david di paolo

DAVID DI PAOLO
Associé
T 416.367.6108
Montreal
F 416.361.2454
Toronto
[email protected]
http://ca.linkedin.com/in/ddipa
olo1
Actions collectives
Litige relatif aux valeurs mobilières
Enquêtes et défense des cols blancs
Litige relatif au droit des sociétés et droit commercial
Formation / Admission au Barreau
EXECUTIVE SUMMARY
LLB, University of Western Ontario,
1996
David Di Paolo is a partner, the manager of the Toronto Commercial Litigation Group,
regional chair of the Securities Litigation Group, and a member of the Partnership
Board at Borden Ladner Gervais LLP. David represents registrants and public
companies and their respective officers, directors and shareholders in all manner of
proceedings and prosecutions. He has appeared before all levels of Court including the
Supreme Court of Canada as well as provincial securities commissions, self-regulatory
organizations such as the Investment Industry Regulatory Organization of Canada
(IIROC) and the Mutual Fund Dealers Association of Canada (MFDA).
B.Sc., (Hons., summa cum laude ) in
Biology and Psychology, 1993
Ontario, 1998
Activités professionnelles
Member, Canadian Bar Association
David's areas of focus include:

Securities litigation and regulation, including broker liability and departing
broker litigation, proceedings before the Ontario Securities Commission, selfregulatory organization disciplinary proceedings and charges under the
Securities Act.

Securities class actions and shareholders' rights litigation, including oppression
proceedings and derivative actions.

Directors' and officers' liability, including shareholders' actions, creditors'
actions, and offences under the Securities Act and other regulatory statutes.

Takeover bid litigation.

Election law litigation.

General commercial litigation, including contract disputes, lender liability and
debtor/creditor rights.
Member, The Advocates' Society
REPRESENTATIVE WORK

Wrzesnewskyj v. A. G. – represented Elections Canada in a contested election
application in Etobicoke Centre both at the application and before the Supreme
Court of Canada.

Gould v. Western Coal – represented one of the defendant directors in
successfully defeating certification in a securities class action.
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés

Represented Parrish & Heimbecker in successfully setting aside a
shareholder's rights plan before the Ontario Securities Commission (OSC).

French v. Karas et al. – represented the dealer in defence of a class action
proceeding.

Fischer v. AIC et al. – represented one of the fund companies in a securities
class action with respect to alleged market timing activities.

Acted for a number of institutional shareholders before the OSC and the court
in opposing Magna's proposal to eliminate its dual class share structure.

Research in Motion – represented senior executive in options back-dating
regulatory investigation and settlement.

Gary Hurst v. Worldsource Financial Management Inc. – represented several
mutual fund dealer defendants in class action resulting from the collapse of
Portus.

YBM Magnex International Inc. et al. – represented one of the respondents in
defeating an OSC proceeding.
PUBLICATIONS & PRESENTATIONS

Co-Author, "Costs Principles in Class Actions Are Not Asymmetrical​," BLG
Class Actions Bulletin, May 20, 2015.​

​Quoted, "What to do if a client launches a lawsuit," Investment Executive,
March 2014.

Quoted, "IFB Summit: OBAs in compliance spotlight," Investment Executive,
November 6, 2013.

Quoted, "Costly advice: Should all investors be treated as ‘completely
vulnerable’?," Financial Post, November 4, 2013.

"Five things clients — and advisors — should do to protect
themselves,"Financial Post, November 2, 2013.

Speaker, the Third Annual Securities Symposium, presented by The
Advocates' Society, September 12, 2013, in Toronto and a webcast option is
available.

Co-Author, "Strategy for Defendants Facing a Leave Motion to Commence a
Class Action Under the Securities Act," The Canadian Class Action Review,
Vol. 8 No. 2, May 2013.

Editor, Brokers’ Report, May 2013.

Editor, Brokers’ Report, April 2013.

Co-Author, "The Canadian Securities Regulators’ Proposals for a 'Best Interest'
Standard for Dealers and Advisers: The Long Road Ahead," April 2013.

Co-Author, "Strategy for Defendants Facing a Leave Motion to Commence a
Class Action Under the Securities Act," April 2013.

Speaker, "Elevating the Expecting Standard of Conduct for Advisors," Client
Insights, March 2013.

Co-Author, "No Fiduciary Standard Needed in Canada," Advisor's Edge
Report, May 2011.
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés

Author, "The Enforcers," Advisor's Edge Report, May 2010.
RANKINGS & RECOGNITIONS

Recognized in the 2016 edition of Benchmark Canada - The Definitive Guide to
Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star:
Ontario and a "Litigation Star: Commercial, Securities".

Selected by peers for inclusion in the 2016 edition (and since 2012) of The
Best Lawyers in Canada® (Class Action Litigation, Corporate and Commercial
Litigation, Securities Law).

Recognized in the 2015, 2014 and 2013 editions of The Canadian Legal
Lexpert® Directory (Litigation – Directors' & Officers' Liability, Litigation –
Securities).
À PROPOS DE BORDEN LADNER GERVAIS S.E.N.C.R.L., S.R.L
Borden Ladner Gervais S.E.N.C.R.L., S.R.L. (BLG) est un grand cabinet juridique canadien
qui offre à ses clients une gamme complète de services, principalement en droit des affaires, litige commercial et arbitrage ainsi que propriété intellectuelle. BLG est l’un des
premiers cabinets juridiques en importance au pays; il compte plus de 725 avocats,
agents de propriété intellectuelle et autres professionnels dans 5 grandes villes du Canada. BLG répond aux besoins de ses clients, que ce soit en matière de litige, de financement ou d’enregistrement de brevets et de marques de commerce.
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés