David A. Crerar: Lawyer with Borden Ladner Gervais LLP

David A. Crerar

View David A. Crerar 's Martindale-Hubbell Connected Profile
Vancouver,  BC  Canada

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Practice Areas

  • Corporate Commercial Litigation and Arbitration
  • Defamation and Media Law
  • Banking Litigation and Arbitration
  • Intellectual Property Litigation
  • Fraud
  • Pension and Benefits
  • Seniors Residential and Long-Term Care Operators
University University of Toronto, Trinity College, B.A., Hons., 1991
Law SchoolUniversity of Toronto, LL.B., 1997
Admitted1998, British Columbia

Executive Summary

David Crerar is a partner in our Vancouver office. He practises in the area of civil and commercial litigation, with a focus on media law and defamation, shareholder disputes, protection of trade secrets, Internet litigation, and banking and pension litigation. He frequently acts in and publishes on disputes concerning the Internet and emerging electronic technologies.

David serves as a Professor at the University of British Columbia Faculty of Law, lecturing in civil procedure. He has published articles on banking law, class proceedings, media and defamation law, Internet law, injunctions, and civil procedure. He also serves as the Firm's National Contact for our Defamation and Media Group.

Representative Work

· Counsel in first Canadian case arising from a pension plan conversion from defined benefit to defined contribution, brought by a class of 67 plaintiffs: Embley v. Tolko Industries Ltd. et al. (2010) 11 BCLR (5th) 371 (SC).

· Counsel in a leading case on judicial review of commercial arbitrations: Williston Navigation Inc. v. BCR Finav No. 3 (2007) 69 BCLR (4th) 187 (SC).

· Counsel in multi-million-dollar litigation concerning fiduciary duties of directors defending a hostile take-over bid: Steele v. Riverside Forest Products Ltd. (2005) 17 CBR (5th) 165 (BCSC).

· Counsel in multi-jurisdictional hotel financing fraud claim for which Mareva freezing orders were obtained: Ruwenzori v. Walji (2004) 8 ETR (3d) 209 (BCSC).

· Counsel in leading Canadian constitutional law case on "navigation and shipping" and "public property": Burrardview Neighbourhood Association v. Vancouver Port Authority (2004) 237 DLR (4th) 466 (BCCA).

· Counsel in defending class proceedings, including class action for automobile delamination, in a leading case under the Trade Practice Act: Oshanek v. General Motors (2002) 2 BCLR (4th) 1 (CA).

· Counsel in commercial leasing disputes, including leading Canadian case on rent distress: Sun Life v. Dots (2000) 184 DLR (4th) 635 (BCCA).

· Counsel in prosecuting civil action in large animal-cruelty case: BCSPCA v. Sudweeks, 2002 BCSC 1892.

· Protection of trade secrets and customer lists, including obtaining injunctions to enforce non-competition clauses and protecting customer lists against former employees joining a large US competitor: Sir 101 v. Farrell (19 December 2000) Vancouver S006407 (SC).

· Employee fraud issues, including successful defence of wrongful dismissal action brought by bank employee dismissed for defalcation: Fletcher v. Bank of Nova Scotia, 2000 BCSC 694.

· Counsel in corporate defamation actions, including prosecuting defamation action between Canada's two largest laser-eye-surgery corporations: Lasik v. TLC (1999) 37 CPC (4th) 380 (BCSC) and prosecuting defamation claim by a large Canadian security company against a major healthcare union: WestPac v. HEU (2000) Vancouver SC983484 (SC).

· Counsel in defending a multi-million-dollar product-liability action brought by a Crown Corporation.

· Counsel in several complex trademark disputes.

· Counsel in various actions involving joint ventures in real estate developments.

· Regularly advises plaintiffs and defendants on defamation issues.

· Have successfully obtained and have had set aside Mareva freezing orders.

· Regularly represents and advises media organizations in applications for access to court exhibits and other freedom of press issues.

· Counsel in several shareholder disputes involving emerging technologies, and shareholder disputes concerning radio stations.

· Counsel in litigation following sale of transportation asset of a Crown corporation.

· Counsel in several shareholder disputes involving patent rights and emerging technologies.

