Toronto boutique Roy O’Connor has, since its genesis in 2004, etched itself a position as an independent player in the market, free to straddle a mix of plaintiff and defense capacities. In particular, David O’Connor receives a pronounced level of praise for his role in some of the most hotly contested class-action matters in Ontario. “David is basically running the firm these days from the plaintiff
class-action perspective,” observes a peer. “He has a great combination of youthful energy and beyond-his-years experience, which greatly behooves him in taking on cases that involve real risk, particularly in the plaintiff role. David takes a very creative tack and it works.” In the plaintiff role, O'Connor has been pursuing various class actions for unpaid vacation and/or holiday pay: one, against RBC Dominion Securities, which was certified previously, and second against TD Bank, with a certification motion to be heard later this year. also commenced another unpaid holiday pay proposed class action against PepsiCo.
In September 2024, O'Connor and
Adam Dewar scored in obtaining certification for a continuing class action against Volkswagen that seeks compensation largely for purchasers or lessees who sold or returned their vehicle before the diesel emissions issue became public in the latter half of 2015, and who didn’t receive compensation as part of the prior settlements. In the defense capacity, O'Connor and
Sean Grayson succesfully defended a mutual fund dealer and its principals in a proposed class action alleging breach of fiduciary duty. The duo succeeded in having the certification motion dismissed in October 2024. Also in a defendant role, Grayson is part of the counsel team defending Pizza Hut franchisees and resisting the motion for certification by a plaintiff delivery driver. The claim alleges that the delivery drivers are misclassified as independent contractors and should be treated as employees.
