Gadsden

David Gadsden

Partner
Baker & McKenzie LLP

Biography

David Gadsden represents global clients in complex commercial disputes. He is the Chair of Baker McKenzie's Canadian Class Actions Group and is known for his sound advice on commercial class actions, competition and antitrust matters, arbitration, fraud cases and product liability matters.

Clients value David's pragmatic and determined approach to disputes and have described him as "absolutely terrific at bringing across the finish line the most complex and multidimensional issues". 

David has been recognized by Benchmark Litigation, Legal 500, Best Lawyers Canada, and Lexpert’s annual Guide to the Leading US/Canada Cross-border Litigation Lawyers. He has previously been recognized by Lexpert as a Rising Star.

Practice Focus

As Chair of Baker McKenzie's Canadian Class Actions Group, David draws on his extensive class action experience, having acted as counsel for defendants and plaintiffs in numerous national and global class action lawsuits involving allegations of anti-competitive conduct, professional service negligence, product liability and securities fraud.

David's practice also comprises international and domestic business disputes of all manner, including competition and antitrust litigation, commercial arbitration, business tort and trade secrets claims and product liability matters. David also has deep experience in fraud and financial crime matters. He is trusted counsel on multijurisdictional fraud investigations, including related civil disputes and regulatory proceedings.

David has appeared as counsel at all levels of court in Ontario and in international and domestic arbitrations. He has completed the Osgoode Intensive Trial Advocacy Program, as well as the Intensive Advocacy Training Program conducted by the National Institute of Trial Advocacy. David has also lectured in the Osgoode Hall Graduate (LL.M.) Programme.

Representative Legal Matters

  • The Trustees of the Labourers' Pension Fund of Central and Eastern Canada et al. v. Sino-Forest Corporation et al. - counsel for consultant to main defendant in class action involving alleged securities fraud and negligence (a CAD9.2 billion claim) and in simultaneous Ontario Securities Commission and RCMP investigations / proceedings.
  • Okaya Electric Industries Co. Ltd. et al. ats Sean Allott - Counsel to defendant in multijurisdictional proceedings alleging price-fixing in the film capacitors industry
  • KYB Americas Corporation et al. ats. Sheridan Chevrolet Cadillac Ltd. et al. - Counsel to defendant in CAD 105 million claim concerning alleged price-fixing and anti-competitive conduct in relation to the sale of shock absorbers used in automobiles, motorcycles and other light-duty vehicles
  • Counsel for a US-based railway in an arbitration with a competitor concerning operational rights and revenues from tracks between the US border and parts of Canada
  • Fédération des caisses Desjardins du Québec et al. ats. Bancroft-Snell - Counsel for credit card issuer and acquirer in CAD 5 billion claim alleging anti-competitive conduct and conspiracy
  • Baldwin Filters, Inc. et al. ats. Urlin Rent a Car Ltd. - Counsel to defendant in CAD 165 million claim concerning alleged conspiracy to fix the price of automotive filters
  • Canadian Royalties Inc. et al. ats. Czamanske - Counsel for primary defendant securities issuer in CAD 520 million securities class action
  • Waldock et al. v. Greyhawk Equity Partners Ltd. et al. - act for investor in fraudulent Ponzi scheme dispute concerning distribution of comingled investment proceeds and clawback of improper fund redemptions.
  • Attis v. Ontario, [2011] O.J. No. 6222 (C.A.) - successfully appealed decision holding class counsel personally liable for costs awarded against representative plaintiff clients.
  • Represented defendant in class action involving alleged price-fixing in the cathode ray tube industry (court-approved settlement negotiated resulting in dismissal of all claims against client).

Professional Associations and Memberships

  • Ontario Bar Association - Class Actions Law Section, Member
  • The Advocates' Society - Member
  • Law Society of Ontario - Member

Admissions

  • Ontario~Canada (2005)

Education

  • University of Western Ontario (LL.B.) (2004)
  • Wilfrid Laurier University (Bachelor of Business Administration, Honours) (1995)

Languages

  • English