David K. Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Gilbertson Davis LLP

David Alderson, LL.B, LL.M
Qualified Arbitrator
Commercial Mediator
Senior Counsel –Commercial Litigation


EMAIL, ZOOM & SKYPE:
dalderson@gilbertsondavis.com


David Alderson, LL.B, LL.M
Experienced Litigation Lawyer
Qualified Arbitrator
Commercial Mediator

Senior Counsel – Commercial Litigation
Business Litigation and Arbitration
Cross-Border Litigation and Enforcement
Commercial, Business and Property Arbitrator and Mediator


David has practiced over 40 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*

“I welcome enquiries concerning large, complex litigation, arbitration, and mediation 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, including family business & divorce 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. I have written extensively on motions for summary judgment.”

David is a member of the following Litigation Practice Groups at Gilbertson Davis LLP:

Business Dispute, Finance Litigation, Commercial Litigation and Commercial Arbitration
Real Estate and Property Litigation, Cottage and Recreational Property Litigation, Condo Finance Litigation
Commercial Leasing, Broker Claims, Franchise Disputes and Retail Leases
Heavy Construction Machinery and Equipment Claims and High Value Property Litigation
Debt Recovery, Commercial Loan and Credit Ligation, Casino Debt and Fraud Recovery
Enforcement of Judgments, and Recognition of Foreign Judgments
Technology and Internet, Fake Websites and Domain Name Protection
Brand Protection, Counterfeit Goods, and Trademark Protection 
Summary Judgment Motions, Injunctions and Urgent Remedies 
Business Defamation and Trusts and Estate
Family Business and Divorce
Acting for US Clients with U.S. Counsel
Alternative Dispute Resolution

He has hands-on practical experience in large scale, complex litigation and arbitration, often with an international dimension and / or requiring urgent equitable remedies. 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 works with family law lawyers in separation and divorce cases involving a family business.

His practice is focused on business disputes, partnership and shareholder disputes, including oppression remedy claims and derivative actions, 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, reinsurance disputes and litigation, and trademark, technology and internet litigation. David appears on the Directory of Canadian Intellectual Property Lawyers.


“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 5,000 decisions of the courts and tribunals in Canada, including over 2,600 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 Alderson is the author of two chapters of the Annual Review of Civil Litigation, which if read together comprise a seven year survey of the appellate cases across Canada considering Hryniak and summary judgment.

The chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation 2018 covers appellate cases for the first four years following the Supreme Court of Canada decision. The second chapter Emerging Burdens of the Summary Judgment Motion Judge, included in the Annual Review of Civil Litigation 2021 picks up where the earlier chapter left off, and canvases appellate decisions for the next three years. A copy of Sentinels of the Hryniak Culture Shift: Four Years On can be accessed here. The second chapter, Emerging Burdens of the Summary Judgment Motion Judge, is available here.

The Overview in each of Annual Review of Civil Litigation – 2021  and Annual Review of Civil Litigation – 2018 included the following:

Annual Review of Civil Litigation – 2021 – “Mr. Alderson’s paper is extremely important for all practicing litigators. His survey is first class and his conclusions must be understood by our legal community.

Annual Review of Civil Litigation – 2018“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

A brief summary of David’s speaking engagements and current publications are listed below.

COMMERCIAL ARBITRATOR, BUSINESS ARBITRATOR, CONSTRUCTION ARBITRATOR, PROCUREMENT ARBITRATOR, TECH ARBITRATOR, REAL ESTATE ARBITRATOR, PROFESSIONAL LIABILITY ARBITRATOR EMPLOYMENT ARBITRATOR, REINSURANCE ARBITRATOR AND MARINE ARBITRATOR

David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as commercial arbitrator, business arbitrator, construction arbitrator (not interim payments adjudicator), procurement, technology arbitrator, real estate (including condo and commercial leasing) arbitrator, employment arbitrator, reinsurance 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. David has completed each of the Foundations in Judicial Competencies Series, and the Adjudicative Tribunal Competency Series and has been granted a Certificate of Completion in each by the Ontario Bar Association.

David appears on the arbitrating member Rosters or Directories of: Directory of ADR Institute of Ontario Dispute Resolution Professionals; TCAS Directory of Member Arbitrators; Ontario Bar Association Remote Arbitrators Member Directory; and the Roster of Gilbertson Davis LLP Arbitration and Mediation Chambers. David’s complete membership of Arbitrator Rosters can be viewed here.

