David O’Connor is one of the founding partners in Roy Elliott O’Connor LLP. Prior to co-founding the firm in 2004, David was a partner in a large national law firm in Canada. His practice is focused on corporate/commercial and class action litigation.
David is a highly regarded and accomplished litigator. David was most recently recognized by Benchmark Canada (the guide to Canada’s leading litigators) as a litigation star in class actions and commercial litigation, with peer praise and respect for his “prowess” in both areas. In 2006, he was recognized by LEXPERT as a finalist for the top 40 under 40 ranking in Canada. He is recognized by Lawday as a leading class action lawyer. In 2010, David and his partners were featured in the Canadian Bar Association National Magazine (June 2010) and recognized as one of the best class action firms in the country, with an undeniable track record for excellence. At the same time, David and his partners were further recognized as a stellar example of lawyers making a difference.
David has achieved great success in class actions. In September 2012, David was successful on behalf of defendant directors in defeating motions for certification and for leave to commence a secondary market securities class action seeking over $200 million in damages. This was the first time that any court in Canada had rejected an application for leave to commence such a securities claim. David was also successful in striking out a $200 million product liability class action against Toshiba, for whom he continues to act in other class actions in Canada. David also acted as co-counsel in successfully resisting appeals by the Federal Government from a potential $160 million class action judgment (Hislop v. Canada), which was the largest class action judgment in Canadian history. He is also lead counsel in closely watched national overtime class actions that have been certified against CIBC and Scotiabank.
On the corporate/commercial side, David has been successful in resisting various claims, including oppression claims, seeking tens of millions in damages against multi-national corporations as well as individual directors. David recently acted for the City of Waterloo in connection with various complex claims by the City arising out of a $50 million financing. David also acts for a number of large Canadian and multinational corporations including TD Bank, Tetra Pak, and Hewlett-Packard Financial. David offers a “hands on” and focussed approach while utilizing modern litigation support and document management technology to provide service and advice on complex and document intensive cases in an efficient and effective manner. He is the editor-in-chief of the Federated Press, Commercial Litigation Section and a member of the Class Action Executive of the Ontario Bar Association.
David often speaks about various litigation topics, including class actions, at conferences and law schools.
Class Action Litigation
Selection of Publications/Presentations
Speaker, The Canadian Institute’s 13th Annual National Forum on Class Actions, Settlement Negotiation (September 2012)
Author, Forum for Oppression Remedy Claims, Federated Press – Commercial Litigation Section (2012)
Speaker, “Recent Developments in Class Actions”, Osgoode Hall Professional Development, November 2011
Author, Court of Appeal Affirms Class Certification in Quizno’s, Federated Press- Commercial Litigation Section (July 2010).
Presenter, "Employment Related Class Actions in Canada", ABA Teleconference on Canadian Employment and Labour Law for U.S. Lawyers: Contiguous and Diverse Laws (February 2009)
Presenter, "Successfully Bringing and Defending Class Actions against the Crown", The Canadian Institute’s 4th Annual Litigation Against the Crown Conference, June 2008
Author and Presenter, "Trial Lawyer’s Evidence Notebook – Collateral Fact Rule and Exclusion of Witnesses", The Law Society of Upper Canada – Continuing Legal Education, September 2006
Author and Presenter, "Bringing and Defending Class Actions in Canada – Get Ready for Bill 198" (secondary market liability), The Canadian Institute 6th Annual Forum on Litigating Class Actions, September 2005
David graduated from the University of Toronto Law School in 1990 and was called to the Bar of Ontario in 1992.