- Defamation and Media Law
- Banking Litigation and Arbitration
- Corporate Commercial Litigation and Arbitration
- Pension and Benefits
- Senior Living and Housing
- Intellectual Property Litigation
|Contact Info||Telephone: 604.640.4181|
|University ||University of Toronto, Trinity College, B.A., Hons., 1991|
|Law School||University of Toronto, LL.B., 1997|
|Admitted||1998, British Columbia|
•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, 2012-present
•Member, Attorney General of British Columbia's Advisory Group on Reform of Limitation Act, 2010-present
•Member, Advocates' Club, Vancouver, 2004-07
•Secretary-Treasurer (2015 - ) and Board Member (2012-), Canadian Media Lawyers' Association/ Ad IDEM, largest national professional organization for media and defamation lawyers dedicated to freedom of expression
•Board Member, Vancouver International Marathon Society, 2014-present
•Volunteer, Pro Bono British Columbia, 2007-present
•Assisted BC Civil Liberties Association, and various individuals and organizations in pro bono matters
•Volunteer, BLG Reads to Kids Programme, 2004-2010
•Board Member, Endeavour Society for Arts, Science and Health, 2002-2006
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.
David is named, based on peer reviews, in The Best Lawyers in Canada, 2015 (corporate and commercial litigation, media and defamation law), and as a Litigation Star (British Columbia) in Benchmark Litigation - The Definitive Guide to Canada's Leading Litigation Firms and Lawyers, 2015. He has a AV 4.5/5 “Preeminent” rating (commercial law; litigation; libel, slander and defamation) in the 2014 Martindale-Hubbell Peer Review Ratings .
Rankings & Recognitions
•Recognized as a Local Litigation Star (Commercial Litigation; Media and Entertainment; Defamation) (2015 and 2014) and a Future Litigation Star (2013 and 2012): Benchmark Litigation - The Definitive Guide to Canada's Leading Litigation Firms and Lawyers (based on peer interviews).
•Selected by peers for inclusion in the 2016 edition of The Best Lawyers in Canada (Commercial Litigation, Defamation and Media Law) (listed since 2014).
•AV 4.5/5 “Preeminent” rating (commercial law; litigation; libel, slander and defamation) in the 2014 Martindale-Hubbell Peer Review Ratings .
•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.
|Reported Cases||Representative Work: Successfully defended this important case for PPSA law, banking transactions, knowing assistance, and equitable claims and defences, arising from an alleged fraudulent scheme at Western Canada's formerly largest car dealership: CFI Trust (Trustee of) v. Royal Bank of Canada (2013) BCSC 1715.; 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).; Successfully applied to strike defences and enter judgment against four defendants for future to comply with court orders, thereby avoiding cost of trial, in this complex fraud claim: Morbank Financial Inc. v. 0476779 B.C. Ltd., 2013 BCSC 2008; 2014 BCCA 147 .; 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 concerning complex mining disputes.; Counsel in various actions involving joint ventures in real estate developments.; Regularly advises plaintiffs and defendants on defamation issues.; Successfully obtained and have had set aside Mareva freezing orders.; Frequent successful intervention to have defamatory internet postings removed; Regularly represents and advises media organizations in applications for access to court exhibits and other freedom of press issues.; Counsel in several disputes concerning film and other entertainment law.; 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.|
Documents by this lawyer on Martindale.com
Supreme Court of Canada Decision Cautions
David A. Crerar,D. Ross McGowan, April 24, 2015
Carey v. Laiken 2015 SCC 17 a recent Supreme Court of Canada decision, found a lawyer in contempt of court for returning funds to his client that were subject to a Mareva freezing injunction. This decision serves as a caution to banks, brokerage houses, and other third-party persons and...
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