David Alderson
LL.B, LL.M (Commercial and Corporate)
Counsel – Commercial Litigation
David has practiced 35 years as commercial and civil litigator in diverse matters in the courts and in domestic and international arbitration proceedings in Ontario, Canada, England, Bermuda and Dubai. He is also admitted to practice law in New York State.
His practice is focused on business disputes, partnership and shareholder disputes, commercial litigation and arbitration, products liability, and insurance & reinsurance litigation. David has acted as litigation counsel for large and medium-sized business located throughout the world, primarily in Canada, USA, Caribbean, Europe, Middle East, Arab / Persian Gulf Region and Far East. He has hands-on practical experience in large scale, complex litigation, often with an international dimension and / or requiring urgent equitable remedies.
LOCAL COUNSEL
David has appeared as counsel before the Ontario Superior Court of Justice, including Commercial List matters, the Ontario Court of Appeal, the Federal Court, Federal Court of Appeal and the Supreme Court of Canada in many leading and reported cases, including as co-counsel in Hryniak v Mauldin, a decision of the Supreme Court of Canada on summary judgment and access to justice, which has been has been cited in over 1,800 decisions of the courts in Canada, including over 1,100 decisions of the courts in Ontario. David has acted as counsel in both domestic and international arbitration, including AAA arbitration, ICDR International Rules, ICC arbitration, LMAA arbitration, GAFTA arbitration, and various other ad hoc and non-institutional arbitrations.
INTERNATIONAL EXPERIENCE – ENGLAND, BERMUDA and DUBAI
In addition to his practice in Ontario, Canada, David has been a litigator in England, Bermuda and Dubai. He practiced international litigation in London, England (solicitor), Bermuda (barrister and attorney-at-law) and Dubai, United Arab Emirates (attorney, practicing with legal consultants). He is also admitted in New York State (attorney and counselor-at-law). Details of David’s international litigation experience may be viewed on his LinkedIn page.*
University of London, University College London, LL.M, Commercial and Corporate Law, 1987, Osgoode Hall Law School, LL.B, 1980, York University, two years of BA (Mathematics and Economics), 1976, Awarded York University In-Course Scholarship each of two years of BA.
New York – 2005
Bermuda – 1998
England and Wales – 1988
Ontario – 1982
Core Practice Areas
Agent and Broker Claims
Business Litigation
Business Torts | Economic Torts
Commercial Arbitration
Commercial Litigation
Commercial List Matters
Construction | Projects
Contract Disputes and Litigation
Contract Termination & Force Majeure
Copyright Infringement
Cross-Border Litigation and Arbitration
Debt Recovery and Enforcement
Distribution and Licensing Disputes
Defamation | Libel and Slander
Enforcing U.S. Judgments in Ontario
Entertainment Litigation
Finance Litigation
Financial Service Litigation
Franchisee Claims
Franchise Disputes and Litigation
Fraud Recovery for Victims
Internal Company Disputes
International Commercial Arbitration
International Distribution Disputes
International Joint Venture Disputes
International Sale of Goods Litigation
Internet Litigation
Joint Venture Disputes
Loan and Guarantee Litigation
Marine Insurance
Maritime and Admiralty
Offshore Litigation
Online Defamation | Cyber Libel
Partnership Disputes
Product Liability
Project Finance Litigation
Property Disputes
Real Estate Litigation
Reinsurance
Sale of Business Disputes
Sale of Goods Litigation
Shareholder Disputes
Trademark and Passing Off
Travel | Tourism Litigation
US Debt Recovery in Ontario
Anton Piller Orders
Appeals
Arbitration – Stay of Proceedings
Arrest of Ships & Aircraft
Certificate of Pending Litigation
Commission Evidence
Enforcement of Arbitration Awards
Enforcement of Judgments
Ex parte Orders
Forum Challenge
Freezing Orders
Injunctions and Urgent Remedies
Jurisdiction Challenge – Stay
Letters Rogatory
Mareva Injunctions
Norwich Orders
Oppression Remedies
Summary Judgments
Has appeared as Counsel in Courts
in Ontario and Canada:
Ontario Superior Court of Justice
Commercial List
Divisional Court
Ontario Court of Appeal
Federal Court
Federal Court of Appeal
Supreme Court of Canada
Acting in Ontario Proceedings for
Clients and with their Lawyers:
Located in U.S.
Located in U.K.
Located in China
Located in Hong Kong
Located Offshore
Gilbertson Davis LLP Arbitration and Mediation Services
Commercial Arbitrator
Marine Arbitrator
Other Services
Notary Public for the Province of Ontario
*David Alderson currently practices only the laws of Ontario and Canada
Areas of Concentration
David Welcomes:
- Enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension.
- Referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and arbitration awards in Ontario.
- Injunctions and Urgent relief, including Anton Piller (so-called “civil search warrant”) orders, anti-suit injunctions, arrest of ships and aircraft, attachment of assets, asset freezing orders, copyright and trade-mark infringement injunctions, enforcement of contractual rights, interim injunctions, interlocutory and permanent injunctions, interpleaders orders, jurisdictional challenges, mandatory orders, Mareva (freezing) injunctions, Norwich (disclosure without notice) orders, oppression remedies, certificate of pending litigation (CPL) preservation and recovery of property, specific performance, and quia timet injunctions.