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, contract dispute, contract termination, property, projects, infrastructure, technology, construction, investment, franchise, employment, marine and reinsurance arbitration, at reasonable hourly rates, and with good availability. Whether or not the arbitration is transferred from existing litigation, under expedited rules, or entirely online, through the use of video conference hearing, I gladly accept appointment as arbitrator.”


COMMERCIAL DISPUTE MEDIATOR, BUSINESS DISPUTE MEDIATOR, CONSTRUCTION DISPUTE MEDIATOR, CONDO DISPUTE MEDIATORESTATE DISPUTE MEDIATOR, TECH DISPUTE MEDIATOR, REAL ESTATE DISPUTE MEDIATOR, EMPLOYMENT DISPUTE MEDIATOR AND MARINE DISPUTE MEDIATOR

David brings over 40 years practice as a lawyer in a wide variety of litigation practice areas here and in numerous international locations to a practice of both facilitative and evaluative mediation techniques.

EDUCATION
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.
ACCREDITATIONS*
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
Family Business and Divorce
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
Management 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
US Letters Rogatory
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



Additional Information


Website Lawyers | Domain Name Disputes | Counterfeit Websites | Fake Bad Reviews and Remedies
December 3rd, 2023

Family Business Litigation | Start Up Company Litigation
December 2nd, 2023

Divorce and the Family Business
November 28th, 2023

Service Abroad in Civil and Commercial Litigation
November 26th, 2023

Internal Business Disputes in Trades, Subtrades, Contractors and Subcontractors
November 4th, 2023

Impact of Divorce or Separation on a Family Business
March 10th, 2023

Broker and Agent Liability Claims Arbitrator – Reasonable Fees – Good Availability
April 8th, 2022

Professional Liability Claims Arbitrator – Experienced and Qualified Arbitrator with Reasonable Fee Rates
March 22nd, 2022

Procurement Dispute Arbitrator – Independent, Qualified, Reasonable Hourly Fees, and Good Availability
January 17th, 2022

Arbitration Chambers – in the Adelaide St. “Arbitration Alley”
January 15th, 2022

Motion by Arbitrator | Application by Arbitrator | Procedure Arbitration
January 9th, 2022

Business Dispute Arbitrator – Qualified Arbitrator with Reasonable Fees
December 11th, 2021

Summary Judgment – Emerging Burdens of the Summary Judgment Motion Judge
November 6th, 2021

Reinsurance Arbitrator and Mediator
October 15th, 2021

Case Management Arbitrator – Arbitration | Motion Arbitration and Discovery Dispute Arbitration
September 22nd, 2021

Experienced Commercial Arbitrator with Reasonable Hourly Fee Rate
September 17th, 2021

Commercial Mediator, David Alderson
September 14th, 2021

David is the author of the chapter entitled Emerging Burdens of the Summary Judgment Motion Judge, included in the Annual Review of Civil Litigation 2021, (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited.)

“ Mr. Alderson’s paper is extremely important for all practicing litigators. His survey is first class and his conclusions must be understood by our legal community.

–  The Hon. Justice Todd Archibald

Condo Arbitration, Condo Litigation, Condo Oppression Claims, and Piggybacking
April 5th, 2021

Domain Name Disputes, Counterfeit Websites, Fake Bad Reviews and Remedies
March 29th, 2021

Toronto Arbitrators – Reasonable Fees & Good Availability
March 28th, 2021

Shareholder’s Remedies
March 23rd, 2021

Move Summary Judgment Motion to Arbitration – Early Dates Available
March 22nd, 2021

Commercial Mediator, David Alderson, LL.B, LL.M (Commercial and Corporate)
January 12th, 2021

The Ontario Commercial Mediation Act, 2010 (Blog Part III)
January 4th, 2021

The Ontario Commercial Mediation Act, 2010 (Blog Part II)
January 3rd, 2021

The Ontario Commercial Mediation Act, 2010 (Blog Part I)
January 2nd, 2021

Expedited Arbitration by Toronto Arbitrators | Fast Track Arbitration | Simplified Arbitration
October 30th, 2020

Arbitration Without an Arbitration Clause | When Can I Arbitrate?
August 29th, 2020

Employment Arbitrator | Reasonable Fees and Good Availability
August 25th, 2020

Construction Arbitrator | Reasonable Hourly Rate | Good Availability
August 1st, 2020

