David  Stamp

David Stamp, Partner, Litigation

Contact Information

  • tel: 416.862.6422
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Bar Admission

Ontario, 1992

Education

  • University of Toronto, LL.B.
  • University of Western Ontario, B.A.

Office

Toronto

Language(s)

English

Biography

David is recognized as an expert litigator specializing in pension and benefits litigation and employment litigation, as well as general commercial litigation. He represents major pension funds and corporations in various pensions litigation matters, and has acted for the successful party in a number of well known pension and benefits cases at various levels of court including the Ontario Court of Appeal and the Federal Court of Appeal. This practice also includes a substantial administrative law component, both advising and appearing before statutory tribunals. David is a frequent presenter on pension class action and other pension litigation issues. He also has extensive experience acting for employers defending wrongful dismissal and other employment-related litigation, and many years of corporate and commercial litigation experience.

Notable Matters

  • General Motors of Canada Limited in General Motors of Canada Limited v. Abrams [2011], a class action concerning changes to post-retirement health care benefits and the creation of a health care trust. Also represented General Motors in a court application that obtained approval for a plan to distribute surplus funds under a group life insurance program [2009].
  • Towers Watson (formerly Watson Wyatt) in a court application which permitted rectification of pension plan language for the first reported time in Canada: Kraft Canada Inc. v. Pitsadiotis [2009].  Also representing Towers Watson in its defence of professional negligence claims in Morneau Shepell Ltd. v. Towers Watson [2013].
  • Ontario Teachers’ Pension Plan before the Ontario Superior Court of Justice and the Court of Appeal for Ontario in Medland v. Ontario Teachers’ Pension Plan [2011], and various other court and regulatory proceedings.
  • Marine Atlantic Inc. in a successful appeal to the Federal Court of Appeal which held that the federal pension legislation does not require distribution of surplus upon a partial plan termination notwithstanding the Monsanto decision: Cousins v. Marine Atlantic Inc. [2008].
  • OMERS in its successful appeal at the Ontario Court of Appeal addressing the disclosure obligations of employers and pension plan administrators when changes are under consideration: Hembruff v. OMERS Board [2005].  Also acted for OMERS in two cases before the Ontario Court of Appeal relating to entitlements to pension surplus arising in ongoing pension funds; Police Retirees of Ontario Inc. v. OMERS, [2000] and Toronto (Metropolitan) Police Services Board v. OMERS, [1998].
  • Counsel in a number of cases where negligence has been alleged against pension plan actuaries and/or consulting firms; in some cases defending, in other cases counsel for plaintiff.
  • Canadian Broadcasting Corporation defending a class action commenced on behalf of pensioners relating to an alleged commitment by the company to share surplus funds with pensioners on an ongoing basis [2009].
  •  Sybron Canada in its successful application to the Ontario Superior Court of Justice for a declaration of its ownership of surplus under the pension instruments: Sybron Canada Limited [2008].
  • Representing numerous clients defending wrongful dismissal actions and other employer related litigation.

Affiliations

  • Ontario Bar Association, Civil Litigation and Pension & Benefits Sections
  • The Advocates’ Society
  • Canadian Bar Association
  • Toronto Lawyers Association

Industry Recognition

  • The Best Lawyers in Canada 2015: Employee Benefits Law
  • The Canadian Legal Lexpert Directory 2014: Repeatedly Recommended, Pensions and Employee Benefits

Publications/Events/Education

  • Document Retention and Disclosure, International Pension and Employee Benefits Lawyers Association May 2013 conference (Workshop moderator).
  • Non-compete / non-solicit covenants: Ontario Court of Appeal provides guidance on requirements for enforceability (2012)
  • Avoiding Litigation Pitfalls in Pension Plan Administration, Canadian Bar Association/International Pension & Employee Benefit Lawyers Association Conference, June 2010 (Presenter).
  • Rectification of Pension Plans: Ontario Court Tackles Unique Challenge,Corporate Litigation, Vol. IX, No. 4.
  • How to Avoid Ending Up in Court, Canadian Pension and Benefits Institute Ontario Regional Conference, October 2009 (Moderator).