David Powrie
David was called to the Ontario Bar in 2004 and joined Evangelista, Barristers & Solicitors in 2006. Over that time, he has developed a reputation as a thorough and articulate advocate for his clients.
David practices exclusively as a litigator with an emphasis on insurance and commercial litigation. David's vast litigation experience includes the areas of environmental, municipal, product liability, general liability, coverage disputes and opinions, debtor-creditor, leasing and finance, guarantees, contract, real estate, and fraud.
David brings excellent inter-personal skills and sound advice to the handling of all matters. His success is built upon providing clients with advice as early in the litigation process as practical and offering various strategies towards a successful outcome.
David has successfully represented his clients in a number of Trials (Judge alone and Jury) and has appeared at all levels of court in Ontario, including the Ontario Court of Appeal. He has also represented the interest of his clients at numerous administrative bodies, including the Rental Housing Tribunal and Financial Services Commission of Ontario.
David is a member of The Advocates' Society and the Ontario Bar Association. He also frequently writes and speaks on important legal issues that affect his clients.
(416) 363-5587
dpowrie@evangelista.ca
David has practiced in various areas of litigation, including:
- Insurance Defence
- Environmental
- Municipal
- Employment
- Commercial
- Administrative
- Personal Injury
- Banking Litigation
Recent Decisions
Cook v. 1293037 Alberta Ltd. (Traveller's Cloud 9), 2016 ONCA 836
The plaintiff alleged that he was injured in a slip and fall suffered at an Alberta hotel. The plaintiff returned to Ontario, had back surgery and sued the hotel in the Ontario Superior Court. David represented the hotel and successfully argued that the action should not have been commenced in Ontario. Therefore, due to the jurisdiction argument, David successfully brought a motion and obtained a permanent stay of the action. Due to the limitations period, a separate action could not be commenced in Alberta. In 2016, David and Nick Galanis successfully defended the plaintiff's appeal of that decision. A unanimous Court of Appeal held that the plaintiff's action had no real and substantial connection to Ontario and would remain permanently stayed.
Norris Sylvite v. Raps, 2014 ONSC [unreported]
In 2013, David successfully obtained a complete dismissal of the motor vehicle accident claim against his client in a liability-only trial by jury. In August 2014, the trial judge, Justice Lack, awarded David's client $130,000.00 in costs and disbursements for the five-day trial and noted that David "did an extraordinarily good job of representing his client."
Papapetrou v. 1054422 Ontario Limited, 2012 ONCA 506, 111 O.R. (3d) 532
This summary judgment appeal has been recorded in the O.R., profiled by The Lawyers Weekly, and subsequently cited by Courts throughout Ontario. Andrew Evangelista and David represented the Appellant and the Court of Appeal held that the appeal should be allowed. In its reasons, the Court fashioned new law on the insurer's obligations, the duty to defend, indemnification, and breach of contract in the context of an insurance policy.
