David Rankin represents industry and government clients to solve public and private law disputes, including through appellate litigation, administrative and constitutional litigation, class actions, employment/wrongful dismissal litigation and other general civil litigation. David has argued cases at all levels of court in multiple jurisdictions, including arguing at the Supreme Court of Canada and at the Federal Court and Federal Court of Appeal. He has managed complex and multi-billion dollar cases at both the trial and appeal levels. David is a co-author of Sopinka, Gelowitz and Rankin on the Conduct of an Appeal, 5th Edition, a leading resource for litigators and judges on appellate practice and procedure. He also teaches regularly at Osgoode Hall Law School, including a course on administration law remedies.
David joined the Litigation department at Osler in 2012 after serving as a law clerk to The Honourable Mr. Justice Morris J. Fish of the Supreme Court of Canada. He received his Juris Doctor from the University of Toronto, where he graduated with the W.P.M. Kennedy Silver Medal.
During his time at the Faculty of Law, David was co-Editor-in-Chief of the Law Review (Vol. 68). Prior to law school, David graduated from Acadia University — at the top of his faculty — with a Bachelor of Business Administration with Honours. David first joined Osler as a summer student in 2008, returning in 2010–2011 to complete his articles in the Calgary office.
Representative Work
- Facebook in a national class action arising from the use of names and profile pictures in “sponsored stories.”
- A group of pharmaceutical companies in the defence of multiple class actions commenced across the country in respect of opioid products, including arguing the constitutional challenge in the Supreme Court of Canada.
- York University in its successful defence of a copyright dispute arising from royalties alleged to be owed.
- Industry and government clients in defence of various civil claims relating to damages allegedly related to a hydro-electric project.
- Canadian Civil Liberties Association in various Canadian Charter of Rights and Freedom cases, including arguing on their behalf at the Supreme Court of Canada.
- Chevron Corp. in defending a claim to enforce a $9.51 billion dollar Ecuadorian judgment related to allegations of environmental pollution in the region of Lago Agrio, Ecuador.
- Canadian Bar Association before the Supreme Court of Canada to protect solicitor-client privilege: Canada (National Revenue) v. Thompson, 2016 SCC 21; Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20; Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52.
- J.D. Irving Ltd. before the Court of Queen’s Bench of New Brunswick and the New Brunswick Court of Appeal resisting an injunction alleging a breach of the duty to consult: Première Nation de Buctouche c. Nouveau-Brunswick, 2014 CanLII 59594 (N.B.C.A.).
- Amex Bank of Canada, Royal Bank, TD Bank, Bank of Montreal, Bank of Nova Scotia, CIBC, National Bank, Laurentian Bank and Citibank before the Supreme Court of Canada challenging the constitutional applicability of the Quebec Consumer Protection Act to bank-issued credit cards: Bank of Montreal v. Marcotte, 2014 SCC 55; Amex Bank of Canada v. Adams, 2014 SCC 56.
- Canadian Civil Liberties Association before the Supreme Court of Canada to protect civil liberties: R. v. Chehil, 2013 SCC 49 (privacy); R. v. MacKenzie, 2013 SCC 50 (privacy); and Attorney General of Canada v. Federation of Law Societies of Canada, 2015 SCC 7 (independence of the Bar and solicitor-client privilege).
- Shoppers Drug Mart before the Supreme Court of Canada challenging a regulation banning private label generic drugs: Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), 2013 SCC 64.
- Bank of Montreal before the Supreme Court of British Columbia, the Court of Queen’s Bench for Saskatchewan, the Ontario Superior Court of Justice, and the Court of Queen’s Bench of Alberta defending putative class actions in relation to credit card fees: Court File No. VLC-S-S-112003, Q.B. No. 1206 of 2012, Q.B. No. 133 of 2013, Court File No. CV-11-426591, Court File No. 1203 18531, and Court File No. 1203 10620.
- Chevron Corp. in defending a claim to enforce a $9.51 billion dollar Ecuadorian judgment related to allegations of environmental pollution in the region of Lago Agrio, Ecuador.
- Canadian Bar Association before the Supreme Court of Canada to protect solicitor-client privilege: Canada (National Revenue) v. Thompson, 2016 SCC 21; Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20; Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52.
- J.D. Irving Ltd. before the Court of Queen’s Bench of New Brunswick and the New Brunswick Court of Appeal resisting an injunction alleging a breach of the duty to consult: Première Nation de Buctouche c. Nouveau-Brunswick, 2014 CanLII 59594 (N.B.C.A.).
- Amex Bank of Canada, Royal Bank, TD Bank, Bank of Montreal, Bank of Nova Scotia, CIBC, National Bank, Laurentian Bank and Citibank before the Supreme Court of Canada challenging the constitutional applicability of the Quebec Consumer Protection Act to bank-issued credit cards: Bank of Montreal v. Marcotte, 2014 SCC 55; Amex Bank of Canada v. Adams, 2014 SCC 56.
