David D. Conklin

David D. Conklin

Partner at Goodmans LLP
(416) 597-5164
(416) 979-1234
333 Bay St, Suite 3400, Bay Adelaide Ctr, W Twr, Toronto, ON
Year called to bar: 1993 (ON)
Partner. A commercial litigator with a practice emphasis on class actions, secondary market liability shareholder disputes, activist initiatives and claims for relief from oppression. Regularly leads internal investigations and represents issuers, directors and officers before securities regulators. Advises boards and management teams on managing litigation risks. Recognized as a leading litigator by Chambers, The Best Lawyers in Canada, The Canadian Legal Lexpert Directory, Lexpert Special Edition – Litigation, and Benchmark Canada. Memberships – The Advocates' Society; American Bar Association; Ontario Bar Association David has taught a variety of legal and business courses. For a number of years he taught trial advocacy 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. He is currently teaching Comparative Corporate Governance in University of Toronto’s GPLLM.
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High bar for class actions
Certification becoming more difficult to clear in class actions as judges take a hard look at claims
On November 30, 2018, Essar Steel Algoma Inc. (“ESAI”) concluded its comprehensive restructuring under the Companies’ Creditors Arrangement Act by way of the sale of substantially all of its assets to Algoma Steel Inc. (“ASI”).
On December 14, 2016, Tervita Corporation (“Tervita”), a leading environmental solutions provider, implemented its court-approved plan of arrangement under the Canada Business Corporations Act (the “Plan”).
On December 6, 2016, Alberta Oilsands Inc. (“AOS”) acquired all of the issued and outstanding common shares of Marquee Energy Ltd. (“Old Marquee”) pursuant to a statutory plan of arrangement under the Alberta Business Corporations Act (“ABCA”) involving AOS, Old Marquee and the holders of common shares of Old Marquee (the “Arrangement”) in accordance with the terms and subject to the conditions of an arrangement agreement dated August 19, 2016, as amended October 11, 2016 (as amended, the “Arrangement Agreement”).