David R. Elliott | Fraser Milner Casgrain LLP

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David R. Elliott LL.B., M.A., B.A., Partner

David is a Partner of the Litigation Group in the Ottawa office. David’s practice is focused on business litigation disputes typically involving commercial matters pertaining to contractual interpretation and performance, transactions and ownership disputes. His practice has involved appearances before all levels of the Ontario Superior Court of Justice and the Federal Court of Canada. In addition to appearing as lead trial and appellate counsel on numerous matters, David has acted as counsel on a number of commercial arbitrations. He has acted for commercial and financial institutions in actions involving allegations of fraud. He regularly deals with the enforcement of judgments and develops strategies to identify and recover assets.

David is Chair of the Student Committee for the Ottawa office.

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David is an experienced trial and appellate advocate. He has appeared before the Ontario civil courts on motions, applications, and trials and on appeals. In addition, David has appeared before the Federal Court of Canada, and has commercial arbitration experience at both the hearing and appellate levels.

David has an active commercial arbitration practice. He has acted as counsel on domestic and international commercial arbitrations representing local companies as well as companies based in the United States. In addition to practicing in this area, David has participated as a presenter, panelist and moderator in conferences and seminars focused on arbitration and mediation issues.

David’s commercial litigation practice includes representing private sector clients on public procurement issues. David has brought complaints on behalf of these clients to the Canadian International Trade Tribunal, and the Federal Court of Canada. David has also provided advice with respect to municipal level procurement decisions.

David has represented financial institutions, telecommunication companies, industry associations, retail, consulting, and manufacturing companies, and a variety of hi-tech companies in disputes involving contractual interpretation, commercial torts and fiduciary claims, franchise disputes, and employment related litigation such as wrongful dismissal actions and actions involving the alleged use of trade secrets and confidential information.

Representative Work

Counsel to a leading integrated real estate lender and investment management company involving the enforcement of guarantees and asset recovery issues

Acting on multiple files involving allegations of mortgage fraud

Counsel to the Listeriosis Investigative Review involving over 100 interviews and meetings and the receipt of over 5 million pages of information on the August 2008 Listeriosis outbreak

Counsel to several banks and financial institutions on matters involving contractual interpretation, mortgage/loan transactions and the enforcement of guarantees

Counsel to corporate franchisors involved with lease and other contractual disputes, and advising on the duty of good faith and fair dealing

Teaching Roles

Coach, University of Ottawa Corporate Securities Moot Team (2004-2007)

Participant, Annual FMC Negotiation Competition as a Judge (2007, 2009)

Head of the Student Committee, Mentor and Articling Principal to the summer and articling students in the Ottawa office

Prior Speaking Engagements

Panelist, ADR Institute of Canada Annual Conference - Full Spectrum ADR: From Local Workplace to International Marketplace – “Leading Lawyers and Financial Expert On: Improving Efficiency in Arbitration”, Ottawa, October 2009

Participant, ICC Arbitration Workshop, Montreal, May 2008

Moderator, "Arbitrator's Guide to the Conduct of an Arbitration", presented by the ADR Institute of Ontario, April 2008

Presenter, "Fast Tracking Arbitrations Without Sacrificing Fairness", American Corporate Counsel Association - Houston Chapter, September 2007

Coordinator of the Advocate Society’s Speaking Series on the topic of Jury Trial practice, February 2005