David Di Paolo  


Executive Summary

David Di Paolo is the National Group Head for Commercial Litigation​. David represents registrants and public companies and their respective officers, directors and shareholders in all manner of class action proceedings and prosecutions, including regulatory prosecutions. In addition to his class actions work, David also represents clients in investigations and enforcement actions before the Ontario Securities Commission, Investment Industry Regulatory Organization of Canada, the Mutual Fund Dealers Association and listed stock exchanges regarding insider trading, market manipulation, securities distributions, financial disclosure, investment suitability and director conduct. He has appeared before all levels of Court including the Supreme Court of Canada as well as provincial securities commissions, and before the disciplinary and appeal boards of self-regulatory organizations such as the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA).

David's areas of focus include:

  • Class actions and shareholders' rights litigation, including securities class actions, overtime class actions, investor loss class actions, oppression proceedings and derivative actions.
  • Securities litigation and regulation, including broker liability and departing broker litigation, proceedings before the Ontario Securities Commission, self-regulatory organization disciplinary proceedings and charges under the Securities Act.
  • Directors' and officers' liability, including shareholders' actions, creditors' actions, and offences under the Securities Act and other regulatory statutes.
  • General commercial and employment litigation.

Representative Work

  • Represents Handa Student Travel in a wages class action.
  • Wrzesnewskyj v. A. G.represented Elections Canada in a contested election application in Etobicoke Centre both at the application and before the Supreme Court of Canada.
  • Carrie Eklund v. Goodlife Fitness Centres Inc. – acting for Goodlife, the largest fitness chain in Canada, in an unpaid wages and overtime Class Action claim related to its club locations in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland.
  • Fulawka v. Bank of Nova Scotia – represented the Bank of Nova Scotia in an overtime class action.
  • Gould v. Western Coal – represented one of the defendant directors in successfully defeating certification in a securities class action.
  • Represented Parrish & Heimbecker in successfully setting aside a shareholder's rights plan before the Ontario Securities Commission (OSC).
  • French v. Karas et al. – represented the dealer in defence of a class action proceeding.
  • Fischer v. AIC et al. – represents one of the fund companies in a securities class action with respect to alleged market timing activities.
  • Acted for a number of institutional shareholders before the OSC and the court in opposing Magna's proposal to eliminate its dual class share structure.
  • Research in Motion – represented senior executive in options back-dating regulatory investigation and settlement.
  • CIBC et al. v. Deloitte & Touche – represents a third party defendant director in defence of class actions proceedings relating to the demise of Philip Services Corporation.
  • Gary Hurst v. Worldsource Financial Management Inc. – represented several mutual fund dealer defendants in class action resulting from the collapse of Portus.
  • YBM Magnex International Inc. et al. – represented one of the respondents in defending an OSC proceeding and in defending a class action proceeding.

Publications & Presentations

Rankings & Recognitions