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. 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. David and his partners were most recently 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. David and his partners were further recognized as a stellar example of lawyers making a difference.
David has achieved great success in class actions. For example, he was successful in striking out a $200 million product liability class action against Toshiba. David continues to act for Toshiba in other class actions in Canada. He is currently defending various directors in a proposed securities (secondary market misrepresentation) and oppression class action claiming over $200 million in damages. 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 the closely watched overtime class action against CIBC and the recently certified overtime class action against 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. Among other cases, he currently acts 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” approach, with case and client specific strategic advice. He utilizes modern litigation support and document management technology, which affords him the ability 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. He has also edited other publications, including the Competition Section and Product Liability Section of Doing Business in Canada.
David often speaks about various litigation topics, including class actions, at conferences and law schools.
Practice Areas
Commercial Litigation
Class Action Litigation
Selection of Publications/Presentations
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
Co-Author, Class Action Litigation, LEXPERT Canadian Corporate Counsel Association (text and website) 2004 Edition
