Biography
Dave has been practising law for over 45 years encompassing virtually all aspects of civil litigation. Specializing in corporate and commercial litigation, Dave has appeared in trial courts of Manitoba, Saskatchewan, Alberta and the Federal Court, as well as the Manitoba Court of Appeal, the Federal Court of Appeal, the Tax Court of Canada, and as lead counsel on four matters before the Supreme Court of Canada. Dave has taught both agency and insurance law at the University of Manitoba Law School and was the first Manitoban litigator to be selected as a Fellow of the Litigation Counsel of America.
Outside of his practice, Dave has served on the Board of Directors for the Manitoba Heart & Stroke Foundation, St. Charles Country Club, St. John’s Ravenscourt School and the Winnipeg Football Club. His hobbies include golf, coaching high school hockey, and spending time with his wife and two adult children. Dave is a proud alumnus of Dartmouth College where he played NCAA Division 1 hockey and golf.
B.A. Dartmouth College 1971
LL.B. University of Manitoba 1975
Limitation Dates in Manitoba
- Rarie v Maxwell, [1997] M.J. No. 613, [1998] M.J. No. 588 (landmark case in Manitoba that the judge made discoverability rule does not apply in Manitoba)
- Hughes v Bob Tallman Investments Inc., [2004] M.J. No. 214, [2005] MJ No. 16 (landmark case in Manitoba that the limitation date for oppression remedy is 6 years from discovery of oppression reversing earlier Court of Appeal decision that the limitation date was 6 years from date cause of action arose)
Oppression
- Danylchuk v Ataliotis & Wolinsky, [2007] M.J. No. 80 (affirmed on appeal) (judge in first instance ordered the return of half of the investors’ money – motion granted based on affidavit material alone)
- Katz v Babkat, (2011 MBQB 276) (affirmed on appeal 2012 MBCA 68) Successfully obtained an oppression order against a 50% partner in a revenue producing business.
- Hatskin v Prober et al, (2011 MBQB 216) Successfully defended an oppression application on behalf a 50% owner of a privately held company with revenue properties.
Note: In all three of these cases, our clients were successful notwithstanding that Mr. Hill chose not to cross-examine any of the opposing parties on their affidavits.
- Rady v Silpit Industries, 2014 MBQB 145 Obtained a just and equitable order under s.207 of The Corporations Act, with the Judge finding in favour of our clients that their shares be bought out at fair value by the defendant corporation or the other shareholders in a small privately held company. Determination of fair value to be decided by an arbitrator. Value of the corporation approximately $9M
- Tapper v Tapper, QB File CI10-01-69727 Obtained an order requiring the 75% shareholder in a small privately held company to buy out the 25% shareholder, with the valuation to be determined by a Queen’s Bench Judge at a hearing in early December, 2014. Valuation of the real estate assets of the holding company between $80M – $100M
Breach of Contract
- CAE Industries Ltd. v Her Majesty the Queen, [1982] F.C.J. No. 605 (letter from three Cabinet Ministers said to be political assurance was found to be a valid and enforceable agreement with judgment for the plaintiff in excess of $2.0 million)
- Domo Gasoline Corporation Ltd. v Shell Canada Limited, [2006] M.J. No. 392 (collateral contract enforced and judgment in favour of the plaintiff for over $6 million)
- Barcode Systems Inc. v Symbol Technologies Canada Inc., [2007] M.J. No. 4 (under appeal) (two issues of interpretation severed for the purpose of trial – interpretation most favourable to defendant accepted by the court, effectively removing plaintiff’s claim for over $3.0 million)
Wrongfully Inducing Breach of Contract
- Chalmers v Dominion Lumber Winnipeg Ltd. and others, [1999] M.J. No. 312 (officers and directors of contracting corporation found liable)
- W. Holdings v T., [2007] MBQB 58 (officers and directors of contracting corporation found liable; punitive damages awarded)
