Davies

David Stolow

David Stolow is a partner in the Litigation practice. He practises corporate/commercial litigation and has represented clients in a wide range of areas, including class action defence, shareholders' disputes, defamation, injunctions, construction and real estate disputes, employment, and restructuring and insolvency. He has appeared before the Supreme Court of Canada, the Federal Court of Appeal, and all levels of court in Québec. David has been involved in a number of precedent setting cases before the Supreme Court of Canada in the areas of group defamation class actions, publication bans against the media and the boundaries between civil law and religion.

David has extensive arbitration experience, including in international arbitrations and domestic arbitrations in Québec and Ontario. He has also served as an arbitrator of commercial disputes.

In 1998-1999, David articled with Justice Nicole Morneau of the Québec Superior Court.  David is a Past-President of the Lord Reading Law Society.

Representative Work

  • Acting for Rogers Communication Inc. and Fido Solutions Inc. before the Québec Superior Court in their defence of a proposed class action with respect to fees for picture and video messaging from Canada to the U.S.

  • Acting for Rogers Communications Inc. before the Québec Superior Court in its defence of a proposed class action related to early cancellation fees.

  • Acted successfully for Metromedia CMR Broadcasting Inc. before the Québec Court of Appeal and the Supreme Court of Canada in the case of Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al. v., a defamation class action brought by a group of taxi drivers in Montréal. The Supreme Court of Canada dismissed the appeal and upheld the decision of the Québec Court of Appeal dismissing the action.

  • Acted successfully for Corus Entertainment Inc. before the Federal Court of Appeal in connection with a third party's challenge of a CRTC decision approving the sale of certain Québec radio stations from Corus to Cogeco Inc.

  • Acted for the Canadian Coalition for Good Governance, a collection of Canada's leading institutional investors, in a reference to the Supreme Court of Canada concerning the constitutional validity of proposed legislation creating a National Securities Regulator in Canada.

  • Acting for Ernst & Young Inc., a Court-appointed Monitor, in connection with the restructuring of Quebecor World Inc. and 53 of its subsidiaries in excess of US$2.8 billion of liabilities and emerged from protection under the Companies' Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code pursuant to Plans of Reorganization approved by creditors and courts in both countries.

  • Acted successfully for Pharmascience Inc. and secured the dismissal of a $3.9-billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system.

  • Acted successfully for The Globe and Mail in its appeal to the Supreme Court of Canada involving the boundaries of freedom of expression and more particularly, the extent of the protection of confidentiality of journalistic sources and the availability of publication bans to protect confidential communications.

  • Acted successfully for the plaintiff Stephanie Bruker pro bono before the Supreme Court of Canada in the landmark case of Bruker v. Marcovitz where damages were awarded for the failure to respect a contractual promise to provide a Jewish divorce.

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Recognition

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  • Named one of the 2011 Lexpert® Rising Stars: Leading Lawyers Under 40.
  • Recognized inThe Best Lawyers in Canada  as a leading lawyer in the areas of Alternative Dispute Resolution, Corporate & Commercial Litigation and Appellate Law.

Professional Affiliations

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Young Canadian Arbitration Practitioners (YCAP)

Board Memberships

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  • Past President, Lord Reading Law Society

Community Involvement

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  • Moot Court Judge, McGill University Faculty of Law
  • Student Tribunals, Concordia University

Teaching Engagements

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Speaking Engagements

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David has lectured on class actions in Québec and in France. He has given seminars to clients concerning arbitration issues, including drafting arbitration clauses. David's most recent presentations include:

  • "Les droits des acheteurs indirects en matière de recours collectif pour fixation de prix : "transférons" la question à la Cour suprême", presented at the 2012 Barreau du Québec conference titled, Recours collectif : Développements récents au Québec, au Canada et aux États-Unis (2012)
  • "L'arbitrage : questions d'importance pour les conseillers juridiques d'entreprises"/"Arbitration: Critical Topics for In House Counsel", presented at the Académie Davies/Davies Academy (2010) and to various clients (2011)

Articles and Publications

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David is the author of "Defending class actions in Québec: The right to an “undoubtedly, real, vigorous and unconstrained” contestation?" (Corporate Liability, July 2006). He has authored numerous articles issued by the firm in the area of class actions.

David Stolow
David Stolow
Partner
Office:
Montréal
Tel:
514.841.6567
Email:
dstolow@dwpv.com
Bar Admissions:

Québec, 2001

Education:

Osgoode Hall Law School, LL.B., 2001

Université de Montréal, LL.B. (Dean’s List), 1999

McGill University, B.A. (with Great Distinction and Dean’s List), 1994