David A. Decker
David has practised commercial and general litigation for more than 40 years. He has appeared numerous times as lead counsel before trial and appellate courts, and administrative tribunals. His litigation experience includes issues pertaining to real estate, mortgages and other secured transactions, construction, banking, tax, civil fraud, professional liability, insolvency, intellectual property, corporate, employment, injunctions, cross border litigation and class actions. David also has experience in family, estates and criminal law. He has defended professional negligence claims against Ontario lawyers in the real estate, banking, tax and insolvency areas, and has considerable experience in title insurance matters.
David has practised commercial and general litigation for more than 40 years. He has appeared numerous times as lead counsel before trial and appellate courts, and administrative tribunals. His litigation experience includes issues pertaining to real estate, mortgages and other secured transactions, construction, banking, tax, civil fraud, professional liability, insolvency, intellectual property, corporate, employment, injunctions, cross border litigation and class actions. David also has experience in family, estates and criminal law. He has defended professional negligence claims against Ontario lawyers in the real estate, banking, tax and insolvency areas, and has considerable experience in title insurance matters.
David has practised commercial and general litigation for more than 40 years. He has appeared numerous times as lead counsel before trial and appellate courts, and administrative tribunals. His litigation experience includes issues pertaining to real estate, mortgages and other secured transactions, construction, banking, tax, civil fraud, professional liability, insolvency, intellectual property, corporate, employment, injunctions, cross border litigation and class actions. David also has experience in family, estates and criminal law. He has defended professional negligence claims against Ontario lawyers in the real estate, banking, tax and insolvency areas, and has considerable experience in title insurance matters.
David served on the executive of the Civil Litigation Section of the Ontario Bar Association for a number of years, and in that connection chaired a number of professional development programs related to limitations law, privacy law, and, in particular, civil justice reform.
- Real Estate Litigation
- Property Title Repair
- Commercial Contracts, Debtor/Creditor and Secured Transactions
- Construction Litigation
- Corporate and Partnership Litigation
- Banking Litigation
- Bankruptcy and Insolvency Litigation
- Professional Liability Litigation
- Wrongful Dismissal and Employment Litigation
- Appeals and Counsel Work in Complex Cases
- Canadian Bar Association
- Ontario Bar Association
- The Advocates' Society
- Selected Cases
- Commercial Law/Personal Property Security Law/
On August 13, 2021, Beard Winter LLP commercial litigation partner David A. Decker obtained summary judgment in favour of Beard Winter clients Team Canada ’72, Ron Ellis and others with respect to a claim brought concerning the team’s 40th Anniversary gala dinner and many autographed Team Canada ’72 jersey numbers signed by most of the members of the team.
Among other things, this decision confirms that under personal property security law, delivery of possession of collateral as security for a debt establishes a perfected security interest in the collateral, even absent any written security agreement or registration under the Ontario Personal Property Security Act.
- 368230 Ontario Limited v. Tsai and Lin
Summary judgment obtained on July 14, 2020, for more than $11 million, and for possession of three properties.
- Cornerstone Properties Inc. v. Southside Construction Management Limited, 2020 ONCA 380
On June 12, 2020, in Cornerstone Properties Inc. v. Southside Construction Management Limited, 2020 ONCA 380, the Court of Appeal for Ontario dismissed Cornerstone’s appeal from the trial decision of the Honourable Mr. Justice Hockin (2018 ONSC 7487) (see below), finding that Justice Hockin properly considered the issues of piercing the corporate veil and costs payable by a non-party.
- Pro Property v. Frijia, Southside Construction, Summit Series Celebration, Ellis, Team of ’72, et al.
Security for costs ordered against plaintiff shell corporation notwithstanding its allegations of impecuniosity.
- Re: Southside Contruction Management Ltd. v. Cornerstone Properties Inc. Costs Award
In Cornerstone Properties Inc. v. Southside Construction Management Ltd., 2018 ONSC 7487, Cornerstone sought to recover the costs awarded to it arising from previous litigation against Southside’s wholly-owned subsidiary. To that end, Cornerstone urged The Honourable Mr. Justice Hockin to pierce the corporate veil of the subsidiary. In refusing to do so, Justice Hockin confirmed that, among other things, the subsidiary’s corporate veil could be pierced only where it was being used to facilitate fraudulent or improper conduct. The court also considered whether there was jurisdiction under relevant case law, and the Courts of Justice Act, to order Southside, a non-party to the previous litigation, to pay the costs awarded against Southside’s subsidiary. It was found that there was no such jurisdiction in this case.
- Re: Endicott
Setting aside final order of foreclosure; right of lawyer/litigant to claim legal costs.
- Davis and Deso ats. Powlesland Engineering
Fiduciary duties of departing senior executive relative to a maturing business opportunity, and disgorgement of profits.
- Financial Trust v. Horvat
Injunction proceedings regarding judicial sale under mortgage.
- Thomas ats. DiBlasi
Whether an option granted at the time of a mortgage was a clog or a fetter on the equity of redemption and contravened the Planning Act.
- Min-Chem ats. Hydrotech
Secured creditor’s rights regarding a trademark transfer held to be void as against creditors under Section 2 of the Fraudulent Conveyances Act.
- Allied National Credit v. Canadian Bonded Credits
Equitable assignment of legal choses in action (receivables) after sale of assets of corporation.
- Elliott v. City of Toronto
Injunction proceedings regarding municipal tax sale.
- American Key Products v. Hopton Technologies
Breach of long-term U.S./Canada supply contract.
- Remlinger v. Marcoux
Provision of title insurance to answer requisition.
- Hegnauer v. Bieri
Dismissal for want of prosecution.
- Perschbacher v. Plumley
Adverse possession and survey law.
- Norpak v. Fabricon and Aeroports du Montreal
Construction of conveyor belt system at Pierre Elliott Trudeau International Airport.
- Santos v. Melia Corporation
Boundaries Act hearing re: Lake Simcoe land and shoreline.
- DGM Bank Re: Lossev
Formation of immigration trust in Barbados and reassessment of Canadian tax.
- Re: Brisco
Duties of a trustee in bankruptcy in negotiating a sale of property.
- Gallo v. Beber
Extent of assets secured under debenture.
- Rhodes Project Management Inc. Re: Madesin General Contractors and Rocky Mountain Chocolate Factory
Construction lien litigation in British Columbia, Ontario and Nova Scotia.
- Bhadra v. Chatterjee et al.
Application for injunction and oppression remedies regarding directors’ duties and powers concerning by-laws of corporation under Canada-Not-For-Profit Corporations Act.
- Cornerstone v. Southside Construction
Piercing corporate veil to claim costs awards from previous litigation against sole shareholder of costs debtor.
- June 18, 2020 — Beard Winter embraces the paperless court, electronic filings and remote hearings
- November 15, 2019 — Beard Winter obtains $50,000 security for costs order
- April 8, 2019 — Action against Beard Winter client Southside Construction dismissed with costs
- September 5, 2018 — CBA Privacy Law Symposium – October 19