Tech Arbitrator | IP Arbitrator | IT Arbitrator | Internet Arbitrator
July 24th, 2020

Commercial Arbitrator from $350 per hour* David Alderson
July 11th, 2020

Roster Arbitrator, with Reasonable Fees and Good Availability
June 21st, 2020

Toronto Debt Recovery Lawyers | Enforcement of Judgment Lawyers
June 10th, 2020

Toronto Lawyers for COVID-19 / Coronavirus Urgent Legal Services
April 26th, 2020

Moving Litigation to Arbitration | Arbitration Option in Times of COVID-19
April 19th, 2020

Expedited Arbitration Arbitrators
April 14th, 2020

Toronto Lawyers for Large Debt Collection and Enforcement of Foreign and Local Judgments and Awards
April 10tt, 2020

Toronto COVID-19 / Coronavirus Lawyers and Legal Services
April 8th, 2020

Remote Arbitration Hearings | Remote Court Hearings – Emerging Protocols for COVID-19 / Coronavirus
April 1st, 2020

Arbitration & Court Closure Due to COVID-19 / Coronavirus
March 18th, 2020

Contract Arbitrator – Event Cancellation Dispute Arbitrator, Force Majeure Clause Dispute – Reasonable Fees and Good Availability – Gilbertson Davis LLP Arbitration and Mediation Chambers
February 25th, 2020

When Shareholders Need an Auditor or Inspector
February 15th, 2020

Legal Consequences of Coronavirus on Commercial Contracts
February 13th, 2020

Judgment Against Anonymous Blogger – Service on Pseudonym
January 26th, 2020

Profit Not Required to Find Use of Trademark in Normal Course of Trade
January 25th, 2020

Liability of Directors and Officers | Oppression Remedy | Shareholders Claims
January 24th, 2o20

UN Convention on Contracts for International Sale of Goods | Ontario’s International Sales Convention Act
January, 22, 2020

Toronto Franchise Arbitrator Available with Reasonable Fee Rate
December 12, 2019

Keep Them Calm and Arbitrate On!
November 20, 2019

Partnership Disputes – Dentists, Doctors, Accountants, Lawyers, Architects and Engineers
November 14, 2019

Business Dirty Tricks
October 24, 2019

Manufacturers and Distributors – Toronto Litigation Lawyers
October 10, 2019

Shareholder Disputes, Oppression Remedy, and Liability of Directors and Officers
October 09, 2019

Partnership Disputes Between Professionals – Dentists, Doctors, Accountants, Lawyers, Architects and Engineers
October 08, 2019

International Sales Conventions Act, R.S.O. 1990, cI.10 | United Nations Convention on Contracts for the International Sale of Goods
October 05, 2019

International Commercial Arbitration Laws – Greater Harmonization
October 04, 2019

Service of Foreign Process (including U.S. Proceedings) in Ontario, Canada
October 01, 2019

Toronto Condo Arbitrator – Independent, Reasonable Fees and Available
September 13, 2019

Commercial Lease Dispute Arbitrator – Leasing Disputes and Rent Arbitration
June 21, 2019

Toronto Arbitrator for Shareholder Disputes, Partnership Disputes and Property Disputes
May 29, 2019

Letters Rogatory | Letters of Request | Request for International Judicial Assistance | Commission Evidence
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

Current Memberships

Arbitrator

David is a member of the Toronto Commercial Arbitration Society, has successfully completed their Gold Standard Course in Commercial Arbitration and appears on their Arbitrating Member Directory. 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). David is a member of the Ontario Bar Association and he appears on the List of Arbitrators in the Ontario Bar Association Remote Arbitration and Mediation Member Roster.

Lawyer

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 practiced as a solicitor of the Supreme Court of England & Wales from 1988 to 1995. David has also practiced in Dubai, UAE, and Bermuda.

David is a member of the Canadian Maritime Law Association  and is listed under the Canadian International Internet Dispute Resolution Centre’s (CIIDRC) Directory of Canadian Intellectual property lawyers.
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, American Bar Association, Advocacy Society, Nautical Institute (UAE), Marine Club, and Association of Maritime Arbitrators of Canada.

Directory Entries

American University in Dubai  (Dubai, UAE) – adjunct lecturer in Contemporary Business Ethics (2002-2004) and Communications (2003-2004)

University of Sharjah (Sharjah, UAE) – adjunct lecturer in Legal Environment of Business (2001-2002)