David Di Paolo  

Partner

Executive Summary

David is National Group Head of BLG’s Commercial Litigation Group. David is a commercial litigator who specializes in all manner of securities regulatory and litigation matters including defending registrants and market participants in defending securities class actions and civil claims as well as regulatory investigations and proceedings. David has acted before all levels of Court including the Supreme Court of Canada, as well as the Ontario Securities Commission, Investment Industry Regulatory Organization of Canada, Mutual Fund Dealers Association of Canada and other securities industry regulatory bodies. David also acts in defence of investor loss claims, employment litigation involving market participants, shareholder disputes and oppression remedy, as well as general corporate and commercial litigation.

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