David Elman  


Executive Summary

David is a partner in BLG's Class Action Group. David's areas of focus include class actions and the defence of complex tort and commercial litigation matters alleging breach of consumer protection legislation, product liability, negligence, breach of contract and public authority liability.

David primarily acts for large institutional clients, including financial institutions, telecom companies, municipalities, police services, manufacturers, educational institutions and insurers. He frequently provides advice on sensitive matters which raise reputational concerns and are the subject of media attention.

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.

Publications & Presentations

  • Author, "Court of Appeal confirms lack of jurisdiction to hear proposed gender-discrimination class action against police service," BLG Publications, April 2019.
  • Author, "Prospective Self-Represented Representative Plaintiff put out of Commission," BLG Publications, April 2019.
  • Co-Author, "Class and Collective Actions in Canada," Lexology Guide, November 27, 2018.
  • 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.