David S. Wilson

Partner
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P: 416-593-3970
F: 416-593-2961
  • Called to the Bar of Ontario, 1980
  • LL.B., University of Windsor, 1978
David Wilson
 Overview

As a respected senior counsel with over 35 years of experience in specialty lines coverage and litigation, David Wilson is a trusted advisor to many of Canada’s leading commercial insurers.  David’s practice focuses on professional liability insurance, directors’ and officers’ (D&O) liability insurance and fidelity insurance.

David has extensive experience in the defence of professionals under liability policies, with particular emphasis on engineers, architects, financial advisors, mortgage brokers, insurance agents and real estate agents.   He also provides coverage advice in this area.  His objective in every case is to secure the most efficient result at the lowest cost.

David is also regularly retained in connection with Canadian and multi-jurisdictional D&O disputes, either to defend directors and officers; provide coverage advice; or monitor litigation (including, in particular, class actions).

David has practiced in the highly-specialized area of fidelity and commercial crime insurance since the 1980s.  He has significant experience in claims under fidelity policies and financial institution bonds.  He has provided coverage analysis to fidelity insurers and has litigated first-party claims, including claims under Ontario’s Credit Union Bonding Program.  David has also successfully subrogated on behalf of fidelity insurers against defaulters, co-conspirators, auditors and financial institutions, both in Canada and internationally.  He has written on coverage and fraud recovery issues for the National Banking Law Review and other publications, and also regularly contributes to Blaneys Fidelity Blog.

David also has significant experience in reinsurance disputes and environmental litigation.  Early in his career, he represented the federal Superintendent of Insurance in several major reinsurance disputes, and later acted for the Superintendent of Insurance as liquidator of Northumberland General Insurance Company on a number of complex reinsurance issues, including allegations of misrepresentation and non-disclosure, together with denials of coverage on the basis of specific treaty exclusions.  David also has significant non-insurance commercial litigation experience including, in particular, commercial tenancy disputes.

After finishing law school at the age of 22, David practiced with one of Blaney McMurtry’s predecessor firms until that firm merged with Blaneys in 1986.

 Education
  • LL.B., University of Windsor, 1978
 Practice Areas  Called to the Bar
  • Called to the Bar of Ontario, 1980
 Experience
  • Portuguese Canadian (Toronto) Credit Union Ltd v Cumis General Insurance Co (2006), 41 CCLI (4th) 124 (Ont Sup Ct J) -

    Successful defence of rule 21 motion to strike out portions of insurer’s defence

  • Uribe v Sanchez (2006), 33 CPC (6th) 94 (Ont Sup Ct J) -

    Successful motion for security for costs in action alleging investment advisor negligence, requiring plaintiff to post over $250,000 in security

  • Iroquois Falls Community Credit Union Ltd v Co-operators General Insurance Co (2006), 33 CPC (6th) 264 (Ont Sup Ct J) -

    In large credit union fidelity bond loss, successfully resisted motion for severance of main action from third, fourth and fifth-party claims

  • Joshi v Saskatoon (City) (2004), 130 ACWS (3d) 1108 (Ont CA) -

    Successful defence of municipality in action and appeal on the basis of forum non conveniens

  • Lehndorff Management Ltd v Temporary Office Services Inc (1997), 55 ACWS (3d) 931 (Ont Gen Div) -

    Successful summary judgment motion in action by landlord alleging breach of commercial lease

  • Canada International Medical Suppliers Co v Kenny (1993), 44 ACWS (3d) 412, aff'd 76 ACWS (3d) 678 (Ont Gen Div) -

    Successful action for breach of contract against sub-landlord arising from commercial lease

  • 340909 Ontario Ltd v Huron Steel Products (Windsor) Ltd (1990), 73 OR (2d) 641, aff'd (1992), 9 OR (3d) 305 (Ont CA) -

    Successful action against steel plant which emitted noise and vibration at levels which exceeded the Ministry of the Environment’s Model Municipal Control By-Law Guidelines

  • Distribulite Ltd v Toronto Bd of Education Staff Credit Union Ltd (1987), 45 DLR (4th) 161 (Ont HC) -

    Successful fraud recovery action against employer, applying principle that, in fraud cases, the negligence of a principal in supervising an employee may estop the principal from denying the authority of the employee

 Recognition

Recognition

  • Certified by the Law Society of Upper Canada as a Specialist in Civil Litigation
 Publications
 Blogs

Blog Posts

 Memberships

Memberships

  • Law Society of Upper Canada
  • Ontario Bar Association
  • The Advocates’ Society
  • Toronto Lawyers Association
  • American Bar Association, Fidelity Sub-section

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