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Overview
David Conklin is a partner at Goodmans. He is a commercial litigator with a practice emphasis on disputes arising from mergers and acquisitions, shareholder disputes and activist initiatives, claims for relief from oppression and civil liability for misrepresentations made in offerings and secondary markets.
He regularly leads internal investigations and represents issuers, directors and officers before securities regulators. David advises boards and management teams on managing litigation risks. Before joining Goodmans in 2007, David was a partner at a leading Toronto litigation boutique. David received his LL.M from Columbia University in New York City focusing on capital markets, corporate finance and governance issues. In 2006 he passed the New York Bar and began practicing with one of the most prominent securities and class action firms in the United States.
David has taught a variety of legal and business courses. Until 2005 he taught trial advocacy programs at the University of Toronto Faculty of Law and also with The Advocates' Society. Since 2007, David has taught courses on corporate governance and merger and acquisitions in the Schulich School of Business MBA program and the University of Toronto’s GPLLM.
Expertise
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Appellate Advocacy
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Class Actions
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Corporate and Commercial Litigation
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Corporate Governance and Stakeholder Litigation
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Estates and Trusts Litigation
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Insolvency Litigation
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Litigation and Dispute Resolution
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Mergers and Acquisitions
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Professional Liability
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Employment, Pensions and Executive Compensation
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Regulatory, Administrative and Public Law
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Securities Litigation
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Shareholder Activism
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White Collar Defence and Investigations
Featured Work
David's representative work includes acting for:
- Fischer v. IG Investment Management Ltd. (2022), Represented CI at trial in a class action focussing on allegations mutual fund managers failed to prevent market timing trading that raised the funds in January to June, 2022. The decision finding liability was released in February 2023. A damages trial is now being schedule to be followed by appeals
- Green v. Canadian Imperial Bank of Commerce (2022), secondary market liability class action settled shortly before the trial was to commence in October, 2021. This action was the first class action decision to consider the leave standard on the merits of the allegations. That decision was appealed to the Court of Appeal and the Supreme Court of Canada where both the leave standard and applicable limitation period were considered
- Brad Lundell v. Northland Resources S.A. (2022), et al, secondary market liability class action involving trading on the Oslo Bors and TSX exchanges. Settled and approved in January 2023
- Gebre LLC v. The Kyrgyz Republic et al., 2022 ONSC 4137, Represented a former director in a dispute with Centerra Gold concerning the directors involvement with the Kyrgyzstan government’s decision to take over management of a gold mine that is Centerra’s principal asset. An appeal of the decision in February is pending a settlement of the broader dispute between Kyrgyzstan and Centerra Gold
- In the Matter of Coinsquare LTD (2020), Represented Coinsquare and general management in the investigation and enforcement proceeding concerning allegations of violating securities laws
- Polar Multi-Strategy Master Fund v. The Stars Group Inc. (2019), claims based on terms of the convertible debentures settled after arguments in the Court of Appeal
- Counsel to Paulson & Co., proxy contest and civil claims by Detour focusing on allegations of insider trading and tipping under the CBCA (2018)
- Counsel to two directors of Maricann for the OSC review of their trading (2018)
- Auer and Ramzy v. Poseidon (2018), acted for Peyto in defending secondary market liability class action claims settled and dismissed in Poseidon’s CCAA proceeding
- Re Perpetual Energy Inc. (2016), Represented Polar Securities in challenging a rights offering intended to defeat the interests of convertible debentureholders before the Alberta Securities Commission. The decision dismissing the claims led to a general change of terms for convertible debentures
- Coffin v. Atlantic Power Corp. (2015), class action focussing on allegations of secondary market liability arising from the Board’s decision to reduce dividends. Leave and certification of the secondary market liability claims were denied and the action was dismissed
- Cytrynbaum v. Look Communications Inc (2013), denial of advancement of costs for defending Look’s claims former officers and directors breached their fiduciary duties upheld in the Court of Appeal. The action established the circumstances in which a company may not be obligated to advance defence costs to directors and officers
- Gould v. Western Coal Corp (2012), first dismissal of leave and certification of secondary market liability class action claims on the merits at the leave stage
Awards & Recognition
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Chambers Canada Recognized, Litigation: General Commercial Ontario 2024
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Benchmark Canada Litigation Star 2024
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The Canadian Legal Lexpert Directory Recognized, Class Actions, Litigation - Corporate Commercial, Litigation - Securities 2024
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Best Lawyers in Canada Recognized, Class Action Litigation, Corporate and Commercial Litigation, Securities Law, Corporate Governance Practice 2024
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Best Lawyers in Canada Recognized, Class Action Litigation, Corporate and Commercial Litigation, Securities Law 2024
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Who's Who Legal Recognized National Leader, Commercial Litigation 2023
Credentials
Credentials
- Columbia University School of Law, LL.M., 2007
- University of Toronto, LL.B., 1991
Professional Affiliations
- The Advocates' Society
- American Bar Association
- Ontario Bar Association
Call to Bar
- 2007 New York
- 1993 Ontario
Insights
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Capital Markets
Canadian Securities Administrators Announce Guidance on Trading of Value-Referenced Crypto Assets for Crypto Trading Platforms
On October 5, 2023, the Canadian Securities Administrators (CSA) published Staff Notice 21-333 – Crypto Asset Trading Platforms: Terms and Conditions for Trading Value-Referenced Crypto Assets with… -
Technology
Canadian Securities Administrators Announce Enhanced Pre-Registration Undertaking Requirements for Crypto Trading Platforms
Further to its December 12, 2022 announcement, the Canadian Securities Administrators (CSA) published Staff Notice 21-332 – Crypto Asset Trading Platforms: Pre-Registration Undertakings (“SN… -
Capital Markets
Ontario Superior Court Rules that Underwriters Are Not "Experts" Attracting Statutory Secondary Market Liability
Underwriters should not be considered “experts” under the statutory secondary market liability regime. In LBP Holdings v. Allied Nevada Gold Corp., Justice Belobaba of the Ontario Superior Court of… -
Capital Markets
Perpetual Energy Decision May Deter Issuers from Pursuing Dilutive Rights Offerings in Tandem with Convertible Debenture Share Repayments
The Alberta Securities Commission (ASC) recently released its reasons in an application between Perpetual Energy Inc. (“Perpetual”) and a group of Perpetual’s convertible debentureholders (the… -
Capital Markets
Ontario Court of Appeal Clarifies Scope of “Promoter” Definition
The Ontario Court of Appeal decision in Goldsmith v. National Bank of Canada,1 provides important guidance on the meaning of the term “promoter,” a significant characterization, as under…
News & Events
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100+ Goodmans lawyers recognized in The Best Lawyers in Canada: 2025 Edition
We are delighted to share Goodmans has once again been recognized in the 2025 edition of The Best Lawyers in Canada with 105 lawyers featured across 43 practice areas.Congratulations to Andrew Brodkin… -
Litigation and Dispute Resolution
Goodmans Recognized in the 2024 edition of Benchmark Litigation Canada
We are proud to announce that we have once again been recognized in the 2024 edition of Benchmark Litigation Canada.16 Goodmans lawyers have been recognized as being the country’s most… -
Banking and Financial Services
The Canadian Legal Lexpert Directory 2024 Continues to Recognize Goodmans
We are proud to announce Goodmans LLP has once again been recognized in the 2024 edition of The Canadian Legal Lexpert Directory.91 Goodmans lawyers have been recognized as top-tier in their…