access to exhibits in B.C. legislature Canada day bomb plot trial," November 25, 2014.
    • Mentioned, The Voice, "BCCLA successfully argued to relax publication ban," November 25, 2014.
    • Interviewed, CKNW News regarding Canada Day bomb plot publication ban, July 4, 2014.
    • Interviewed, CKKQ-FM (The Q) regarding Canada Day bomb plot publication ban, July 4, 2014.
    • Interviewed, CBC Victoria (On the Island) regarding Canada Day bomb plot publication ban, July 4, 2014.
    • Quoted, British Columbia Civil Liberties Association, "BCCLA successfully applies to vary publication ban in criminal case that raises alleged concerns about police tactics," July 3, 2014.
    • ​Quoted, The Province, Judge eases publication ban in case of alleged plot to plant explosives at B.C. Legislature, July 3, 2014.
    • Quoted, The Lawyers Weekly, “Court decision underscores right to jury trial,” May 9, 2014.
    • Quoted, The Lawyers Weekly, "B.C. Court of Appeal moving to expand e-filing," March 7, 2014.
    • Quoted, “Can’t shoot your mouth off” (Mainstream v. Staniford), February 14, 2014.
    • Profiled, CLE BC, "In the Spotlight: David Crerar," February 2014.
    • Quoted, The Lawyers Weekly, “Want-of-prosecution granted in decade old case,” January 31, 2014.
    • Quoted, Calgary Herald, “$6M Nenshi libel suit seen as unrealistic,” November 20, 2013.
    • Quoted, Vancouver Sun, “Court hears Byzantine tale of fraud, deception at dealership," September 20, 2013.
    • Quoted, National Post, “Lawsuit changes have their limits,” March 25, 2013.
    • Quoted, Financial Post, “The lowdown on lawsuit limitation periods,” March 25, 2013.
    • Interviewed, News 1130, "You’ll soon have less time to decide whether to sue someone," March 15, 2013.
    • Quoted, "Successfully suing vandals is rare," Business in Vancouver, July 5-11, 2011.
    • Quoted, Business in Vancouver, “Law Hazy on Some Internet Libel, says Lawyer,​” July 5, 2010.
    • Quoted, UBC Law Faculty News, "Thank You, Adjunct Faculty!," The Advocate, vol. 68, p. 735, September 2010.
    • Regularly interviewed and quoted in media stories on legal issues (National PostBusiness in Vancouver, CBC Vancouver, CKNW, and News 1130).
    • Quoted, Kidproof NEWS, "The Nanny Cam Debate: Are Hidden Cameras the answer?," March 31, 2004.

Rankings & Recognitions

  • Recognized in the 2017 edition of The Canadian Legal Lexpert® Directory (Litigation - Defamation and Media).
  • Recognized in the 2017 (and since 2014) editions of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: British Columbia" and a "Litigation Star: Commercial, Media, Defamation".
  • Selected by peers for inclusion in the 2017 edition of The Best Lawyers in Canada® (Corporate and Commercial Litigation, Defamation and Media Law) (listed since 2014).
  • AV 4.5/5 “Preeminent” rating (commercial law; litigation; libel, slander and defamation): Martindale-Hubbell Peer Review Ratings®.
  • Received Outstanding Achievement Award from the International Association of Continuing Education for the book British Columbia Business Disputes, edited with L. Herbst and J. MacInnis, 2012.
  • 2016: Named one of the Continuing Legal Education Society of British Columbia's "Most Prolific Volunteers: 1996 to 2016", with over 50 contributions.