David S. Wilson has been involved in a diverse range of commercial and insurance litigation with over 30 years of experience. He is a member of the firm's Insurance Litigation, and Architectural/ Construction/ Engineering (ACES) practice groups.
The insurance side of his practice includes extensive involvement in a wide range of professional liability claims (engineers, architects, financial advisors, mortgage brokers, insurance agents and real estate agents among others), directors and officers liability claims, trade credit and fidelity claims. David is also extensively involved in coverage work in these areas.
David has also handled a wide range of product liability cases, including for example ladders, steel girders and food products, and a diverse variety of CGL defence work. David is currently leading a group of plaintiffs on a large cold storage warehouse fire loss.
"The most satisfying or intriguing part of my practice is having an opportunity to interact with top-notch opposing counsel and through the increasing use of mediation, bringing legitimate disputes to an early and cost-effective resolution," he says.
Environmental Litigation Experience
David has also handled a wide range of environmental claims. David has represented property owners seeking remediation and/or damages arising out of contamination claims. One of David's first major trial results related to a steel plant which emitted noise and vibration at levels which exceeded the Ministry of Environmental Model Municipal Control By-Law Guidelines [see 340909 Ontario Ltd. v. Huron Steel reported at (1990), 73 O.R. (2nd) 641; affd by OCA at (1992), 9 O.R. (3rd) 305].
David has also defended a wide variety of claims involving, for example, an oil spill from a pipeline rupture, a sulphuric acid spill resulting from a train derailment and a number of claims based on soil or groundwater contamination. In so doing, David has represented owners, tenants and engineering/environmental consultants.
David is currently handling a number of environmental contamination claims in that regard.
Reinsurance Experience
David has handled a variety of significant reinsurance disputes over the years.
He represented the Superintendent of Insurance, Canada (as he then was) in the 1980's on several major reinsurance disputes.
Later in the 1980's, he acted for the Superintendent of Insurance as liquidator of Northumberland General Insurance Company on a number of reinsurance issues. Northumberland had a very extensive network of reinsurance treaties and a number of litigious issues emerged. A group of reinsurers raised misrepresentation and non-disclosure issues which had to be addressed. As well, the lead reinsurer on several of the excess of loss of layers, denied liability for a number of specific claims on the basis of one of the treaty exclusions.
He has also been consulted on various occasions with respect to a variety of interpretation of reinsurance agreements or administration issues relating to reinsurance over the years.
Memberships
ˇ Member, Law Society of Upper Canada
ˇ Member, Canadian Bar Association (Ontario)
ˇ Member, The Advocates' Society
ˇ Member, Metro Toronto Lawyers Association
ˇ Member, American Bar Association, Fidelity Sub-section
ˇ Member, County of York Law Association