Paul Davis

Practice Areas

Paul Davis litigates class actions and complex commercial cases. He has appeared at all levels of court in Ontario and in domestic and international arbitrations. In his class actions practice, Paul represents both plaintiffs and defendants in cases involving product liability, consumer agreements, investor claims, franchises, and institutional abuse. He also advises litigation funders and has acted as court-appointed amicus curiae.

Prior to joining the firm, Paul practiced at a national law firm and clerked at the Court of Appeal for Ontario. Paul has been recognized as a Rising Star in Dispute Resolution by The Legal 500 Canada. He is currently a director of the Osgoode Society for Canadian Legal History, and has been an adjunct professor at Osgoode Hall Law School.

Publications

The Challenge of Digital Contracts of Adhesion – The Advocates’ Journal – Spring 2021

Measure Once, Cut Twice – Weyerhaueser Company Ltd. v. Ontario (Attorney General) and the Interpretation of Indemnities, Canadian Business Law Journal, Vol. 62(1) – June 2019

Co-author – Securities Litigation Comes of Age at the Supreme Court of Canada – Supreme Court Law Review – December 2016

Work Highlights

Plaintiff-side class actions:

* Representing a class of registered accountholders against investment brokerages and a trust company alleging breach of trust and

breach of fiduciary duty in connection with foreign exchange fees

* Representing a class of pharmacist franchisees against their franchisor alleging breach of contract, breach of duties of good faith, and

unjust enrichment in connection with payments from pharmaceutical companies and franchisor fees and practices

* Represented a class of investors in a private placement against the auditor of an offshore company

* Representing a class of consumers against an online payments company alleging breach of contract and breach of consumer protection

legislation in connection with foreign exchange transactions

Defence-side class actions:

* Representing a public institution in defence of a proposed class action arising out of the COVID-19 pandemic

* Representing a private company in defence of a proposed product liability class action

* Represented the former CEO of a public company in defence of a proposed securities class action

* Represented a law firm in defence of a class action by former clients relating to billing practices

* Represented an automotive parts manufacturer in defence of a product liability class action

* Represented a public company in defence of a copyright infringement class action

* Represented a medical device manufacturer in defence of a product liability class action

Other class action engagements:

* Provided opinions to litigation funders regarding potential investments in class actions

* Acting as court-appointed amicus curiae on a settlement and class counsel fee approval motion

* Providing independent legal advice to proposed representative plaintiffs regarding litigation funding agreements

Awards