David W. Levangie

David is a Partner in Fogler, Rubinoff LLP’s Litigation Group, recognized for his tenacity, strategic judgment, and relentless pursuit of results in complex commercial disputes.

David regularly acts as lead counsel in complex litigation and arbitrations before all levels of court in Ontario and the Federal Courts, as well as before arbitral and administrative tribunals. His practice spans a broad range of commercial matters, including shareholder and partnership disputes, fraud and asset recovery, and large-scale insolvency and restructuring-related litigation. He has extensive experience managing multifaceted disputes involving multiple stakeholders, high financial exposure, and urgent strategic considerations.

He has particular expertise in obtaining and defending extraordinary equitable remedies, including Mareva, Anton Piller, and other interlocutory injunctions. David is frequently retained in urgent, high-risk situations requiring immediate court intervention to preserve assets, secure evidence, or maintain the status quo. He is adept at navigating the evidentiary and strategic complexities of these motions and has a strong track record of success in time-sensitive proceedings.

Beyond the courtroom, David is a trusted advisor, valued for his commercial insight, responsiveness, and ability to anticipate risk and opportunity. He has built a significant independent practice and is known for coordinating multidisciplinary teams to deliver seamless, strategic outcomes.

David exhibits leadership within and beyond the firm. He currently chairs the firm’s Artificial Intelligence Taskforce and plays an active role in diversity and inclusion initiatives. A committed mentor, he is deeply invested in developing junior lawyers and fostering excellence within the profession.

A former member of the Canadian Armed Forces, David brings discipline and resilience to his practice. He was a recipient of the Lexpert Rising Stars award for leading lawyers under 40 in Canada, and the University of Ottawa’s Outstanding Alumni Award.

Case Highlights

• David acted for a director and owner of Canada’s largest private lending enterprise in a $1.5 billion action brought by PwC which was appointed as receiver over the enterprise by the Court. The action alleges a pattern of misconduct, including breaches of fiduciary duty, oppression, fraud, and the misappropriation and diversion of investor funds, in connection with the management and deployment of hundreds of millions of dollars raised from investors.

• David obtained a $12 million judgment on behalf of a large Singapore-based casino against a China-based billionaire. Following judgment, he successfully traced and located assets that had been moved into Canada, secured a Mareva injunction freezing approximately $35 million, and ultimately leveraged that recovery strategy to achieve a favourable negotiated resolution.

• David defended a client in connection with actions brought by senior and subordinate construction lenders to enforce guarantees for $200 million and $595 million related to one of the largest development projects in Canada.

• David defended former executives of a large technology/payroll management company from a $20 million claim alleging that the departing executives had breached their restrictive covenants, established a competing business, and stole confidential information. David succeeded in having the plaintiff’s injunction dismissed at the interlocutory injunction stage and obtained a six-figure cost award for his clients. More importantly, his clients were free to continue pursuing their new enterprise.

• David acted as counsel for Kimberley Fawcett in her high-profile and precedent-setting case stemming from a catastrophic accident in which she lost her infant son and sustained life-altering injuries, including the amputation of her leg. In the years that followed, Captain Fawcett pursued disability benefits and recognition from the federal government, challenging decisions that denied or limited her entitlement to compensation on the basis of how the incident was characterized under applicable military compensation regimes. David advanced her claims through a complex and protracted process, challenging adverse determinations and pressing for a fair interpretation of the governing compensation framework. His advocacy succeeded in elevating the case, both legally and publicly, and in holding decision-makers accountable for Captain Fawcett’s injuries and recognizing her service.