B.A., J.D. | Partner
David Winer is a partner at Kagan Shastri LLP. David’s practice is focused on commercial litigation. He has appeared before various tribunals and all levels of courts in Ontario, representing a wide variety of clients.
David spent the first four years of his practice at a well-regarded, mid-sized, firm specializing in insolvency related litigation (and primarily the enforcement of secured and unsecured debt for large institutional clients). David joined Kagan Shastri LLP in 2001 and became a partner in 2006. Since joining Kagan Shastri LLP, David’s practice has expanded to include a wide variety of civil and commercial litigation including the following areas: collections; construction lien litigation; employment and wrongful dismissal cases (acting for both employers and employees); commercial tenancy disputes (acting for both landlords and tenants); real estate transaction disputes; boundary disputes (including easement and adverse possession claims); shareholder disputes; oppression remedy applications; enforcement of foreign judgments; estate litigation (including contested wills, intestacies and claims for constructive or resulting trusts).
In addition, David has acted for a number of bars and restaurants appearing before the Alcohol and Gaming Commission of Ontario on Public Interest and Disciplinary Hearings. For a list of reported and unreported cases in which David has acted, please click here.
David has been quoted by various newspapers concerning cases in which he was involved. For access to those articles, click here.
David, together with fellow partner Rahul Shastri, argued one of the leading cases dealing with injunctive relief in Ontario: Canpark Services Ltd. v. Imperial Parking Canada Corp. (2001), 56 O.R. (3d) 102,  O.J. 3915, 108 A.C.W.S. (3rd) 636) (S.C.J.).
David was an instructor at the Law Society Bar Admissions Course for the Civil Litigation section from 2005-2007.
David is a member of the Ontario Bar Association and the Advocates Society. He was the Loan Co-Chair for a community based, charitable, micro-lending organization.