David Klein, Managing Partner

David Klein is one of Canada’s top class action lawyers. David’s practice is national in scope. He was plaintiffs’ counsel in the first class actions certified in British Columbia, Manitoba and Newfoundland & Labrador, and has been appointed by Ontario judges to represent the interests of British Columbians in several Ontario cases. Recognized by Lexpert Survey as one of the most frequently recommended lawyers in class action litigation, by Best Lawyers in Canada as leading counsel in class action litigation, and by Benchmark Canada as a local litigation star, David has recovered hundreds of millions of dollars for thousands of victims in a wide range of landmark lawsuits including:

  • Defective drugs and medical devices
  • Securities misrepresentations
  • Pension and retirement benefits
  • Deceptive marketing
  • Food poisoning outbreaks
  • Institutional negligence
  • Environmental class actions

David was President of the Trial Lawyers Association of British Columbia in 1998-99. David is a prolific writer and speaker on legal issues. He is the author of two legal texts and has given over 100 papers and presentations to groups that include UBC Faculty of Law, University of Victoria Faculty of Law, Queen’s University Faculty of Law, Osgoode Hall Law School, Sauder School of Business, Canadian Bar Association, Manitoba Bar Association, Quebec Bar Association, Continuing Legal Education Society of B.C., Trial Lawyers Association of B.C., Saskatchewan Trial Lawyers Association, Ontario Trial Lawyers Association, American Association for Justice, Canadian Institute, Insight, Mealeys, Federated Press and Professional Liability Underwriting Society.

David was counsel for the plaintiffs in the first class action certified in British Columbia, the first class action certified in Manitoba, the first class action certified in Newfoundland and Labrador, the first tobacco class action certified in Canada and the first prospectus misrepresentation class action certified in Canada.

David is a member of the British Columbia, Ontario and Washington State bars.

Practice Areas – Class Action

Bar Memberships

  • British Columbia (1992)
  • Ontario (1980)
  • Washington State (1995)

Professional Affiliations

  • Law Society of British Columbia
  • Law Society of Upper Canada
  • Washington State Bar Association
  • Trial Lawyers Association of British Columbia
  • Canadian Trial Lawyers Association
  • American Association for Justice

Landmark Cases

Harrington v. Dow Corning Corp. (silicone breast implants)

Killough v. Canadian Red Cross Society (hepatitis C tainted blood)

Sawatzky v. Societe Chirurgicale Instrumentarium Inc. (defective jaw implants)

Fischer v. Delgratia Mining Corp. (securities misrepresentation)

Pausche v. B.C. Hydro et al. (hydro dam flood)

Delf v. Merit Energy Ltd. (securities misrepresentation), 10 July 2000, Calgary Action No. 0001-01899 (Alta. Q.B.)

Knudsen v. Consolidated Food Brands Inc. (e-coli outbreak from tainted meat products)

Pearson v. Boliden Ltd. (securities misrepresentation)

Wilson v. Servier Canada Inc. (harmful diet drugs — Pondamin and Redux)

Dalhuisen v. Maxim’s Bakery Ltd. (salmonella food poisoning outbreak)

Williams v. College Pension Board of Trustees (pension surplus)

Andrews v. Air Canada and Air Canada Regional Inc. dba AirBC (retiree benefits), 26 February 2003, Vancouver Registry S014582 (B.C.S.C.)

Fakhri v. Alfalfa’s Canada Inc. (c.o.b. Capers Community Markets) (hepatitis A food poisoning outbreak)

Lamb v. Bayer Inc. (defective cholesterol medication – Baycol)

Young v. Shell Canada Ltd. (faulty fuel additive), 12 December 2003, Vancouver Registry L021060 (B.C.S.C.)

Pinkson v. Shell Canada Ltd. (faulty fuel additive), [2004] O.J. No. 42

Lieberman v. Business Development Bank of Canada (pension surplus)

Pardy v. Bayer Inc. (defective cholesterol medication – Baycol)

Walls v. Bayer Inc. (defective cholesterol medication – Baycol)

Knight v. Imperial Tobacco Canada Limited (deceptive marketing of light cigarettes)

Rideout v. Health Labrador Corp. (failure to sterilize medical instruments)

Ruddell v. B.C. Rail Ltd. (pension surplus)

T.L. v. Alberta (Director of Child Welfare) (failure to make injury claims)

Jeffery v. Nortel Networks (securities misrepresentation)

Bellan v. Curtis et al. (securities misrepresentation)

Birrell v. Providence Health Care Society (failure to sterilize transplant tissue)

Richard v. HMTQ (institutional abuse of disabled children)

Stanway v. Wyeth Canada Inc.(hormone replacement therapy)

Chalmers v. AMO Canada Company (contaminated contact lens solution)

Doucette v. Eastern Health (inaccurate cancer tests)

Schroeder v. DJO Canada (pain pumps)

Jones v. Zimmer (defective hip implants)

Miller v. Merck Frosst (sexual dysfunction caused by hair loss drug)

Logan v. Dermatech (defective dermal filler)

Bartram v. GlaxoSmithKline  (Paxil Birth Defects)