David Alderson
Practice Areas
David is a litigation lawyer who advises and represents local and international clients in a wide variety of industries. His practice area is commercial litigation and arbitration, often concerning large or complex matters, having an international dimension and/or requiring urgent judicial assistance. David can appear before the courts, tribunals, boards and regulatory bodies of Ontario and Canada.
Experience
For over 27 years, practising in Toronto, Bermuda, Dubai and London (England), David has had the opportunity to assist clients in a wide array of business concerns including:
- Individuals, Partnerships, Companies and Joint Venturers;
- Manufacturers, Vendors and Distributors, especially in Heavy Industries;
- Businesses, organizations, associations and governments outside of Ontario;
- Trade, transportation, shipping and maritime industries, including owners, managers, carriers, insurers, aviation carriers and underwriters and freight forwarders;
- Sports, entertainment and arts;
- Travel and Tourism;
- Insurance and Reinsurance, including policy holders, members, underwriters and brokers; and cedants, reinsurers and brokers in reinsurance markets, including the captive market;
- Land developers, commercial tenants and claimants in construction projects.
David has litigation experience in diverse practice areas, including:
- Admiralty, maritime and marine litigation and arbitration
- Anton Piller orders
- Appeals and Judicial Review
- Appellate Hearings
- Arts and entertainment, including live performance: music, theatre and dance litigation
- Arrest of Ships
- Arrest of Aircraft
- Asset Freezing orders
- Bankers Trust orders
- Banking and bills of exchange litigation
- Business breakups, including partnership disputes, shareholders' disputes and joint venture disputes
- Civil Conspiracy
- Class Actions and Multiple Plaintiff Actions
- Commercial leasing disputes
- Commodities litigation, including oil, grain, food products, edible oils
- Contracts, especially termination, cancellation, frustration, force majeure, interruption, and legal consequences of strikes, war, hostilities, civil disobedience and terrorism
- Copyright breach claims
- Counterfeiting Injunctions
- Cranes and heavy lift machinery
- Director's fiduciary duty
- Debtor and creditors rights
- Defamation
- Economic torts
- Employment
- Enforcement of foreign money judgments and awards
- Equitable remedies, injunctive relief
- Estates litigation
- Fire and explosion claims
- Fiduciary duties
- Foreign and offshore litigation
- Franchise and distribution
- Freezing Orders
- Fraud claims, large theft claims and tracing actions
- Governance issues
- Guarantee and surety
- Human rights
- Inducing Breach of Contract
- Insurance, especially commercial insurance, jewellers block, special risks, fidelity, surety, event cancellation insurance, war risks, marine and aviation
- Injunctions, arrest and attachment of assets and interpleader orders
- Insolvency, bankruptcy and wrongful trading
- Intellectual property disputes
- Interference with economic interests
- International and domestic trade and sale of goods
- International Sale of Goods
- International judicial assistance, letters of request and letters rogatory
- International treaties and conventions
- Internet and e-commerce litigation
- Large-scale tort claims
- Labour tribunal hearings
- Licensing disputes
- Mills injunctions
- Mareva injunctions
- Norwich orders
- Oil and gas, including pipeline and offshore rigs
- Oppression remedies
- Outsourcing litigation
- Personal injury, especially with an international dimension and sports injuries
- Ports and harbours
- Product liability claims
- Property disputes
- Recognition of foreign decrees
- Sale, building and repair of ships, yachts and heavy machinery disputes
- Securities and derivatives litigation
- Sports, especially sports equipment, sports injury and sports ground litigation
- Stock Exchange hearings
- Telecommunications litigation
- Tracing Actions
- Transportation, including road, rail aviation, marine and multimodal
- Travel and tourism litigation and arbitration
- Trade mark breach claims
- Trusts litigation
- Valuations
- Wrongful dismissal
- Yacht, boating and small craft claims
David also has a related practice in litigation risk assessment and advising on allocation of legal risk.
His practice has included legal advice in the creation of business associations for trade, financial, insurance and commercial activities, including legal risk assessment of the association, its structure, regulatory requirements and market participation issues. David has experience in negotiation and preparation of the major and incidental commercial and business agreements in highly competitive and regulated business environments
Professional Activities
David is a member of the Law Society of Upper Canada.
