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David H. Lauder

Partner

David, a partner since 1998, has focused his practice on civil litigation including products and occupiers' liability claims, property loss, directors' and officers' liability, professional malpractice, and casualty claims. David was certified by the Law Society of Upper Canada as a Specialist in Civil Litigation on September 19, 2008.

The Law Society confers the specialist designation to only a small percentage of Ontario lawyers. The Certified Specialist program recognizes lawyers who have met established standards of experience and knowledge requirements in a designated area of law and maintained an exemplary standard of professional practice.

He acts frequently on behalf of commercial retailers in both property and personal injury cases and sports related injuries. Recent trials and appeal work include the Occupiers' Liability decision in Kerr v. Loblaws, the ODSP deductibility decision in Moss v. Hutchinson, and a product liability claim arising from one of the largest food contamination cases in Canadian history.

Education

Mr. Lauder received an Honours B.A. from the University of Toronto in 1987 and his LL.B. from Queen’s University in 1990. He was admitted to the Ontario Bar in 1992.

Lectures

David is the editor of E-Counsel, Dutton Brock’s quarterly electronic newsletter, and has participated in training seminars and conferences relating to numerous litigation and insurance topics.

“Claims involving Non-protected Defendants” at Ontario Bar Association Motor Vehicle Insurance Program, Presenter, November 2006

Dutton Brock Insurance Group, Presenter, Toronto Insurance Women’s Association and Ontario Risk and Insurance Managers seminars:

  • “Adjuster’s Reports and Waiver of Privilege” February 1999
  • “Valuating Future Wage Loss Claims” February 2000
  • “Competing Auto, Home and CGL Policies” March 2001
  • “Vicarious Liability Reviewed” April 2001
  • “Sexual Assault and the Vicarious Liability of Employers” May 2001
  • “Non-Protected Defendants and Bill 59: What the Comprehensive General Liability Insurer Needs to Know” January 2002
  • “Employer and Social Host Alcohol Liability” February 2002
  • “The Chamber of Automobile Insurance Secrets” March 2003
  • “Similar Fact Evidence” January 2005
  • “Mary Carter and Pierringer Agreements in Canada” January 2006
  • “C.S.I. Toronto – Civil Suit Investigation” January 2007
  • “The Single Grape Theory”, January 2008

 

Publications

“No Duty Owed by Social Host – The Supreme Court Rules in Childs v. Desmoreaux”, Canadian Insurance, Author June 2006, p. 47

“Innkeeper and Social Host Liability, The Risk of Party-giving”, co-author with Brian Brock

David is a member of:

  • The Canadian Bar Association
  • The Toronto Lawyers Association
  • The Advocates’ Society
  • The Medico-Legal Society of Toronto
  • The Defense Research Institute
  • The Canadian Defence Lawyers Association
  • The American Trial Lawyers Association
  • The Medico-Legal Society of Toronto
  • Editor and Chair of the Dutton Brock Trialbook Committee
  • Former Head of Dutton Brock Articling Committee (responsible for drafting Law Society mandated firm Education Plans for students-at-law) for five years (1998-2003)
  • Editor of “E-Counsel” Dutton Brock newsletter

Levshtein v. National Car Rental (2013), ONSC 521, 2013 ONSC 4262

Schurr v. Hutchinson (2012 – catastrophic injury, jury trial)

MacGregor v. National Home Services (2012), ONSC 2067

Moss v. Hutchinson (2007), 85 O.R. (3d) 604; [2007] O.J. No. 2795 (July 16, 2007) (S.C.J)

Kerr v. Loblaws [2007] O.N.C.A. 371

Graham v. Jeon (Court File No: 02-CV-238754CM2, February 2007 jury trial)

J.M. Schneider v. Parmalat, [2005] O.J. No. 2273; 2015 CanLi 20018 (S.C.J.)

Hawkrigg v. Sears Canada (court File No. 000681, April 2004 jury trial)

Gerling Global v. Siskind Cromarty (2002), 59 O.R. (3d) 555 (S.C.J.)

Brooks v. Auto Club Insurance, [2001] O.J. No. 240 (S.C.J.)

Mahon v. Standard Life, [2000] O.J. No. 2042 (S.C.J.)

Monteiro v. Sears Canada (Court File no. 40172/96, May 1999 jury trial)

Glassman v. Honda Canada, [1996] O.J. No. 2771 (Gen. Div.); 29 O.R. (3d) 3593 (Gen. Div.); 33 O.R. (3d) 63 (Div. Ct.)

DeSimone v. Coluccio, [1996] O.J. No. 5472 (Gen. Div.)

Cartigenese v. Castoro, [1995] O.J. No. 142 (Gen. Div.)

Mr. Lauder is married and a father of two girls who love to skate. In his younger days, David was a two-time All-Star with the Kingston Voyageurs in the Metro Junior “A” hockey league and later captained the Queen’s University varsity soccer team while attending law school.

David is co-President of the Unionville Men’s Hockey Club and is the Executive Chairman of Markham Millionaires Hockey (made up of hockey players and not millionaires).

Assistants

Debra Allen

Law Clerks

Vicki Noftall