David P. Jacobs


partner

Lindsay Corolis
Administrative Assistant
LCorolis@wjm-law.ca

  • Bio
  • Education & Affiliations
  • Decisions
  • Publications

David P. Jacobs is a senior partner at the firm of Watson Jacobs McCreary LLP. He has practiced for over 36 years in the areas of labour relations, professional regulation, international criminal law, human rights, employment law, health law, civil litigation, insolvency, constitutional law and administrative law. He represents unions, professional regulators, boards, organizations and individuals before tribunals and courts at all levels in Canada. He has appeared before Boards of Inquiry and parliamentary committees.


David is experienced in alternative dispute resolution. He acts as a mediator for the Licence Appeal Tribunal and has been effective in resolving hundreds of accident benefits disputes over the past two years


David acts as independent legal counsel to professional regulation, discipline and licensing tribunals. He is General Legal Counsel to the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board.


David is admitted to the International Criminal Court's List of Counsel. He is the elected Chair of the Legal Advisory Committee of the International Criminal Court Bar Association and is an elected member of the Defence Committee of that Association. He has acted as lead defence counsel in proceedings before the Trial and Appeal Chambers of the United Nations International Criminal Tribunal for Rwanda.


David is a lecturer, writer and media commentator on legal issues. He is active in professional associations in Canada and internationally. He is a member of the Association of Defence Counsel Practising before the International Courts and Tribunals. David is a member of the Public Affairs Committee of the Ontario Bar Association and past Chair of the Constitutional and Civil Liberties Section of the Canadian Bar Association (Ontario). David is the author of, among other publications, a section in the leading text, Macaulay’s Practice and Procedure Before Administrative Tribunals.


David has very extensive practical experience in labour, administrative and regulatory law and practice, arbitration, judicial review, negotiations, interlocutory motions and appellate advocacy. He provides expert, practical and experienced advice to clients.

Education

  • Called to the Bar of Ontario in 1983
  • Articling Student: Ontario Labour Relations Board; Blake, Cassels from 1981-1982
  • LL.B. - Osgoode Hall Law School in 1981
  • M.A. Sociology, McMaster University in 1978
  • B.A. (First Class Honours) Psychology, York University in 1974

Affiliations

  • The Advocates’ Society
  • Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT)
  • Canadian Council of Administrative Tribunals
  • Canadian Institute for the Administration of Justice
  • Council of Tribunal Counsel
  • International Commission of Jurists
  • International Criminal Court Bar Association (Chair, Legal Advisory Committee, 2016-2017)
  • Lawyers for Canada-Mexico Cooperation
  • League for Human Rights of B’Nai Brith Legal Committee (to 2001)
  • Medico-Legal Society of Toronto
  • Ontario Bar Association
    • Co-Chair of the Canadian Bar Association (Ontario) 1998 Institute of Continuing Legal Education Programme on Conducting a Professional Disciplinary Hearing
    • Public Affairs Committee
    • Provincial Council - 1993 – 1994
    • Constitutional and Civil Liberties Executive 1987 - 1995 (Section Chair, 1993 - 1994)
    • Health Law Section Executive (Legislative Coordinator and Government Liaison 1997)
    • Continuing Legal Education Spring Committee 1989
    • Labour Law Section Executive (various years)
  • Society of Ontario Adjudicators and Regulators

Universal Workers Union v. Maystar General Contractors Inc. [2016] O.J. No. 4733, 2016 ONSC 5691

Bricklayers and Stonemasons Union Local 2 (Trustees of) v. Ontario (Information and Privacy Commissioner), [2016] O.J. No. 4395, 2016 ONSC 3821

Waterloo Catholic District School Board v. Canadian Union of Public Employees, Local 2512 (Wage Payment Grievance),[2016] O.L.A.A. No. 290

Rew v. Assn. of Professional Engineers of Ontario (Discipline Committee), [2016] O.J. No. 3305, 2016 ONSC 4043

Valair v. Stoddart, [2016] O.J. No. 2241, 2016 ONSC 2896

Fragomeni v. Greater Sudbury (City) Police Service, [2016] O.J. No. 419, 2016 ONSC 228

Bartley v. Camino Modular Systems Inc., [2016] O.H.R.T.D. No. 518

Bernstein v. Health Professions Appeal and Review Board, [2015] O.J. No. 5773, 2015 ONSC 6724

Papazian v. Ontario College of Pharmacists, [2015] O.J. No. 3253, 2015 ONSC 3929

Garcia v. Liuna Local 1059 Members Benefit Trust (Trustee of), [2015] O.J. No. 1694, 2015 ONCA 230, (2015) 383 D.L.R. (4th) 460

Campbell-Alldis v. Workers Health and Safety Centre, [2015] O.H.R.T.D. No. 1286

Mechanical Contractors Assn. Sarnia v. United Assn. of Journeymen and Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, Local 663, [2014] O.J. No. 5706, 2014 ONSC 6909, (2014) 26 C.C.E.L. (4th) 226

Nutakki v. Health Professions Appeal and Review Board, [2014] O.J. No. 4391, 2014 ONSC 5396

