David Elman  

Partner

Executive Summary

David is a partner in BLG's Litigation Department. David's litigation practice includes tort, insurance and commercial litigation matters.

David's tort litigation practice focuses on public authority litigation. David defends municipal police services from complex tort actions and claims alleging Charter violations as well as municipalities from various infrastructure maintenance and design claims.  David frequently provides advice on sensitive matters which raise reputational concerns and are the subject of media attention.

David also advises insurers and private companies on a wide range of personal injury and property claims including construction, occupiers' liability and product liability claims.  David's insurance practice includes representing insurers and banks in disputes arising from life, accidental death, disability and critical illness insurance products.

David's commercial litigation practice focuses on Consumer Protection Act litigation and collections.

David has conducted trials and regularly appears on motions and appeals before the Ontario Superior Court of Justice and the Ontario Court of Appeal. He also represents clients in both mediation and arbitration.

David currently serves as a subcommittee Co-Chair of the Mass Torts Committee of the Section of Litigation of the American Bar Association. David also serves as a member of the Education and Advocacy committees of the Toronto Lawyers Association.

Publications & Presentations

  • Co-Author, " Canadian Bookkeepers Class Action First of Its Kind in Canada," Mass Torts Committee of the American Bar Association Section of Litigation, November 2015.
  • Co-Author, "Canadian Court Suggests New Test for Public Authority Liability in Tort," Mass Torts Committee of the American Bar Association Section of Litigation, June 2015.
  • Co-Presenter, "A Bump in the Road: Dealing with Pedestrian Claims," BLG's 2015 Municipal Liability Seminar, April 2015. 
  • Co-Author, "Ontario Lawyers Still Have Role to Play in Preparing Expert Evidence," Mass Torts Committee of the American Bar Association Section of Litigation, March 2015.
  • Co-Author, "The Consumer Protection Act through the Lens of the Class Proceedings Act: What Happens when the Two CPAs Meet?," Annual Review of Civil Litigation, 2015.
  • Co-Presenter, "Lights and Sirens: Motor Vehicle Accidents Involving Emergency Vehicles', BLG's 2014 Municipal Liability Seminar, April 2014.
  • Presenter, "Considerations in Municipal Liability for Roads," Ontario Bar Association's Institute, 2014.
  • Co-Presenter, "The Anatomy of a Civil Action," BLG's 2013 Municipal Liability Seminar, April 2013.
  • Co-Author, "Canadian Court Certifies Lawyer Class in Copyright Case," Mass Torts Committee of the American Bar Association Section of Litigation, June 2012.
  • Co-Presenter, "Gross Negligence: Building the Defence Case," BLG's 2012 Municipal Liability Seminar, April 2012.
  • Co-Author, "Canadian Court Confirms Primacy and Arbitration Agreements over Proposed Class Proceedings," Mass Torts Committee of the American Bar Association Section of Litigation, December 2011.
  • Co-Presenter, "Important Developments in the Law of Municipal Policing," BLG's 2011 Municipal Liability Seminar, April 2011.
  • Speaker, "Trends in Personal Injury Damages Assessments," BLG's 2011 Auto Industry Seminar, 2011.
  • Speaker, "Municipal Liability for Roads and Sidewalks," BLG's 2009 Municipal Liability Seminar, 2009.
  • Co-Author/Speaker, "Opening and Closing Statements: What You Need to Know," The Canadian Institute Conference on the New Civil Litigation Regime, November 2009.
  • Co-Author/Speaker, "Jury Addresses, Expert Evidence and Adding Parties to Existing Litigation: Tips All Counsel Need to Know," 5th Annual Osgoode Professional Development Conference on Personal Injury Law and Practice, September 2009.
  • Speaker, "Municipal Liability for Sewers and Watermains," BLG's 2008 Municipal Liability Seminar, 2008.
  • Co-Author, "Waiver of Tort: Alchemy or Flash in the Pan," The Canadian Institute Conference on Product Liability and Recalls, May 2008.
  • Co-Author, "Revisiting Winnipeg Condominium: Why Repairing the Defect is a Constituent Element of a Cause of Action in Negligence for the Cost of Repair," Class Action, 2007, V(3): 346.
  • Contributor, "Alternative Compensation Programs, Behaviour Modification and Product Recalls," Class Action, 2005, IV(2): 266.
  • Speaker, client seminars on a variety of topics, including Ontario Municipal Law, the Minimum Maintenance Standards, the Occupiers' Liability Act, the Limitations Act and the Doctrine of Special Circumstances.