Title: Corporate / Business Litigation
Senior partner in the law firm Cox & Palmer office located in Charlottetown, P.E.I., David's major area of practise is in civil litigation and public law. He has extensive experience in a broad range of major civil disputes including corporate, commercial, construction, professional malpractice, labour and employment, human rights, land use and environment, and in municipal cases where he has acted for both plaintiffs and defendants. Having completed the UPEI Conflict Resolution Center program for a certified mediator, David has gained extensive experience with alternative dispute resolution (ADR) in a broad range of contexts including labour-management/employment law mediations, conciliations, rights and interest arbitrations; mediation/arbitration of legal disputes in the construction and commercial sectors; and in facilitations. David has been involved in numerous major transactions involving purchase and sale of businesses, re-structurings, workouts; tax driven re-organizations; and public private partnering, etc. He has been general P.E.I. counsel on various banking and insolvency matters to Royal Bank of Canada, HSBC Bank Canada, Scotiabank, Credit Unions, and also to other financial institutions from time to time. Also, David has a personal and professional interest in estate and succession planning for individuals and for family businesses.
Areas of Practice
Litigation Percentage 75%
Major cases have included establishing the right of employees to return to work after a lawful strike (PEISC); representing devlopers on land use and environmental disputes over major recreational resort proposals (PEI Land Use Commission); successful provincial electoral boundaries challenge by City of Charlottetown (PEICA); establishing Canadain Charter fo Rights & Freedoms protection for political beliefs of discharged employees PEISC, PEICA and SCC); successful defense of alleged abuse case against PEI Protestant Orphange (PEISC and SCC on a reference issue); and the successful defense of claims by 175+/- farmers against the Canadian Food Inspection Agency re its management of PVYn virus (NBQB, NBCA, SCC and a Mediation).
Past National Chair, Canadian Bar Association, Young Lawyers Division; Past National Chair, Canadian Bar Association, Law Practice Management & Technology Section; Past President, PEI Branch - Canadian Bar Association; Past Member of PEI Supreme Court Rules Committee; Member PEI Access to Justice Task Force (2001-2002); Past Chair Atlantic Chambers of Commerce; Director, Chamber Insurance Corporation of Canada;
I've conducted numerous client seminars on a wide range of topics in banking law; corporate commercial law; municipal law; malpractice defense; & law practice management.
Professional Activities and Experience
Partner Ross Hooley Douglas Murphy, Patterson Palmer, and Cox & Palmer 1978 - present and past managing partner of same; Past Chair Regional Management Committee Patterson Palmer - Atlantic Canada - 1998-2000; and Past director Cox & Palmer Regional Board.
Prince Edward Island (1975)
UPEI Conflict Resolution Center - Certified Mediator (2006); Dalhousie University (LL.B. 1974 , Scholarships: G.O. Forsythe; Dr. S.N. Robertson; and Sir Alistair Fraser); B.A. (University of Prince Edward Island, 1974, First Class Distinction); College Militaire Royal de Saint Jean 1969 - Senior Matriculation;