· Appeared as counsel before the British Columbia Court of Appeal, Supreme Court, and Provincial Court, before the Federal Court of Canada, in labour arbitrations, and the Trademarks Opposition Board.

Publications & Presentations


· Editor, British Columbia Business Disputes, The Continuing Legal Education Society of British Columbia (with L. Herbst and J. MacInnis), April 2011.

· Author, "Torts" chapter, Annual Review of Law & Practice, The Continuing Legal Education Society of British Columbia, March 2013 (with Tim Bottomer); March 2012 (with Lori Leung); March 2011 (with Colin Davidson); March 2010 (with Ryan Parsons and Michelle Maniago); March 2009 and 2008 (with Ryan Parsons); and March 2007; 2006; 2005; 2004; 2003; 2002; and 1999.


· Author, "Pension Misrepresentation Claims on the Rise," Business in Vancouver, October 2012.

· Author, "JEL Investments Widens Gate for Leave to Appeal Arbitral Contractual Interpretations," The Advocate, January 2012 (with Krista Johanson).

· Author, "An Overview of Business Defamation," Canadian Insurance Law Reporter, December 2011.

· Author, "Rise of Pension Misrepresentation Claims in Canada," Benefits & Pension Monitor, December 2011.

· Author, "Business Defamation," British Columbia Business Disputes, The Continuing Legal Education Society of British Columbia (CLE BC), April 2011.

· Author, "No Hiding Place in Cyberspace: Electronic Discovery from Non-Parties," Electronic Evidence and Electronic Trials, CLE BC, January 2011 (with Ryan Purita).

· Author, "Look Before You Link: Website Owners Face Potential Liability for Hyperlinks to Defamatory Material, Business in Vancouver, February 2010 (with Michael Skene).

· Author, "A Powerful Freeze From Canada: Mareva Injunctions Stop Fraudsters Cold, Lexpert US Guide, November 2009 (with D. Ross McGowan).

· Author, "Hyperlinks to Defamatory Material on Other Websites may Expose Website Owners to Liability in Defamation," The Lawyers Weekly and Internet & E-Commerce Law Canada, November 2009 (with Michael Skene).

· Author, "A Bank's Innocent Mishandling of a Client's Funds Subject to a Mareva Injunction Freezing Order Leads to a Finding of Contempt of Court," Credit and Banking Litigation Journal, August 2008 (with D. Ross McGowan).

· Author, "E-Spoliation," CLE BC, October 2007.

· Author, "Attacking and Avoiding Substantively Deficient Affidavits: A Litigator's Arsenal," CLE BC, June 2007 (with Alan Cofman).

· Author, "Public Interest in Pursuit of Defamation," CAJ Media Magazine, Spring 2007 (with Michael Skene). [Cited in "The Canadian Justice System and the Media," Canadian Judicial Council, 2007.]

· Author, "The Three Most Earth-Shatteringly Important Recent Developments in Defamation Law," CLE BC, May 2007 (with Michael Skene).

· Author, "Trend Set Toward Larger Awards for Defamation of Corporations," The Lawyers Weekly, April 2007 (with Michael Skene).

· Author, "Recent Decision on Bank's Liability for Failure Freeze Funds Offers Comfort to Financial Institutions," Credit and Banking Litigation Journal, December 2006.

· Author, "No Hiding Place in Cyberspace: Electronic Discovery from Non-Parties," The Advocate, November 2006 (with Ryan Purita). [Cited in McLachlin & Taylor, British Columbia Practice, 17.]

· Author, "Electronic Remarks may not be as Anonymous as Authors Would Like," The Lawyers Weekly, October 2006.

· Author, "Banks and Mareva Asset-Freezing Orders," National Banking Law Review, September 2006.

· Author, "Internet-Service Providers not Liable for Defamations Posted Through their Services," The Lawyers Weekly, May 2006 (with Karen Bradley).

· Author, "No Hiding Place in Cyberspace: Electronic Discovery from Non-Parties," CLE BC, April 2006.

· Author, "BMP Global Distribution Exposes Financial Institutions to Liability in Defamation and Breach of Privacy," National Banking Law Review, February 2006.

