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David Rosenbaum Toronto Lawyer

David C. Rosenbaum

Partner Fasken
Jurisdiction Ontario, 1985
Language(s) English
Office(s) Toronto
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Overview

David Rosenbaum practices in the areas of civil litigation and health law. He has assisted clients in all types of commercial litigation, as well as estate litigation and insurance litigation and he provides advice on health regulatory matters. David represents clients in commercial disputes, including large commercial fraud cases. His extensive experience dealing with complex legal and factual issues includes acting in several large cases involving disputes arising from commercial lease financing.

In the insurance litigation area, David has experience acting for insureds in coverage disputes and brokers in defence of E&O claims. Often involved in the drafting of insurance policies for insurer clients, David is frequently called upon to advise clients on coverage issues. He has also provided valuable evidence on the law of Ontario in coverage disputes.

In the estate litigation area, David has acted for both beneficiaries and estate trustees with disputes regarding wills, inheritances and trusts, including will disputes, contested passings of accounts, dependant relief claims, trustee removal applications and breach of trust actions.

David also has experience in the area of health law, where he regularly advises clients on questions relating to the regulation of health care professionals and institutions such as hospitals and medical laboratories. He serves as independent counsel to the Discipline and Fitness to Practise Committees of a major health profession regulator.  He has also acted as College counsel in unauthorized practice proceedings and in  professional disciplinary matters and judicial reviews. He provides regulatory advice to health regulatory Colleges and has drafted regulations for them.

With his extensive knowledge of the regulation of the health care system in Canada, David is sought out for advice on compliance with statutes such as the Canada Health Act, the Health Insurance Act, the Laboratory and Specimen Collection Centre Licensing Act,and the Commitment to the Future of Medicare Act, as well as advice on regulatory matters in the health field.

Achievements

  • Recoognized in Insurance Law in Toronto, The Best Lawyers in Canada 2024 to 2026
  • Recognized in Corporate and Commercial Litigation in Toronto, The Best Lawyers in Canada 2021 to 2026
  • Recognized in Health Care Law in Toronto, The Best Lawyers in Canada 2019 to 2026
  • Recognized in Ontario as a Litigation Star in Commercial and Insurance, Benchmark Litigation Canada 2017 to 2026
  • Recognized as Recommended in Insurance & Reinsurance, Lexology Index 2023 to 2025
  • Recognized in the Canadian Legal Lexpert Directory in Life Sciences & Health, Lexpert 2022 to 2024
  • As "Local Litigation Star" in Ontario and "Litigation Star" for Insurance in Canada, Benchmark Canada 2012 to 2014
  • Winner, "Shem Tov" (Good name) award from UJA Federation of Greater Toronto for community service, 12/31/2007
  • Martindale-Hubbell "BV" rating in general civil and commercial litigation and health law, Martindale Hubbell
2012 to 2014 Benchmark Canada As "Local Litigation Star" in Ontario and "Litigation Star" for Insurance in Canada
2007 Winner, "Shem Tov" (Good name) award from UJA Federation of Greater Toronto for community service
Martindale Hubbell Martindale-Hubbell "BV" rating in general civil and commercial litigation and health law

Experience

  • Jane Software valuation hits approximately C$1.8 billion after a C$500+ million TCV-led secondary financing round, [Deal - Jane Software Inc.], Canadian healthtech company completes C$500 million secondary financing
  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Advised Ontario College of Pharmacists on new regulations under the Drug and Pharmacies Regulation Act, [Deal - Ontario College of Pharmacists], Fasken Martineau was retained by the Ontario College of Pharmacists to advise on a substantial re-drafting of its General Regulation, O. Reg. 264/16 under the Drug and Pharmacies Regulation Act. The mandate included significant changes to reflect the College’s expanded regulatory authority over h...
  • Intact Insurance Company et al. v. Assessment Direct Inc. et al., 2016 ONSC 1485, [Case - Confidential Clients], Read the decision (PDF): Intact Insurance Company et al. v. Assessment Direct Inc. et al., 2016 ONSC 1485
  • Jetport v. Jones Brown Inc., 2013 ONSC 2740, [Case - Jones Brown Inc. and Grant Robinson], Jetport v. Jones Brown Inc., 2013 ONSC 2740 (PDF)
  • Jetport v. Global Aerospace, 2013 ONSC 1898, [Case - Jones Brown Inc. and Grant Robinson], Jetport v. Global Aerospace, 2013 ONSC 1898 (PDF)
  • Royal & Sun Alliance Insurance Co. of Canada v. Fiberglas Canada Inc., [1999] O.J. No. 1275 (Gen. Div.), [Case - Fiberglas Canada Inc.], Acted for insured in obtaining order that insurer pay portion of defence costs of an action brought against it. Fiberglas moved for an Order requiring Royal & Sun Alliance and two other insurers to pay the costs of defending an action commenced against Fiberglass in 1994 in New Brunswick. The a...
  • Royal Bank of Canada v. Société Générale (Canada) (2005) 13 B.L.R. (4th) 130 (S.C.J.), [Case - CitiCapital Limited]

