DAVID MILOSEVIC, Toronto Commercial Litigation Lawyer & Fraud Examiner

David’s practice is focused on complex commercial litigation, fraud, and securities litigation. He has acted on some of the largest civil fraud claims in Ontario and has extensive experience managing complex litigation involving large volumes of documentary disclosure and multiple parties. David takes a long range, strategic approach to litigation, and has a proven track record of obtaining results for his clients.

David has successfully defended clients at trial in claims involving tens of millions of dollars in dispute. He has successfully brought complex claims to trial, and has successfully defended clients in class action litigation. David appears regularly before the Superior Court and Court of Appeal for Ontario and has appeared before the Supreme Court of Canada. He is a dedicated advocate who is committed to the highest standards of ethics, expertise and client service in his practice.

David has extensive overseas business experience and brings solid business judgment to his clients’ litigation matters. David articled at a major Bay Street law firm.

Education

• Osgoode Hall Law School, LL.M
• McGill University, B.C.L, LL.B
• McGill University, B.A.

David graduated with a First Class Honours B.A. in History and Political Science from McGill University and obtained Civil and Common Law degrees with Distinction, also from McGill University. He placed second overall in Canada in the country’s largest advocacy competition, the Phillip. C. Jessup International Law Moot Court Competition. David holds a Master of Laws from Osgoode Hall Law School in Civil Litigation and Dispute Resolution and has lectured on class actions at the McGill University Faculty of Law.

David is also a designated Certified Fraud Examiner with the Association of Certified Fraud Examiners.

Representative Cases

• Win at Court of Appeal for Ontario in class action on behalf of 170 people defrauded by their investment advisor
• Win at Alberta Court of Appeal in appeal to set aside a Mareva Injunction
• Success at Court of Appeal for Ontario against Government of Ontario, reversing $757,486.89 cost award against our client
• Successful motion in Court of King’s Bench, Alberta, in setting aside a Mareva Injunction
• Successful summary judgment against fraud defendants
• Successful summary judgment defence in fraud claim against employee
• Successful response to summary judgment in complex contract dispute
• Successful Class Action Defence
• Successful Summary Judgment to Enforce Share Put Right (Upheld by Court of Appeal for Ontario)
• Successful Trial Defence in $20 Million Fraud Claim
• Successful Trial against Foreign Exchange Dealer

Publications and Media

• “Corporate Identification, New Uses for an Old Doctrine”, Feature Article, Summer 2019 edition Advocates’ Journal
• Certification of Class Actions in Ontario, BCF Class Action NetLetter, November 1, 2020 – Issue 23
• Ontario Bar Association, Civil Litigation Insider, November 2020
• David Milosevic interviews the Chief Justices of the Ontario Court of Justice, Ontario Superior Court and the Court of Appeal for Ontario for the Ontario Bar Association Civil Litigation section, January 12, 2021
• David Milosevic interviews the Attorney General of Ontario, the Honourable Doug Downey, on court modernization in response to Covid-19 on behalf of the Ontario Bar Association Civil Litigation section, March 11, 2021
• David Milosevic interviews the 18^th Chief Justice of the Supreme Court of Canada, the Rt.Hon Richard Wagner, October 3, 2021
• Editor, Ontario Bar Association Civil Litigation Section Insider, Covid 19, Rights vs Mandates?, February 2022
• Interviewer, Ontario Bar Association, Civil Litigation Insider, October 2022
• Contributing Author to “Class Actions in Canada and Beyond”, Lexis Nexis, November 2022
• David Milosevic quoted by CBC Radio Canada on the epidemic of crypto fraud, December 20, 2023 ‘It’s an epidemic’: More Canadians are falling victim to investment fraud | Radio-Canada.ca
• David Milosevic is interviewed on AM 640 “The Wolf on Bay Street” on fraud risks facing Canadians The Wolfgang Klein Show | Global News, February 29, 2024
• David Milosevic is interviewed on CBC Here & Now with Gill Deacon where he discusses U of T’s injuction request to remove an encampment on school grounds, May 27, 2024
• David Milosevic interviewed on Global News Radio CJOB Winnepeg on fraud scams targeting Canadians, June 20, 2024
• David Milosevic is interviewed on CBC Here & Now with Gill Deacon where he discusses the University of Toronto’s injunction that was granted to the University to remove the protestors, July 3, 2024
• David Milosevic is quoted in the Globe and Mail on disciplinary proceedings against two lawyers involved in a real estate fraud, August 21, 2024
• David Milosevic interviewed by CBC Radio-Canada on the nearly $10 million bank fraud involving Canadian non-profit, The Foundation Assisting Canadian Talent on Recordings, December 2, 2024 Vol présumé de millions de dollars chez FACTOR : la banque devrait-elle rembourser? | Radio-Canada

Recent Presentations

• Co-chair, Ontario Bar Association, Your First Civil Trial, March 6, 2020
• Presenter, Osgoode Hall Law School, Professional Development, Civil Litigator’s Survival Guide to Evidence Program, November 6, 2020
• Co-Chair, Advocates’ Society Litigator’s Guide to the Business of Law, The Litigator’s Guide to the Business of Law (advocates.ca), May 26, 2021
• Presenter, Law Society of Ontario, Simplifying the Complex Motion “Certificates of Pending Litigation”, October 5, 2021
• Moderator: Advocates’ Society Speaker Series: “Legal Issues Surrounding Vaccine Mandates”, October 28, 2021
• David Milosevic is interviewed on “Canadian Justice” on the recent Supreme Court of British Columbia decision 2021 BCSC 2184 (CanLII) | Rogers v Rogers Communications Inc. | CanLII involving the battle for control at Rogers Communications Inc.  https://youtu.be/E3HPctqMBdA
• Presenter, Ontario Bar Association, Litigating Real Estate Matters, January 19, 2022
• Moderator, Advocates’ Society Speaker Series on the Business of Law, February 24, 2022
• Co-Chair, Ontario Bar Association, Persuasive Legal Writing, September 21, 2022
• Presenter, Ontario Bar Association, Business Development for Litigators, October 26, 2022
• Presenter, Law Society of Ontario, The Nuts & Bolts of Examinations for Discovery, June 1, 2023
• Presenter, Law Society of Ontario, The Art of Effective Client Communication, November 7, 2023
• Co-Chair, Ontario Bar Association, Persuasive Legal Writing, January 25, 2024
• Co-Chair, Ontario Bar Association, How to Get Your Cases Moving and Practice Direction Updates, February 22, 2024
• Presenter, Canadian Investment Regulatory Organization (CIRO), 2024 Annual Conference, “Dispute Resolution”, (resolving investor loss claims through mediation, arbitration or the courts), November 21, 2024. CCLS ESC Event Registration