· Author, "Mareva Freezing Orders and Non-Party Financial Institutions: A Practical Guide," Banking and Finance Law Review, February 2006.

· Author, "Awaken the Litigation Within: Tony Robbins Wins a Mixed Victory in the British Columbia Supreme Court," MLRC MediaLawLetter, January 2006.

· Author, "SCC Upholds Open Court Principle on Media Reporting on Proceedings," The Lawyers Weekly, October 2005.

· Author, "Financial Institutions Face Liability If They Fail to Freeze Funds," National Banking Law Review, June 2005.

· Author, "The Bane and the Antidote Must Be Taken Together: a Recent British Columbia Court of Appeal Decision Reassures Publishers and Journalists," Masthead Online News Bulletin, May 2005.

· Author, "Analyzing the Case and Developing the File for a Rule 18A Application," CLE BC, May 2003.

· Author, "Internet Defamation: Liability Transcending Time and Space," Information & Technology Law, May 2002 (with David Wotherspoon.

· Author, "Avoiding Defamation Suits Can Be a Tricky Business," CAJ Media Magazine, Spring 2002.

· Author, "Defamation Actions Determined by Summary Trial," 13 Carswell Practice Cases, 5th ed., 125, March 2002.

· Author, "Defamation" chapter, Annual Review of Law & Practice, CLE BC, March 2002.

· Author, "Property Law Act offers a Solution to Feuding Neighbours," Realtorlink, February 2002 (with Tracey Cohen).

· Contributor, "Mareva Injunction Precedent," Creditors' Remedies: An Annotated Guide, CLE BC, 2001.

· Author, "Recent Developments in the Defamation Defence of Qualified Privilege," The Advocate, September2001.

· Author, "Damages in Corporate Defamation Law, "Commercial Litigation, December 2000.

· Author, "The Death of the Irreparable Injury Rule in Canada," Alberta Law Review, 1998. [Cited by the Supreme Court of British Columbia in P.D. v. British Columbia, 2010 BCSC 290.]

· Author, "A Proposal for a Principled Public Policy Doctrine Post-Tolofson," Windsor Review, Legal & Social Issues, 1998.

· Author, "The Restitutionary Class Action," University of Toronto Faculty of Law Review, 1998. [Cited by the Supreme Court of Canada in Marcotte v. City of Longueuil, 2009 SCC 43.]

· Author, "A Cross-Jurisdictional Study of Legal Aid," Report of the Ontario Legal Aid Review: A Blueprint for Publicly Funded Legal Services, 1997. [Reprinted in part in "Janet Walker, et al.," The Civil Litigation Process, 7th ed., Toronto: Emond Montgomery, 2010.]

· Author, "Interpretation of GAAR: Before and Beyond McNichol and RMM," Queen's Law Journal, 1997.

· Author, "Section 2(b) Obscenity Jurisprudence after Butler," University of Ottawa Law Review, 1997.


· Chair, "Defamation & Law Conference," CLE BC, January 2014.

· Presenter, "Accidental Waiver of Privilege," CLE TV Program BC, June 11 and December 3, 2013.

· Speaker, "Pension Misrepresentation Claims," Federated Press "Pension Law & Litigation" Conference, November 20, 2013.

· Chair, "A Litigator's Arsenal," CLE BC, September 26, 2013.

· Speaker, "Practice Tips for the New BC Litigation Act," Canadian Bar Association (BC) Conference, San Diego, November 2013.

· Co-Chair, "The New BC Limitation Act," Continuing Legal Education Society of British Columbia (CLE BC) Conference, May 2013.

· Speaker, "Pension Misrepresentation Claims," Federated Press "Pension Law & Litigation" Conference, March 5 & 6, 2013.

· Speaker, "Practice Tips for the New BC Litigation Act," Canadian Bar Association (CBA) Real Estate Section, January 2013.

· Speaker, "Trial & Case Management: New Rules & Strategies," CLE BC "Civil Litigation Basics" Conference, November 2012.

· Speaker, "Practice Tips for the New BC Litigation Act," CBA Civil Litigation Section, December 2012.

· Speaker, "Practice Tips for the New BC Limitation Act," CBA, June 19 and August 21, 2012.

