Core Practice Areas
Agent and Broker Claims
Business Torts | Economic Torts
Commercial List Matters
Construction | Projects
Contract Disputes and Litigation
Contract Termination & Force Majeure
Cross-Border Litigation and Arbitration
Debt Recovery and Enforcement
Distribution and Licensing Disputes
Defamation | Libel and Slander
Enforcing U.S. Judgments in Ontario
Financial Service Litigation
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
Joint Venture Disputes
Loan and Guarantee Litigation
Maritime and Admiralty
Online Defamation | Cyber Libel
Project Finance Litigation
Real Estate Litigation
Sale of Business Disputes
Sale of Goods Litigation
Trademark and Passing Off
Travel | Tourism Litigation
US Debt Recovery in Ontario
Anton Piller Orders
Arbitration – Stay of Proceedings
Arrest of Ships & Aircraft
Certificate of Pending Litigation
Enforcement of Arbitration Awards
Enforcement of Judgments
Ex parte Orders
Injunctions and Urgent Remedies
Jurisdiction Challenge – Stay
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.”
- Matters before the Commercial List of the Ontario Superior Court of Justice, including matters under the Corporations Act (Ontario) and the Canada Corporations Act, cases under the Arthur Wishart Act (Franchise Disclosure), and commercial matters under the International Commercial Arbitration Act (Ontario), Arbitration Act, 1991 (Ontario) and Commercial Arbitration Act (Canada).
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.
Marine and Maritime, including arrest and admiralty jurisdiction, cargo claims, particular and general average, collision, charter party disputes, demurrage and laytime disputes, salvage, towage and pilotage cases, harbor, docks, and piers, wharves, and warehouses, sale, building and repair of ships, yachts and marine industry equipment, passengers claims, safety at sea, oil rigs, war and strikes insurance, marine insurance, hull insurance and P & I Club coverage.
- 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)
“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
Toronto Litigation Lawyers for Manufacturers and Distributors
August 10, 2017
Construction Heavy Machinery & Equipment Disputes
June 12, 2017
Partnership Disputes & Joint Venture Litigation
March 02, 2017
Cross-Border Ship Mortgage Enforcement
October 26, 2016
Enforcement of Ontario Judgment in US (U.S.A and American States)
January 15, 2016
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.
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.
David is a notary public for the Province of Ontario.
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)