David McCutcheon LL.B., Partner

David practises as a commercial litigator and ADR specialist, focusing on real estate, corporate/commercial, shareholder rights, mutual fund distribution, environmental law, and construction.

David is recognized nationally and internationally as a leading practitioner in the areas of litigation and arbitration. In particular, David is recognized in Chambers Global: The Guide to the World's Leading Lawyers for Business published by Chambers & Partners, and Experts in Commercial Arbitration, published by Euromoney.

David has achieved an “AV” Peer Review Rating from Martindale-Hubbell, one of the leading authorities on the legal profession. The AV rating demonstrates that a lawyer has reached the height of professional excellence.

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David practises as a commercial litigator and ADR specialist, focusing on real estate, corporate/commercial, shareholder rights, mutual fund distribution, environmental law, and construction.
Representative Work
Acted as counsel in an arbitration relating to the correct calculation of a mining royalty (2010)
Acting as a panel member in an international arbitration involving a substantial sum of money and considerable complexity relating to a dispute concerning a supply and construction contract between a European supplier and Canadian parties and a unique construction project
Acting as a panel member in an international arbitration involving a substantial sum of money involving novel legal issues arising in a dispute arising from a software distribution contract between European and Canadian parties
Acting as sole arbitrator appointed by the Superior Court of Ontario to determine commercial real estate issues and report to the Court with an award
Acting for a major U.K. manufacturer in an international (ICC) arbitration with respect to a products liability claim
Acted as arbitration counsel for a pulp and paper company in a dispute concerning the post-closing cost of installing environmental controls and remediation work totaling more than $55 million
Prior Speaking Engagements
Frequent author and speaker on commercial litigation, environmental law and ADR subjects
Contact Information
Toronto
+1 416 863 4538
david.mccutcheon@fmc-law.com
Year of Call
1976 (Ontario)
Education
Osgoode Hall, LL.B., 1974
University of Waterloo
Languages Spoken
English