· Speaker, "Pension Misrepresentation Claims," Federated Press "Pension Law & Litigation" Conference, March 12 &13, 2012.

· Chair, "New Media Law," Ad IDEM Media Conference, November 2011.

· Presenter, "Business Defamation, Business Torts," CLE BC, October 2011.

· Chair, "A Litigator's Arsenal," CLE BC, September 2011.

· Presenter, "Electronic Discovery from Non-Parties, Electronic Evidence and Electronic Trials," CLE BC, January 2011.

· Presenter, "What Banking & Insolvency Practitioners Need to Know about the New Rules Now," CBA Insolvency Subsection Meeting, June 2010.

· Presenter, "New Expert Rules under the New British Columbia Supreme Court Civil Rules: What You Need to Know Now," BC Expropriation, April 2010.

· Presenter, "Strategic Uses of the New Rules," CLE BC Civil Litigation Boot Camp, January 2010.

· Chair and Presenter, "New Media Law," Ad IDEM Media Law Conference, November 2009.

· Chair, "A Litigator's Arsenal," CLE BC, April 2009.

· Presenter, "Compelling Electronic Document Production from Non-Parties and ISPs, Electronically Stored Information (ESI) & Electronic Discovery," Insight Information Conference, April 2008.

· Presenter, "Mortgage Fraud: Recent Cases, Prevention, and Response," Credit Union Security Seminars entitled "New Approaches to New Threats," April 8 and 16, 2008.

· Presenter, "Practising Under the New Rules," CLE BC Civil Litigation Boot Camp, January 2008.

· Presenter, "Discovery Issues with Electronically Stored Information," CLE BC Electronic Evidence Conference, October 2007.

· Chair and Presenter, "Rules 18A to Z: Strategies and Pitfalls for Summary Trials," CLE BC Conference entitled "A Litigator's Arsenal," June, 2007.

· Presenter, "Recent Developments in Defamation Law, Torts," CLE BC, May 2007.

· Presenter, "Electronic Discovery Utilizing Third Parties, Electronic Records Management and E-Discovery Forum," Insight Conference, April 2007.

· Presenter, "How Courts are Putting E-Discovery into Practice," Infonex Conference entitled "E-Discovery and Electronic Records Management," September 2006.

· Acting Chair and Presenter, "Electronic Evidence and E-Discovery," "Investigations and Computer Forensics," and "Electronic Evidence and E-Discovery," CLE BC, April 2006.

· Presenter, "Avoiding Legal Pitfalls in Media in PR Campaigns," Canadian Franchise Association Effective Media Relations Conference, April 2005.

· Presenter, "Analyzing the Case and Developing the File for a Rule 18A Application, Working with the Rules of Court," CLE BC, May 2003.

· Regularly interviewed and quoted in media stories on legal issues (National Post, 12A, Business in Vancouver, CBC Vancouver Radio CKNW, News 1130).

Rankings & Recognitions

· Selected by peers for inclusion in the 2014 edition of The Best Lawyers in Canada® (Defamation and Media Law).

· Recognized as a "Future Litigation Star" in the 2013 and 2012 editions of Benchmark Litigation - The Definitive Guide to Canada's Leading Litigation Firms and Lawyers (based on peer interviews).

· Received Outstanding Achievement Award from the International Association of Continuing Education for the book British Columbia Business Disputes, edited with L. Herbst and J. MacInnis, 2012.

Professional Involvement

· Professor, Civil Litigation Course, UBC Faculty of Law, 2004-present

· Board Member, Canadian Media Lawyers' Association/ Ad IDEM, professional organization for media and defamation lawyers, 2005-present

· Member, Attorney General of British Columbia's Advisory Group on Reform of Limitation Act, 2010-present

· Member, Advocates' Club, Vancouver, 2004-07

Community Involvement

· Volunteer, Pro Bono British Columbia, 2007-present

· Volunteer, BLG Reads to Kids Program, 2004-10

· Board Member, Endeavour Society for Arts, Science and Health, 2002-06


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Office Information

David A. Crerar

200 Burrard Street
VancouverBC V7X 1T2

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