David Rosenberg, Q.C.
Partner

David is a litigator who has appeared more than a thousand times in the courts of British Columbia and provinces across Canada. He has been senior, lead counsel on several major appeals to the Supreme Court of Canada in constitutional, civil, criminal  and First Nation’s cases. David is an adjunct professor at the Faculty of Law, University of British Columbia, where he has been teaching for more than 20 years. He taught Advanced Criminal Law and now teaches Aboriginal Law to higher level law students. David has also been a frequent guest lecturer for Continuing Legal Education and for the Professional Legal Training Course for articled students.

David graduated from University of Toronto with a degree in Philosophy and then went to law school at the University of British Columbia graduating with a law degree in 1978. After clerking for the Chief Justice of the Supreme Court of British Columbia, David was called to the bar in 1980 and was appointed Queen’s Counsel in 2009. He holds the highest possible rating for legal ability (A) and ethics (V) in  Martindale-Hubbell, an authoritative and global source for rating lawyers and law firms. David is a founding partner of his firm which opened in 1980. Although David has spent more than 30 years as trial and appellate counsel in all kinds of criminal and civil cases, David’s practice has shifted in recent years to concentrate on aboriginal rights and title cases and class actions. He is frequently retained by other law firms as litigation counsel.

Notable cases:

  • Tiemstra, the first class action case in British Columbia to be decided by the Court of Appeal.
  • Meares Island, in which it was established that injunctive relief could be based on aboriginal rights.
  • R. v Kokesch, in which the Supreme Court of Canada defined the scope of the constitutional right against unreasonable search and seizure.
  • R. v. G(RM), in which the Supreme Court of Canada revised the model instructions for an exhortation to a jury where the jury is unable to reach a unanimous verdict.
  • R. v. NTC Smokehouse Ltd., in which the Supreme Court of Canada considered the aboriginal right to fish and whether it extended to commercial sale.
  • R. v. Grant, in which the Supreme Court of Canada revisited and comprehensively considered the powers of search and seizure pursuant to the common law and the Criminal Code.
  • Most recently, David was lead counsel for the Tsilhqot’in in the case of Tsilhqot’in Nation v. British Columbia decided by the Supreme Court of Canada on June 26, 2014. The Tsilhqot’in were entirely successful after 25 years in the courts. The decision from the Supreme Court of Canada declared aboriginal title, a first in Canadian history, and has been widely proclaimed as one of the most important cases in the field of aboriginal law.
Team
Paralegal
Legal Assistant
Articling Student
Paralegal
Accounting
Class Actions
Lemon Creek Fuel Spill Class Action

Certified class action concerning the spill of 35,000 litres of jet fuel into the Slocan Valley region of British Columbia.

Lap-Band Class Action

Proposed class action concerning the failure rate of the adjustable gastric band implant known as Lap-Band.

HIV/AIDS Privacy Class Action

Proposed class action against the University of British Columbia and others for unlawfully disclosing the HIV+ status of nearly eight-hundred residents of British Columbia.

Air Transat Class Action

Proposed class action against Air Transat with respect to the misrepresentation of direct flight segments and the consequent overcharge to customers.

Physiomesh Class Action

Proposed class action concerning the Ethicon Physiomesh Composite Mesh Device, which was recalled by Health Canada due to its dangerous design defects.

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