David O’Connor is a founding partner in Roy Elliott O’Connor LLP with a practice focused on corporate/ commercial litigation and class actions. He is a well respected and accomplished litigator. In 2006, he was recognized by LEXPERT® as a finalist for the top 40 under 40 ranking.

David has achieved great success for various clients. Among other matters, 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. David also acted as co-counsel in successfully resisting the 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.

David has also achieved success on the corporate/ commercial side. For example, David was successful at all levels in resisting an oppression remedy application (involving potential damages of $80 million) against Rio Algom and its Directors relating to the loss of conversion privileges for convertible debenture holders following the takeover of Rio Algom by Billiton. As a further example, David was also successful in dismissing a $75 million claim against an international steel corporation.

David takes a hands on and practical approach to litigation. He offers case and client specific strategic advice. David utilizes modern litigation support and document management technology, which affords him the ability to provide services to clients on complex cases in an agile and efficient manner. Among other complex cases, David acts for the City of Waterloo in connection with various complex claims arising out of the $50 million financing of the RIM Park. Most recently, David was entirely successful on behalf of the City of Waterloo in an appeal to the Court of Appeal. David also acts for a number of large Canadian and multinational corporations including, TD Bank, Tetra Pak, and Hewlett-Packard Financial.

Prior to co-founding his own boutique litigation firm, David was a partner in a large national law firm. David graduated from the University of Toronto Law School in 1990 and was called to the Bar of Ontario in 1992.

David 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 presents and speaks about various litigation topics, including class actions, at conferences and law schools.

Recent Publications

• 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
• Presenter/Panelist, “When the Going is bad: How to Avoid Harm Caused by Departing Employees – Cutting Edge Cases”, The Ontario Bar Association, November 2005.
• Author and Presenter, “Bringing and Defending Class Actions in Canada – Get Ready for Bill 198”, 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
• Author, Class Actions involving Indirect Purchasers, Federated Press – Commercial Litigation Section, Volume X, No. 2 (2004)
• Author, Legal Expert Column, “What are non-competition covenants and how do they impact on franchising relationships?”, Franchise Canada, December 2003
• Author and Presenter, “Class Actions”, FMD Employment Conference (2003)
• Author, “Law Firm Conflicts after Neil”, Federated Press - Commercial Litigation Section, Volume IX, No. 4 (2003)
• Author, “Ontario Court of Appeal refuses to certify price-fixing class action”, FMD Antitrust/Competition & Marketing Bulletin
• Co-Author, “Bill C-23 Amendments to the Competition Act”, FMD Antitrust/Competition & Marketing Bulletin (September 2002)
• Co-Author, “Federal Court of Appeal Narrows Efficiency Defence to Anti-Competitive Mergers”, Federated Press - Commercial Litigation Section (2001)
• Co-Author, “Class Action Proceedings - Settlement and Other Procedural Issues”, FMD Class Actions Conference (2001)