Product liability litigation, sale of goods litigation, international sale of goods litigation, distribution disputes and international distribution disputesconcerning a diverse variety of products, including food products, commodities, building materials, steel, ore, automobile, and heavy industries. - Business Disputes, including agency disputes, business breakups, contract disputes, crisis management, directors’ duties and obligations, fiduciary duties, oppression remedies, shareholders’ disputes, debtors’ and creditors’ rights, executive employment disputes and wrongful dismissal, labor disputes, partnership disputes, start-up company disputes, family business disputes, REIT litigation, and joint venture disputes.
Commercial litigation, including contract disputes, especially, termination, cancellation, frustration, force majeure, interruption and legal consequences of strikes, war, hostilities, civil disobedience, and terrorism, distribution contracts, international sale of goods, product liability, shipping and international trade, franchise disputes, distribution and licensing disputes; trademark, passing off and copyright claims, internet disputes, commodities litigation, commercial leasing disputes, commodities disputes, including oil, grain, food products and edible oils, performance bonds, business torts, such a civil conspiracy, intentional interference with economic relations and inducement of breach of contract, internet and ecommerce litigation, licensing disputes, oil and gas, including pipeline and offshore rigs.
International Litigation and Arbitration, including marine and maritime litigation and arbitration, cross-border litigation and international commercial arbitration, including international joint venture arbitration, enforcement of foreign judgments and arbitration awards, jurisdictional challenges, jurisdiction simpliciter and forum non conveniens motions,international trade, international sale of goods, international debt collection, international judicial assistance, letters of request, letters rogatory, offshore litigation, outsourcing litigation, personal injury on vacation, ports and harbors, reinsurance disputes, service of foreign process, travel and tourism litigation.
Additional Information
- Panelist at the Law Society of Upper Canada Continuing Professional Development program, The Annotated Partnership Agreement 2015, on the panel entitled “Review of the Differences (Legal and Drafting) Between a Partnership and a Joint Venture – Understanding the Significant Consequences“.
- Member of faculty for the Osgoode Professional Development program Shareholder Litigation and the Closely-Held Company (held on April 7, 2015)
- Chair and Moderator of the Osgoode Hall Law School CLE Webinar on Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications (March 2014)
- New Developments in Emergency Arbitration Procedures – Interview Published in Law Times (April 2013)
- ABA Annual Meeting, Section of Litigation event “Strategic Choices in International Arbitration: the Impact of Forum Selection and Choice-of-Law Decisions” covering competence-competence doctrine, severability (separability) and judicial intervention in determining the jurisdiction of a tribunal; and the enforcement of arbitral awards, including public policy exclusion to enforcement and the effect of local limitation periods in the recognition and enforcement of foreign arbitration awards in UNCITRAL / Model law jurisdictions (August 2011)
June 12, 2017
Family Business Dispute, Start Up Company Dispute, and Closely-Held Company Litigation
March 03, 2017
Shareholder Disputes, Oppression Remedy, and Directors and Officers Liability
March 02, 2017
Partnership Disputes & Joint Venture Litigation
March 02, 2017
Court of Appeal Emphasizes Confidence in Fact Finding on the Record for Summary Judgment
February 23, 2017
Cross-Border Ship Mortgage Enforcement
October 26, 2016
Toronto Lawyers for Victims of Investment Fraud: When Investing in a Toronto Business Goes Bad
September 22, 2016
Business Dirty Tricks: Unfair Competition: Intentional Interference, Inducing Breach of Contract, Conspiracy and Defamation
September 8, 2016
Joint Venture Disputes and International Joint Venture Arbitration
July 15, 2016
Partnership and Contractual Disputes between Professionals (Dentists, Doctors, Accountants, Lawyers, Architects, Engineers)
January 18, 2016
Enforcement of Ontario Judgment in US (U.S.A and American States)
January 15, 2016
David Alderson, Panelist on Law Society of Upper Canada Annotated Partnership Agreement 2015 CDP
September 23, 2015
Andrew Ottaway and David Alderson wrote the following article: U.S. Defendants: Sued in Ontario, Canada ? So You want Out, Eh? Challenging Jurisdiction, The Newsletter of the DRI International Committee, Volume 4 Issue 1.
London Court of International Arbitration (LCIA) – New Rules Include Expanded Provisions on Emergency Relief
August 19, 2014
Service of Foreign Process (including U.S. Proceedings) in Ontario, Canada
August 14, 2014
International Sale of Goods Convention – New Members in 2014 and 2015
August 13, 2014
Dubai’s DIFC Announces Amendment of Arbitration Law to Accord with New York Convention
April 11, 2014
Court of Appeal on Restrictive Covenant on Dissolution of Partnership
April 11, 2014
Summary Judgment in Wrongful Dismissal Action in IT Sector
April 9, 2014
Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications
April 9, 2014
Practicing Member of Law Society of Upper Canada in good standing from 1982.
While David is currently admitted to practice in Ontario, Canada and New York State, and is on the roll of Barristers and Attorneys at Law in Bermuda, he currently practices only the laws of Ontario and Canada.
David is a notary public for the Province of Ontario.
Past Memberships
From 1988 to 2004, while practicing in England, Bermuda and Dubai, David was on the roll of solicitors of England and Wales. He is a former member of the Law Society of England and Wales, Bermuda Bar Association, New York Bar Association, American Bar Association , Ontario Bar Association, Advocacy Society, Nautical Institute (UAE), Marine Club, Canadian Maritime Law Association and Association of Maritime Arbitrators of Canada.
University of Sharjah (Sharjah, UAE) – adjunct lecturer in Legal Environment of Business (2001-2002)