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David
M. Porter

Partner

Toronto

Contact by email at [email protected]

t. 416-601-7870

3296

Law School

University of Toronto

Bar Admission

Ontario, 1983

David Porter is the head of the firm’s White Collar Defence and Investigations practice, which is ranked in the Chambers Canada Guide as Band 1. He is a Fellow of the American College of Trial Lawyers.

David has appeared as counsel on numerous criminal trials in the Superior Court of Justice and appeals in criminal matters in the Ontario Court of Appeal. He has acted for the Criminal Lawyers’ Association (Ontario) in the Supreme Court of Canada. He has also been engaged in both prosecuting and defending professionals before disciplinary tribunals. He has frequently appeared as trial and appellate counsel for self-regulating professional colleges in Ontario.

David is a member of the National Executive of the Criminal Justice Subsection of the Canadian Bar Association, and sits as the Canadian Bar Association member on the “Steering Committee on Justice Efficiencies and Access to the Justice System”, a national committee of judges, Crown counsel and defence counsel. He is the Law Society of Upper Canada representative on the Ontario Judicial Council. He is the North American Regional Representative in the Criminal Law Section of the International Bar Association.

From 1996 to 1998, he was a member of the adjunct faculty of the University of Toronto Faculty of Law, where he taught trial advocacy, and he currently teaches the LLM course in Evidence at Osgoode Hall Law School.

David received his BA from Queen’s University, his MA from the University of Sussex and his LLB from the University of Toronto. 

RECENT ACTIVITIES

  • Mr. Porter was recently successful in his defence of the former CEO of Nortel in a lengthy fraud prosecution. The acquittal is reported as R. v. Dunn 2013 ONSC 137. In the course of the prosecution, judgment was received from Boswell, J. on December 31, 2009 in R. v. Dunn (2009) 251 C.C.C. (3d) 384 ordering the Crown to make its database of Crown disclosure fully searchable for the defence. The decision is a leading authority on electronic disclosure of voluminous documentation in criminal cases.
  • In 2009, Mr. Porter obtained a new trial for his client, following a Crown appeal, in Regina v. Stucky 2009 ONCA 151. This case was a lengthy and complex prosecution by the Competition Bureau formisleading advertising.
  • On December 24, 2010 Mr. Porter received the judgment acquitting his client in Regina v. De Zen et al, 2010 ONCJ 630, a lengthy fraud prosecution in which his client, the former CFO of Royal Group Technologies Limited, was acquitted of two counts of fraud.
  • Mr. Porter was the lead author of “The Significance of Police Misconduct in the Analysis of s. 8 Charter Breaches and the Exclusion of Evidence under s. 24(2) in R. v. Grant, R. v. Harrison and R. v. Morelli” (2012), 58 The Criminal Law Quarterly, p.510.
  • Mr. Porter frequently participates in numerous continuing education programs dealing with criminal law and professional discipline proceedings. Recently he sat on a L’Expert panel in Toronto to discuss the public corporation's response to a police investigation of the alleged corruption of a foreign public official.