David F. O’Connor is one of the founding partners in Roy O’Connor LLP. Prior to founding the firm, David was a partner in a large national law firm in Canada. His practice is now focused on, and essentially split between, corporate/commercial/shareholder litigation and class action litigation.
David has been recognized by Benchmark Canada (the guide to Canada’s leading litigators) as a litigation star in class actions and commercial litigation every year since Benchmark’s arrival in Canada (2012), with peer praise and respect for his “prowess” in both areas. Most recently, David was named as one of the finalists for the Top 25 Most Influential Lawyers in Canada in 2015 as nominated in Canadian Lawyer magazine (final results released in August). He was also recognized as a finalist for the Benchmark Canada national award for Class Action Litigator of the Year (2015). David is a Lexpert® ranked leading class action litigator. In 2006, he was first recognized by Lexpert® as a finalist for the top 40 under 40 ranking in Canada. David and his partners were previously featured in the Canadian Bar Association National Magazine 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 significant success in class actions. David was, for example, successful on behalf of defendant directors in defeating motions for certification (involving claims of oppression/shareholder disputes) 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. Among other things, David was also successful in striking out a $200 million product liability class action against Toshiba. Recently, he arranged and successfully argued for the discontinuance of another class action against Toshiba. David also acted as co-counsel in successfully resisting appeals by the Federal Government from a significant Charter class action judgment (Hislop v. Canada). He is also lead counsel in closely watched national overtime class actions that have been certified against CIBC and Scotiabank. Among other things, David was central to the very recent innovative settlement of the Scotiabank overtime case. He is also lead counsel in certified class actions relating to investment funds (Fantl) and tax shelters (Lipson) as well as one of the lead counsel on the certified Elliot Lake Mall Collapse class action. On the Fantl case, he was lead counsel on the $50 settlement of one aspect of the case (excess management fees) and continues to prosecute the balance of that certified action.
On corporate/commercial litigation (non-class action), David has been involved in many cases over his 22 years of practice. He has been successful in pursuing and resisting various claims, including oppression claims/shareholder disputes, seeking tens of millions in damages against multi-national corporations as well as individual directors. For example, David successfully acted for the City of Waterloo in connection with various complex claims by the City arising out of a $50 million financing. David is currently involved in various actions and applications involving, among other things, oppression claims, breach of fiduciary and contractual duties, directors’ duties and liability, misappropriation, unfair competition and solicitation, Mareva (freezing assets) remedies, complex expert issues and shareholder remedies.
He is the editor-in-chief of the Federated Press, Commercial Litigation Section. David often speaks about various litigation topics, including class actions, oppression/shareholder disputes and director’s liability, at conferences and law schools.