David is a former member of the following organizations:
- International Bar Association
- American Bar Association
- Law Society of England and Wales
- New York Bar Association
- Bermuda Bar Association
- Toronto Lawyers Association
- Ontario Bar Association
- Canadian Bar Association
- The Advocates' Society
- The Association of Maritime Arbitrators of Canada
- The Nautical Institute
- The Marine Club
He has also been an adjunct lecturer in Business Ethics and Business Communications at the School of Business Administration of the American University in Dubai; and in the Legal Environment of Business at the College of Business Administration of the University of Sharjah.
Credentials
David holds a LL.B (Osgoode), 1980 and a LL.M (Lond.) Subject Group: Commercial and Corporate Law, 1987.
He has been admitted to practice law by the governing authority in each of the Province of Ontario (Barrister and Solicitor), New York State (Attorney and Counselor at Law), England & Wales (Solicitor, presently non-practising), and Bermuda (Barrister & Attorney)
Publications & Seminars
Heydary Blog
Supreme Court Affirms Test for Jurisdiction - April 23rd, 2012
Chief Justice of Federal Court of Canada Resigns - August 18th, 2011
Federal Court of Appeal Upholds Federal Court Decision Granting Anti-Suit Injunction for Release of Vessel from Second Arrest - August 16th, 2011
Are you a victim of fraud / “investment”? - August 12th, 2011
Injured on Holiday - August 12th, 2011
Heydary Hamilton PC Lawyer – Speaker at the Annual Meeting of the American Bar Association in Toronto – International Arbitration - August 11th, 2011
Summary Judgment – Claim for Trespass Struck, Claims for Conversion, Trespass to Chattels and Negligence to Proceed - August 4th, 2011
Home, Cottage and Recreational Property Litigation - July 22nd, 2011
Injured on Vacation - July, 22nd, 2011
Summary Judgment – Enforcement of US Summary Judgment in Ontario – Appeal on Ground Louisiana Court Lacked Jurisdiction Fails - July 22nd, 2011
Summary Judgment – Enforcement of U.S. Judgment in Ontario Denied – Court Not Satisfied Defendant Attorned to Texas Court - July 22nd, 2011
Summary Judgment – Licensing Agreement – New York Summary Judgment Enforced in Ontario – Not a Denial of Natural Justice - July 22nd, 2011
Summary Judgment – Ontario Court of Appeal on Former Rule 20 - July 22nd, 2011
Summary Judgment – On Settlement and Release - July 21st, 2011
Summary Judgment for Enforcement of U.S. Judgment (Texas) in Ontario, Canada Denied – Court Not Satisfied Defendant Attorned to Texas Court - April 15th, 2011
Recognition and Enforcement of US Judgment (Louisiana) in Ontario, Canada – Defendants Say US Court Lacked Jurisdiction - April 15th, 2011
International, Transnational and Cross-Border Litigation – Four Jurisdiction Cases in the Supreme Court of Canada - March 4th, 2011
Ontario Court of Appeal requires Owners to Know their Tenants – Upholds Marijuana Insurance Exclusion - March 3rd, 2011
Freight Forwarder refuses Shipper’s Request to Amend Bill of Lading - March 3rd, 2011
Who Owns the River Beds? - March 2nd, 2011
Insurance Coverage for Damage to Swimming Pool Through Pressure of Groundwater (Hydrostatic Uplift Pressure) - February 10th, 2010
An Act Respecting the Safety of Consumer Products, Statutes of Canada: 2010, c. 21 - December 20th, 2010
Access to Justice and Legal Costs – Ontario Court of Appeal - December 3rd, 2010
Interpretation of Commercial Contracts – Valid Termination of a Commercial Lease - November 26th, 2010
Federal Court Upheld Injunction Order to Remove Ship from Harbour - November 16th, 2010
Ontario Court Has No Jurisdiction over Personal Injury Case under Warsaw Convention - November 15th, 2010
Toronto Court Reaches Finding of Fraud in Case Involving Leading Canadian Business Law Firm - November 12th, 2010
Van Breda Test Applied in Inter-Provincial Breach of Contract Case - November 8th, 2010
Federal Court: No Authority to Arrest Crown Ships - November 4th, 2010
SCC Upholds Commercial Activity Exception to State Immunity in Enforcement of UK Judgment in Canada - October 26th, 2010