- Mount Baker Enterprises v Big Rig Collision Inc., [1990] M.J. No. 118, [1990] M.J. No. 581
Construction
- Bird Construction v Theo C. Ltd, [2006] M.J. No. 86, [2007] MBCA 17 (under cost plus contract, contractor awarded the full amount owing and owner’s counterclaim for alleged deficiencies dismissed in total)
Taxation
- TransCanada PipeLines Limited v The Government of Manitoba Successfully defended the Government of Manitoba, Taxation Department, in a suit by TransCanada PipeLines Limited to set aside a tax assessment of $3.0 million (later overturned on appeal)
Environmental
- 2261324 Manitoba Ltd. v Domo Gasoline Corporation Ltd., [1995] M.J. No. 488, [1996] M.J. No. 238 (affirmed on appeal) (application for mandatory injunction by landlord to require remediation by the tenant during the currency of the lease dismissed)
- Westfair Properties Ltd. v Domo Gasoline Corporation Ltd., [1999] M.J. No. 1, [1999] M.J. No. 532 (affirmed on appeal) (action for damages in breach of contract, negligence, nuisance, escape of dangerous substance dismissed)
Ontario Superior Court
- Pikangikum First Nation v Nault, (2010 ONSC 5122) Successfully defended a former Federal Minister of Indian and Northern Affairs in a case alleging misfeasance in public office where, if liability had been found, the damages were approximately $50 million.
Vicarious Liability for the Actions of an Agent
- Mignault v Great West Life Assurance Company, 2013 MBQB 300. Successfully represented two customers of the defendant corporation in a suit against the defendant corporation for the fraudulent actions of one of its agents. Damages in the area of $600,000 were awarded.
Estate Litigation
- Hoffman v Heinrichs, 2012 MBQB 133, 2013 MBCA 63 . Successfully defended the sole beneficiary of an estate worth over $2 million against claims of lack of testamentary capacity, duress and undue influence.
Limited Partnership
- Lake Louise Limited Partnership v Canad Corporations of Manitoba Ltd., 2013 MBQB 67. Succeeded in having the Court of Queen’s Bench adopt an interpretation of a “gross revenues” clause in a limited partnership agreement arising out of the joint ownership of a Winnipeg and Brandon casino and hotel operation. Going forward, the result means that the defendant Canad will obtain hundreds of thousands of dollars each year for the balance of the limited partnership agreement up to 2025.
Mandamus and Contempt
- The City of Winnipeg was found in contempt for failing to abide by the Mandamus Order. 6165347 Manitoba Inc. et al v The City of Winnipeg 2019 MBQB 121
Supreme Court of Canada
- Dave has appeared before the Supreme Court of Canada on 4 occasions as lead counsel as well as on numerous leave applications when they were required to be presented in person, for example:
- Stuart Olson Dominion Ltd., formerly known as Dominion Construction Company Inc. v Structal Heavy Steel, A Division of Canam Group Inc. [2015] SCC 43, a leading case in relation to the trust provisions of builder’s lien legislation
- Marchischuk v Dominion Industrial Supplies Ltd., [1989] M.J. No. 75, [1989] M.J. No. 545, [1991] S.C.J. No. 44 (adjuster’s conduct after limitation date expired not amounting to estoppel)
- Siemens (Winkler Inn) v Attorney General of Manitoba, [2000] M.J. No. 417, [2000] M.J. No. 588, [2003] 1 S.C.R. 6 (provincial legislation providing local option to hold a referendum on VLTs ruled constitutional)
Arbitration Matters of Public Record
- Domo Gasoline Corporation Ltd. v 2129752 Manitoba Ltd., 2014 MBQB 87 Obtained leave to appeal (Joyal J, January 15, 2014) an arbitrator’s award and then successfully appealed the arbitrator’s award. The result was the matter was remitted back to the arbitrator to hear further evidence.
Outside the practice of law, he has served on the Board of Directors of the Manitoba Heart & Stroke Foundation, St. Charles Country Club, St. John’s-Ravenscourt High School and the Winnipeg Football Club. His hobbies have included golf and coaching hockey at the high school level. He is married with two adult children.
