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About David Duncan

David is counsel in our Fredericton office and is a member of the firm’s business dispute resolution, construction, and insolvency groups. He conducts a broad corporate and commercial dispute resolution practice through litigation, arbitration and mediation, with a concentration on corporate, commercial and insolvency litigation, class actions and shareholder, construction, and employment disputes.

David has represented both contractors and owners in all manner of construction disputes, including road building, mechanical construction, gas pipelines, power plants, and IT systems. His corporate and commercial litigation experience includes shareholder oppression claims and injunction applications. David has also been counsel to banks, other financial institutions, and creditors in asset recovery, mechanics liens, woodsman’s liens, bankruptcy, and Companies’ Creditors Arrangement Act litigation, and generally all manner of insolvency litigation.

David has been recognized by Best Lawyers in Canada for his practice in Construction law for the past two years and is also ranked in the 2014 Canadian Legal Lexpert® Directory. David is listed as Provincial Litigation Star under Class Actions, Commercial, and Insolvency Law in Benchmark Canada.

Notable Matters:

  • Most recently, David was counsel for the Beaverbrook Art Gallery in the arbitration of a dispute that involved trust law and the law of gifting in connection with ownership of art works valued in excess of $100 million. He is currently counsel to the Gallery before the New Brunswick Court in another dispute involving ownership of many other valuable works of art.
  • Neilson-Roso Pipeline v. Enbridge Gas New Brunswick Inc. – Counsel to Enbridge in the arbitration of a natural gas pipeline construction claim.
  • Zildjian v. Sabian Cymbals – Counsel to a minority shareholder in an oppression action.
  • 508073 N.B. Inc. v. Atlantic Lottery Corporation – Counsel to ALC in the successful defence of applications for injunctive relief.
  • Walsh v. Province of New Brunswick – Counsel to a former crown prosecutor in the defence of a wrongful conviction claim.

Education

  • LL.M., London School of Economics (1981)
  • LL.B., University of New Brunswick (1980)
  • B.B.A., University of New Brunswick (1976)

Bar Admissions

  • New Brunswick (1982)

Languages

  • English