David Ward* is a partner in the firm's Restructuring and Insolvency Group, and Commercial Litigation Groups. David has a litigation emphasis to his insolvency practice, with a particular focus on creditors' rights and remedies in reorganizations and liquidations under Canada's major insolvency and corporate statutes. Building on his extensive commercial litigation background, David has a significant experience advising a wide range of lenders and creditors on all aspects of commercial reorganizations in Canada.
David’s practice on the Ontario Superior Court of Justice’s Commercial List is a significant component of his practice. Apart from insolvency matters, his particular expertise includes complex and time sensitive commercial disputes and other matters calling for quick court intervention, grants of interim and interlocutory relief, and ongoing case management.
A Member of the International Insolvency Institute, David acted as counsel in the cross-border reorganization that involved the first application between Canada and the United States of the Committee J Cross-Border Insolvency Concordat, an initiative of the Insolvency and Creditors' Rights Committee of the International Bar Association. Over the years, he has been involved in numerous domestic and cross-border insolvencies where he has advised a wide range of stakeholders including secured creditors, debtors, and court-appointed insolvency representatives. David's creditors' remedies practice encompasses a broad range of specialties including real estate fraud, solicitor's and appraiser's negligence claims, shareholders disputes, investor fraud and injunctions.
David authors the Canada Chapter of Restructuring & Insolvency – an annual publication from Law Business Research Ltd. published by Getting the Deal Through. He is also a member of the editorial board of Global Restructuring Review, a daily Law Business Research Ltd. publication. David co-authored the Partnership Bankruptcy Chapter of Partnership Law in Canada, as well as the Cassels Brock reference manual ‘Portable Insolvency Legislation in Canada’. In addition, David co-authored the insolvency chapter for the firm’s Doing Business in Canada: A Practical Guide publication. He has also authored numerous shorter articles and conference papers for industry-specific groups on a range of creditors' rights and bankruptcy reform issues of current interest and is a regular presenter for the firm’s Corporate Counsel seminar series.
David was invited to testify to the Senate Banking Trade and Commerce Committee in Ottawa on the reform of Canada's insolvency legislation, being one of the few outside experts invited to do so.
In the area of construction law, David has experience representing court-appointed insolvency representatives in a wide variety of priority disputes, claims litigation matters, and contractor-court officer protocols. Recent engagements included court officer representations in the Triwest Construction Inc. and Kappeler Masonry Corporation proceedings. David has spoken and written extensively on recent legal developments in respect of the treatment of Construction Lien Act deemed trust claims in insolvency.
David is an Adjunct Professor at the University of Toronto, teaching the International Insolvency Law segment of the University of Toronto’s Global Professional Master of Laws Program.
*denotes Professional Corporation