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David Rosenbaum Toronto Lawyer

David C. Rosenbaum

Partner | Litigation and Dispute Resolution Fasken
Jurisdiction Ontario, 1985
Language(s) English
Office(s) Toronto
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Overview

David Rosenbaum practices in the areas of civil litigation and health law. He has assisted clients in all types of commercial litigation, as well as estate litigation and insurance litigation and he provides advice on health regulatory matters. David represents clients in commercial disputes, including large commercial fraud cases. His extensive experience dealing with complex legal and factual issues includes acting in several large cases involving disputes arising from commercial lease financing.

In the insurance litigation area, David has experience acting for insureds in coverage disputes and brokers in defence of E&O claims. Often involved in the drafting of insurance policies for insurer clients, David is frequently called upon to advise clients on coverage issues. He has also provided valuable evidence on the law of Ontario in coverage disputes.

In the estate litigation area, David has acted for both beneficiaries and estate trustees with disputes regarding wills, inheritances and trusts, including will disputes, contested passings of accounts, dependant relief claims, trustee removal applications and breach of trust actions.

David also has experience in the area of health law, where he regularly advises clients on questions relating to the regulation of health care professionals and institutions such as hospitals and medical laboratories. He serves as independent counsel to the Discipline and Fitness to Practise Committees of a major health profession regulator.  He has also acted as College counsel in unauthorized practice proceedings and in  professional disciplinary matters and judicial reviews. He provides regulatory advice to health regulatory Colleges and has drafted regulations for them.

With his extensive knowledge of the regulation of the health care system in Canada, David is sought out for advice on compliance with statutes such as the Canada Health Act, the Health Insurance Act, the Laboratory and Specimen Collection Centre Licensing Act,  and the Commitment to the Future of Medicare Act, as well as advice on regulatory matters in the health field.

Achievements

Client Work

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Advised Ontario College of Pharmacists on new regulations under the Drug and Pharmacies Regulation Act, [Deal - Ontario College of Pharmacists]
  • Intact Insurance Company et al. v. Assessment Direct Inc. et al., 2016 ONSC 1485, [Case - Confidential Clients]
  • Jetport v. Jones Brown Inc., 2013 ONSC 2740, [Case - Jones Brown Inc. and Grant Robinson]
  • Jetport v. Global Aerospace, 2013 ONSC 1898, [Case - Jones Brown Inc. and Grant Robinson]
  • Royal & Sun Alliance Insurance Co. of Canada v. Fiberglas Canada Inc., [1999] O.J. No. 1275 (Gen. Div.), [Case - Fiberglas Canada Inc.]
  • Independent Legal Counsel to the College of Physicians and Surgeons of Ontario, [Case - College of Physicians and Surgeons of Ontario]
  • Royal Bank of Canada v. Société Générale (Canada) (2005) 13 B.L.R. (4th) 130 (S.C.J.), [Case - CitiCapital Limited]

Career & Education

Education

  • LLB University of Toronto
  • BA (Honours), History University of Toronto

Community involvement

  • Board Member, Jerusalem Foundation of Canada
  • Past President, Hillel of Greater Toronto (agency of UJA Federation - Toronto)
  • Former member of the boards of directors of The Canadian Stage Company and St. Lawrence Centre for the Arts

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, The Advocates' Society
  • Member, Federation of Defense & Corporate Counsel
  • Vice Chair, Insurance Coverage Litigation Committee of the American Bar Association, Torts Trial and Insurance Practice Section

Knowledge

Events

News

Publications

  • Case Comment: Moore v. Sweet, 2017 ONCA 182, 5/1/2017
  • Insurance Policy Construction in Canada, 12/31/2016
  • Getting the Deal Through: Healthcare Enforcement & Litigation 2016 (Canada), 11/2/2015
Case Comment: Moore v. Sweet, 2017 ONCA 182 “STEP Inside” Newsletter of the Society of Estate and Trust Practitioners
Book Insurance Policy Construction in Canada Chapter in “Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions, American Bar Association
Getting the Deal Through: Healthcare Enforcement & Litigation 2016 (Canada)

Speaking Engagements

  • Role of Tribunal Counsel, 11/1/2018
  • A Litigator's Perspective on Evidentiary Issues, 10/15/2018
  • Insurance: Construction and Real Property, 2/25/2018
Speaker Role of Tribunal Counsel Society of Ontario Adjudicators and Regulators (SOAR)
Speaker A Litigator's Perspective on Evidentiary Issues Workplace Safety and Insurance Appeals Tribunal (WSIAT) Professional Development Day
Speaker Insurance: Construction and Real Property Department of Justice (Canada)

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