Career & Education

Education

  • LLB University of Toronto
  • BA (Honours), History University of Toronto

Community involvement

  • Board Member, Jerusalem Foundation of Canada
  • Past President, Hillel of Greater Toronto (agency of UJA Federation - Toronto)
  • Former member of the boards of directors of The Canadian Stage Company and St. Lawrence Centre for the Arts

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, The Advocates' Society
  • Member, Federation of Defense & Corporate Counsel
  • Vice Chair, Insurance Coverage Litigation Committee of the American Bar Association, Torts Trial and Insurance Practice Section

Knowledge

  • Ontario Moves to Regulate Preferred Pharmacy Networks (PPNs), 11/11/2025
  • Federal Minister of Health Issues Letter About Canada Health Act, 1/17/2025
  • Will They or Won’t They? Court Defers Son’s Request to “Rummage” Through Late Mother’s Lawyer’s Files, 9/12/2023
  • Ontario Court of Appeal Splits on Application of Test for Jurisdiction in Italian Water Taxi Case, 4/20/2023
  • Significant Changes to Estate Rules May Come!, 3/16/2021
  • March Legislative Update: Further Regulatory Amendments to the Laboratory and Specimen Collection Centre Licensing Act to Facilitate Point-of-Care COVID-19 Testing, 3/11/2021
  • British Columbia Supreme Court Rules Against Expansion of Private Health Care, 9/28/2020
  • The Doctrine of Unconscionable Procurement: A New/Old Weapon for Setting Aside Gifts?, 3/17/2020
  • HPRAC’s Review of Chiropody and Podiatry in Ontario, 5/3/2017

Events

  • Is a Rose by any Other Name Still a Rose? When is a Document Valid as a Will?, 10/24/2024
  • Hospital-Foundation relations: Too important to let sour: A multidisciplinary approach to keeping them healthy, 10/23/2024
  • Disputes Involving the Administration of a Will or a Trust, 12/7/2023
  • Credentialing of Professional Staff in Hospitals: Governance Principles, 6/14/2023
  • Estate Litigation Webinar – A 3 Part Series: Webinar 3: Duty to Account, 11/26/2021
  • Understanding Recent Regulatory Developments relating to COVID-19 Testing applicable to Ontario Healthcare Providers and Organizations, 3/31/2021
  • Home Care in the New Ontario Health Environment, 1/24/2020
  • Ontario Health Teams and Integrations Seminar, 6/7/2019
  • The Future of Assisted-Dying in Ontario: After Carter, 4/2/2015
  • Toronto Fasken Martineau Symposium (3rd Edition), 5/23/2013

News

  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • Fasken Martineau Wins Five Awards from Benchmark Canada, 2/24/2017
  • Fasken Martineau wins 3 awards from Benchmark Canada, 2/19/2016
  • Fasken Martineau Health Group contributes to Getting the Deal Through’s inaugural Healthcare Enforcement & Litigation 2016, 11/30/2015

Publications

  • Case Comment: Moore v. Sweet, 2017 ONCA 182, 5/1/2017
  • Insurance Policy Construction in Canada, 12/31/2016
  • Getting the Deal Through: Healthcare Enforcement & Litigation 2016 (Canada), 11/2/2015
  • They Can Do That? The Obligation of Good Faith Revisited, 12/31/2014
  • Bill 179 – Regulated Health Professions Statute Law Amendment Act, 2009, 7/10/2009
  • Ontario Government Not Required to Fund All Life Saving Treatments Under The Health Insurance Act, 2/1/2007
  • Internet Pharmacies - New U.S. Legislation Puts the Issue Back into the Spotlight, 10/1/2006
  • Internet Pharmacies - New U.S. Legislation Puts the Issue Back Into the Spotlight, 9/26/2006
  • Future of Internet Pharmacies is Uncertain, 1/1/2005
  • The Health Care Reform Debate: A Comparison of the Romanow and Kirby Reports, 1/30/2003
Case Comment: Moore v. Sweet, 2017 ONCA 182 “STEP Inside” Newsletter of the Society of Estate and Trust Practitioners
Book Insurance Policy Construction in Canada Chapter in “Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions, American Bar Association
Getting the Deal Through: Healthcare Enforcement & Litigation 2016 (Canada)

Speaking Engagements

  • Role of Tribunal Counsel, 11/1/2018
  • A Litigator's Perspective on Evidentiary Issues, 10/15/2018
  • Insurance: Construction and Real Property, 2/25/2018
  • Insurance: Considerations for Franchisors, 9/22/2016
  • Electronic Health Records: Privacy Requirements and Professional Standards, 12/4/2013
  • E-Discovery Law and Practice in Canada, 2/15/2013
  • Recent Decisions Affecting the Investigative Powers of Regulatory Agencies, 11/9/2012
  • American Bar Association Annual Meeting, 8/6/2011
  • ABA Insurance Coverage Litigation Committee, Tort Trial and Insurance Practice, 2/27/2010
  • Dependant Claims and Family Law Matters, 11/2/2006
Speaker Role of Tribunal Counsel Society of Ontario Adjudicators and Regulators (SOAR)
Speaker A Litigator's Perspective on Evidentiary Issues Workplace Safety and Insurance Appeals Tribunal (WSIAT) Professional Development Day
Speaker Insurance: Construction and Real Property Department of Justice (Canada)