- Canadian Civil Liberties Association before the Supreme Court of Canada to protect civil liberties: R. v. Chehil, 2013 SCC 49 (privacy); R. v. MacKenzie, 2013 SCC 50 (privacy); and Attorney General of Canada v. Federation of Law Societies of Canada, 2015 SCC 7 (independence of the Bar and solicitor-client privilege).
- Shoppers Drug Mart before the Supreme Court of Canada challenging a regulation banning private label generic drugs: Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), 2013 SCC 64.
- Bank of Montreal before the Supreme Court of British Columbia, the Court of Queen’s Bench for Saskatchewan, the Ontario Superior Court of Justice, and the Court of Queen’s Bench of Alberta defending putative class actions in relation to credit card fees: Court File No. VLC-S-S-112003, Q.B. No. 1206 of 2012, Q.B. No. 133 of 2013, Court File No. CV-11-426591, Court File No. 1203 18531, and Court File No. 1203 10620.
Latest Insights
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Osler Update Nov 13, 2024
Supreme Court clarifies standard of review for challenges to subordinate legislation
The Court held that the same flexible standard of review for administrative decisions applies to challenges to regulations.
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Osler Update Jul 24, 2024
SCC affirms limited government immunity for enacting Charter-violating legislation
Governments may be liable for damages where legislation was clearly unconstitutional when enacted or enacted in bad faith or as an abuse of power.
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Osler Update Apr 17, 2024
Supreme Court of Canada applies the Charter to Indigenous government
The Supreme Court of Canada recently settled important questions regarding the interplay between the collective rights of Indigenous peoples and...
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Blog Mar 25, 2024
Yatar: circumscribed right of appeal does not preclude judicial review
The Supreme Court of Canada’s recent decision in Yatar v. TD Insurance Meloche Monnex clarifies that a limited right of appeal does not...
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Awards and Recognition
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Best Lawyers in Canada: Recognized in Corporate and Commercial Litigation
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Langford Rowell Prize for ranking first in first year (University of Toronto Faculty of Law).
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Davies Ward Phillips & Vineberg LLP Prize for ranking first in second year (University of Toronto Faculty of Law).
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Fraser Milner Casgrain Prize (University of Toronto Faculty of Law).
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Aird & Berlis Prize for Overall Academic Excellence in first year (University of Toronto Faculty of Law).
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Blake, Cassels & Graydon LLP Prize in Taxation; Justice Michael J. Moldaver Prize in Criminal Procedure; Lang Michener Prize in Commercial Law; Ori Fidani Prize in Real Estate Law; McRuer Scholarship in Administrative Law.
Media Mentions
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Osler News May 1, 2024
Osler represents CCLA before the Supreme Court of Canada
Third-party election spending case involves interpretation of Charter’s democratic rights section.
Read more -
Osler News Feb 16, 2021
Osler welcomes 12 new partners and 2 new counsel in 2021
Osler is proud to announce the addition of 12 new partners and two new counsel across five of our offices, effective March 1, 2021.
Read more
Speaking and Writing
Speaking Engagements
Indigenous Law Insights: B.C.’s first consent-based decision-making agreement and interlocutory injunctions supporting Indigenous claims
Read morePublished Work
- John Sopinka, Mark A. Gelowitz & W. David Rankin, Sopinka, Gelowitz and Rankin on the Conduct of an Appeal, 5th Edition (LexisNexis, 2018).
- Mahmud Jamal and W. David Rankin, “Constitutional Issues in Competition Litigation”, in Litigating Competition Law in Canada, Nikiforos Iatrou (ed.) (LexisNexis, 2018).
- W. David Rankin & Mahmud Jamal, “Dissents and Concurrences: Seven Debates in Charter Jurisprudence” (2013) 63 S.C.L.R. (2d) 89.
- W. David Rankin, “Concerning an Expectancy Based Remedial Theory of Promissory Estoppel” (2013) 69(2) U.T. Fac. L. Rev. 116.
- Mary Paterson & W. David Rankin, “Sattva Capital Corp v. Creston Moly Corp.: Are Issues of Contractual Interpretation Certifiable in Class Proceedings as Common Issues?” (2015) 30(2) Banking & Finance Law Review 363.
- Gillian Scott & W. David Rankin, “Federal Court Certifies Action for Publicity Given to Private Life” (2015) 12(10) Canadian Privacy Law Review 97.
- Teaching: Administrative Law Remedies and Foundations of Canadian Law at Osgoode Hall Law School.
Credentials
Education
- University of Toronto, J.D. (Hons.)
- Acadia University, B.B.A.H.
Languages
- English
Professional Affiliations
- The Law Society of Ontario
- The Law Society of Alberta
- The Canadian Bar Association
- The Toronto Lawyers Association (Co-Editor of Toronto Law Journal)
