David Alderson, LL.B, LL.M, Q.Arb
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PHONE
(416) 979-2020 ext: 230
EMAIL & SKYPE:
dalderson@gilbertsondavis.com
- Business Disputes
- Commercial Litigation
- Counterfeit Goods
- Cross-border Litigation
- Enforcement of Judgments
- Fraud Litigation
- Injunctions
- International Litigation
- Real Estate Litigation
David Welcomes Appointments
- Commercial Arbitrator
- Business Dispute Arbitrator
- Condo Arbitrator
- Shareholder Dispute Arbitrator
- Partnership Dispute Arbitrator
- Joint Venture Dispute Arbitrator
- Commercial Leasing Arbitrator
- Construction Arbitrator
- Franchise Arbitrator
- International Commercial Arbitrator
- Marine Arbitrator
- Property Arbitrator
- Real Estate Arbitrator
- Reinsurance Arbitrator
Appearing 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
David Alderson
LL.B, LL.M (Commercial and Corporate), Q.Arb
Senior Counsel – Commercial Litigation
Business Litigation and Arbitration
Commercial and Marine Arbitrator
David has practiced over 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, joint venture disputes, commercial litigation and arbitration, contract disputes, sale of goods, franchisee claims, and international sale of goods and distribution disputes, construction and project finance disputes, enforcement of large judgments, including US and other foreign judgments, and 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, Persian / Arabian Gulf and East Asia. He has hands-on practical experience in large scale, complex litigation and arbitration, often with an international dimension and / or requiring urgent equitable remedies.
“I am a tough and tenacious, results-focused strategic advocate, whether representing you and your interests in the courtroom or through negotiation. I am a dispute resolver, who approaches challenges as opportunities, and delivers focused, efficient and personal client representation.”
LOCAL COUNSEL – ONTARIO, CANADA
David has appeared as counsel before the Ontario Superior Court of Justice, including Commercial List and Divisional Court 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 3,000 decisions of the courts in Canada, including over 1,900 decisions of the courts in Ontario.
INTERNATIONAL EXPERIENCE – ENGLAND, BERMUDA and DUBAI (ADMITTED IN NEW YORK)*
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). Details of David’s international litigation experience may be viewed on his LinkedIn page.*
David is also admitted in New York State (attorney and counselor-at-law).*
AUTHOR & SPEAKER
David has spoken at continuing legal education sessions (and via podcast) convened by the Law Society of Ontario, Osgoode Hall Law School Professional Development and the American Bar Association. David often is quoted in legal newspapers and other legal publications on emerging developments in the law related to commercial litigation and arbitration.
He regularly writes on subjects related to his practice areas, including chapters of leading legal textbooks on attachment of assets (Bermuda and UAE), and summary judgment / access to justice (Canada).
David is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation 2018 , (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited.)
“Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates. (click here for full Overview)
– The Hon. Justice Todd Archibald, Ontario Superior Court of Justice
A brief summary of David’s speaking engagements and current publications are listed below.
COMMERCIAL ARBITRATOR AND MARINE ARBITRATOR
David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator and as a marine arbitrator, at reasonable hourly rates and with good availability. David has acted as counsel in both domestic and international arbitration, including institutional and ad hoc arbitration. David is a member of the Toronto Commercial Arbitration Society, and has successfully completed their Gold Standard Course in Commercial Arbitration. He is also a Full Member of the ADR Institute of Ontario and appears in its Member Directory.
The Ontario Superior Court of Justice has appointed David Alderson as sole arbitrator in commercial arbitrations.
Curriculum Vitae, Terms of Appointment and availability available on request.
“I accept appointments as arbitrator (both sole and party nominee) in both domestic and international commercial, business, corporate, shareholder, partnership, joint venture, property, projects, infrastructure, construction, investment, franchise, marine and reinsurance arbitration, at reasonable hourly rates, and with good availability.”
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
Arbitration
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
Counterfeit Goods
Counterfeit Website
Cross-Border Litigation and Arbitration
Debt Recovery and Enforcement
Distribution and Licensing Disputes
Defamation | Libel and Slander
Employment Law
Enforcing U.S. Judgments in Ontario
Entertainment Litigation
Estates Litigation
Finance Litigation
Financial Service Litigation
Franchisee Claims
Franchise Disputes and Litigation
Fraud Recovery for Victims
International Arbitration
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
Manufacturers 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
Reputation Management
Reputation Repair
Sale of Business Disputes
Sale of Goods Litigation
Shareholder Disputes
Trademark and Passing Off
Travel | Tourism Litigation
Trusts Litigation
US Debt Recovery in Ontario
Wrongful Dismissal
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 of Request
Letters Rogatory
Mareva Injunctions
Norwich Orders
Oppression Remedies
Request for International Judicial Assistance
Summary Judgments
Other Services
Notary Public for the Province of Ontario
*David Alderson currently practices only the laws of Ontario and Canada
Areas of Concentration
“I welcome enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and 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, manufacturers litigation, 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
- Law Times Cover Story July 20, 2018: “OCA upholds U.S. rabbinical court’s award. Province a leader in international commercial arbitration” concerning Popack v. Lipszyc, 2018 ONCA 635 (Quoted)
- Law Times Cover Story – Enforce Arbitration Agreements: Ruling, November 21, 2016, Re: Haas v. Gunasekaram, 2016 ONCA 744 (Co-Counsel on motion)
- 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)
March 17, 2019
David is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation 2018, (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited.)
“Mr. Alderson has done a masterful job in reviewing the post-Hryniak judgment landscape. He canvasses whether or not our courts have embraced the advocated Hryniak culture shift in civil litigation through the simplification of pre-trial procedures and the principle of proportionality. Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates.”
– The Hon. Justice Todd Archibald, Ontario Superior Court of Justice
McDonald’s Not Served Valid Revocation of Waiver – Commercial Leasing in the Court of Appeal
April 20, 2018
UNCITRAL International Sale of Goods Convention – New Members in 2016 and 2017
April 16, 2018
Greater Harmonization of International Commercial Arbitration Laws
April 09, 2018
Toronto Litigation Lawyers for Manufacturers and Distributors
August 10, 2017
Construction Heavy Machinery & Equipment Disputes
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
David is a member of the Toronto Commercial Arbitration Society, has successfully completed their Gold Standard Course in Commercial Arbitration and appears on their Arbitrator Member Roster. He is a Full Member of the ADR Institute of Ontario, appears on their Member Directory and has been accredited by the ADR Institute of Canada as a Qualified Arbitrator (Q.Arb).
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 member of the Toronto Commercial Arbitration Society, and has successfully completed their Gold Standard Course in Commercial Arbitration.
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)