Arbitration Award Stayed Pending Application to Set it Aside - October 15th, 2010
UNCITRAL Model Law on International Commercial Arbitration – New Legislation - October 14th, 2010
No “Fourth Defence” to Enforcement of Foreign Injunctions (Non-Money Judgments) in Ontario - October 14th, 2010
Safety of Consumer Products - October 12th, 2010
International Sale of Goods Convention – New Members in 2010 and 2011 - October 7th, 2010
Bill 102, Arthur Wishart Amendment Act (Franchise Disclosure), 2010 - September 30th, 2010
Ontario Court Can Replace Arbitrator Named in Arbitration Agreement - September 30th, 2010
Service of Foreign Process in Ontario - September 30th, 2010
Ontario Superior Court of Justice Commercial List Eligibility - September 28th, 2010
Commercial Arbitration and Ontario Courts - September 28th, 2010
Annual Opening of the Courts of Ontario - September 27th, 2010
Release of Arrest of Ship in Belgium stayed pending Appeal to Canadian Federal Court of Appeal - September 27th, 2010
Bank Liable for Encashment of Forged Cheque - August 3rd, 2010
Bank’s Duty of Care to Non-Customers - July 28th, 2010
On-Line
Criteria to Enforce Request for International Judicial Assistance (Letter of Request / Letters Rogatory) - Public Policy - Specificity of Request Case Comment on Ontario Court of Appeal decision in Presbytarian Church of Sudan v. Rybiak – The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Products Liability Litigation - Fire Injury - Causation - Case Comment on Supreme Court of Canada decision in Resurfice Corp. v Hanke -The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Personal Injury Litigation - Amusement Ride Not Common Carrier - Case Comment on Ontario Court of Appeal decision in Mallais and McKenzie v D.A. Campbell Amusements Limited - The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
International Arbitration - UAE Accedes to 1958 New York Convention - Recognition and Enforcement of Foreign Arbitral Awards - By Federal Decree No 43 of 2006 the United Arab Emirates - The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Property Litigation - Cottage Litigation - Road Access - Case Comment on Ontario Court of Appeal decision in 992275 Ontario Inc v Krawczyk - The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Negligence – Slip and Fall Injury – Occupiers’ Liability – Causation Analysis - Case Comment on Ontario Court of Appeal decision in Kamin v. Kawartha Dairy Limited - The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Employment Litigation in Ontario – Wrongful Dismissal – Inducement – Disability During Reasonable Notice Period - Case Comment on Ontario Court of Appeal decision in Alcatel Canada Inc v Mary Egan - The Back of Envelope Blog: Commercial Litigation in Ontario. Alderson Law Office (2004- 2008) (author)
International Litigation Lawyers Library - Attachment of Assets - Mareva Injunctions / Freezing Orders - The Back of Envelope Blog: Commercial Litigation in Ontario, Alderson Law Office (2004-2008) (author)
Arbitration in Ontario - Appointment of Arbitrator - Judicial Intervention - Case Comment on Ontario Court of Appeal decision in Ontario v Ontario First Nations Limited - The Back of Envelope Blog: Commercial Litigation in Ontario. Alderson Law Office (2004-2008) (author)
International Litigation - Enforcement of Foreign Judgment in Ontario - Singapore Judgment - Case Comment on Ontario Superior Court of Justice decision in Oakwell Engineering Ltd. v Enernorth Industries Inc. - The Back of Envelope Blog: Commercial Litigation in Ontario. Alderson Law Office (2004-2008) (author)
Attachment of Assets, Bermuda and UAE Chapters, Juris Publishing, Lawrence W. Newman, Editor (co-author)
Securities and Commodities Regulation in the United Arab Emirates, Middle East and North Africa
Business Guide (co-author)
Enforcement of Money Judgments, Bermuda Chapter, Juris Publishing, Lawrence W. Newman, Editor
(contributor)
Contact Information
New clients call: (866) 439-3279
Current clients call: (416) 972-9001, Ext. 208
Fax: (416) 972-9940
New client inquiries: clientservices@heydary.com
E-mail: dalderson@heydary.com