David is recognized as an expert litigator specializing in pension and benefits litigation and employment litigation. He represents and is a trusted advisor to major pension funds and corporations in 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 regular 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.
Areas of Expertise
Representative Work
- IBM Canada Limited in a successful court application to retroactively rectify pension plan to correct inadvertent drafting errors, in the process clarifying the rectification test for unilateral instruments such as pension plans.
- OPTrust in a class action relating to provincial government employees who transferred their employment from the province to the federal government in connection with the creation of the Harmonized Sales Tax.
- OPTrust in McHayle v. CEO of Financial Services Regulatory Authority [2022], an Ontario Superior Court of Justice (Divisional Court) appeal addressing permissible pension plan amendments under the Pension Benefits Act (Ontario) and other issues, which upheld a decision of the Financial Services Tribunal.
- Ontario Teachers Pension Plan in Monteiro v. CEO of Financial Services Regulatory Authority [2021], a decision of the Financial Services Tribunal (Ontario) addressing burden of proof for establishing entitlement to benefits under a pension plan and other issues.
- 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]
- 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
- 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]
- 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
Latest Insights
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Webinar May 9, 2023
Osler’s Annual Pensions & Benefits Seminar – Managing IT & Cybersecurity Risk
Join Osler’s Pension & Benefits Group virtually or in-person for our annual discussion on hot topics and recent developments facing Canadian...
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Osler Update Nov 26, 2020
Understanding Fraser v. Canada Impacts and Risks for Pension Administrators and Employers Across Canada (Webinar)
The recent Supreme Court of Canada ruling in Fraser v Canada will have wide and reverberating implications across Canada for years to come.
Read more -
Webinar Nov 26, 2020
Understanding Fraser v Canada. Impacts and Risks for Pension Administrators and Employers Across Canada
The recent Supreme Court of Canada ruling in Fraser v Canada that the design of the RCMP pension plan discriminated against women who were enrolled...
Read more -
Blog Apr 24, 2017
Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period
In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two...
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Awards and Recognition
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Recognized in Pensions & Employee Benefits – Employer
—The Canadian Legal Lexpert Directory -
Recognized in Employee Benefits Law
—Best Lawyers in Canada
Media Mentions
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Media Mentions Apr 30, 2024
Ontario court sides with IBM in pension benefits rectification case – Benefits Canada
In representing IBM Canada, David Stamp helped clarify Ontario’s test for rectification of a unilateral instrument (like a pension plan). He spoke...
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Speaking and Writing
Speaking Engagements
Osler’s Annual Pensions & Benefits Seminar – Managing IT & Cybersecurity Risk
Read moreUnderstanding Fraser v Canada. Impacts and Risks for Pension Administrators and Employers Across Canada
Read moreInternational Pension & Employee Benefits Lawyers Association (IPEBLA) 17th Biennial Conference
Speaker, Lisbon, Portugal, May 19-22, 2019
Published Work
- Correcting Errors, OBA – Advance Strategic Planning: Proving Pension & Benefits Advice, February 2015 (Presenter).
- 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).
Credentials
Education
- University of Toronto, LL.B.
- University of Western Ontario, B.A.
Languages
- English
Professional Affiliations
- Ontario Bar Association, Civil Litigation and Pension & Benefits Sections
- The Advocates’ Society
- Canadian Bar Association
- Toronto Lawyers Association