Ontario v. Marsden, [2014] O.J. No. 2541, 2014 ONSC 3230

Toronto Public Library Board v. Toronto Public Library Workers Union (Superior Duty Pay Grievance),[2013] O.L.A.A. No. 191

Loflan Group Inc., [2013] O.L.R.D. No. 2567

Al Baba v. College of Nurses of Ontario, [2013] O.J. No. 5392, 2013 ONSC 7335

Reyhanian v. Health Professions Appeal and Review Board [2013] O.J. No. 1292, 2013 ONSC 297

Fielden v. Health Professions Appeal and Review Board [2013] O.J. No. 2947, 2013 ONSC 4261

Chauhan v. Health Professions Appeal and Review Board [2013] O.J. No. 2056, 2013 ONSC 1621

Armogan v. Health Professions Appeal and Review Board [2013] O.J. No. 2589, 2013 ONSC 3095

Hefzi-Yekta v. Health Professions Appeal and Review Board [2012] O.J. No. 6141, 2012 ONSC 6981

Dufferin Concrete (Bowmanville& Whitby Plants) v. Teamsters, Local Union No. 230 (Taylor Grievance), [2012] O.L.A.A. No. 478, (2012) 224 L.A.C. (4th) 71, (2012)112 C.L.A.S. 192, 2012 CarswellOnt 11445

Skyline Hotels & Resorts Inc. (c.o.b. Phantages Hotel & Spa) v. United Food and Commercial Workers International Union, Local 333 (Room Assignment Grievance),[2012] O.L.A.A. No. 520

Barbosa v. Ontario (Health Professions Appeal and Review Board) [2012] O.J. No. 2162, 2012 ONSC 1761

Oromitan v. Ontario (Health Professions Appeal and Review Board) [2012] O.J. No. 5489, 2012 ONSC 6501

Covey v. Ontario (Health Professions Appeal and Review Board) [2012] O.J. No. 5407, 2012 ONSC 6122

Ajao v. College of Nurses of Ontario [2011] O.J. No. 5280

Sunnybrook Health Sciences Centre v. Davidson (2011) ONSC 2065

Balbaa v. Assn. of Professional Engineers of Ontario [2009] O.J. No. 822

Wilson v. Bourbeau, [2009] O.J. No. 1841

Construction Workers Local 52 v. Ontario (Labour Relations Board) [2009] O.J. No. 2912

Sanderson-Harold Co. v. United Brotherhood of Carpenters and Joiners of America, Central Ontario Regional Council of Carpenters, Local 1072 (Pardy Grievance),[2009] O.L.A.A. No. 511

Van Horne Construction Ltd. [2008] O.L.R.D. No. 3172

Walker v. Health Professions Appeal and Review Board, [2008] O.J. No. 661, 234 O.A.C. 127

Greenwald v. Ontario (Health Professions Appeal and Review Board), [2008] O.J. No. 4844

Toronto Civic Employees Union, Local 416 v. Toronto Public Library Board (Santos Grievance)[2008] O.L.A.A. No. 336

Aluma Systems Inc. [2008] O.L.R.D. No. 983

Joe's Woodcraft of Windsor Ltd. v. United Brotherhood of Carpenters and Joiners of America, Carpenters' Union, Loc. 170, [2008] O.L.A.A. No. 521

Botros v. Beadle [2007] O.J. No. 3156

Mr. G (Re) 2007 CIRB No. 339, [2007] C.I.R.B.D. No. 26, (2007) 157 C.L.R.B.R. (2d) 234

London (City) v. London Civic Employees' Union, Loc. 107 (Winter Control Grievance), [2007] O.L.A.A. No. 130

Botros v. Beadle [2006] O.J. No. 2599

Tsai v. Health Professions Appeal and Review Board [2005] O.J. No. 397

Drake v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 755

Richman v. Health Professions Appeal and Review Board, [2005] O.J. No. 826

In the Matter of the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended(2005) 78 O.R. (3d) 254

Stelco Inc. (Re), [2005] O.J. No. 4733

Spodek v. Fortsas[2004] O.J. No. 1564

United Steelworkers of America Local 1005 v. Stelco Inc., [2004] O.J. No. 981

The Prosecutor v. ElizaphanNtakirutimana and Gérard NtakirutimanaCase No. ICTR 96-10-A and 96-17-A, 4 December 2004

Detchev v. Health Professions Appeal and Review Board, 2004 CanLII 1651

Stelco Inc. (Re), [2004] S.C.C.A. No. 336

Flowers v. Health Professions Appeal and Review Board, [2004] O.J. No. 1252

Georges Anderson NderubumweRutaganda v.The Prosecutor Case No. ICTR 96-3-A, 26 May 2003

Edmunds v. McMaster and Consent and Capacity Board [2003] O.J. 3586

B.K. v. Franklin, [2003] O.J. No. 6102

Sigesmundv. Royal College of Dental Surgeons, [2003] O.J. No. 1806

Stanley v. Health Professions Appeal and Review Board, (2003), 5 Admin. L.R. (4th) 112,(2003), 172 O.A.C. 56

Tran v. Klebanoff, [2002] O.J. No. 2474

College of Physicians and Surgeons of Ontario v. Payne [2002] O.J. No. 3574

Rathé v. Health Professions Appeal and Review Board (2002), 49 Admin.L.R. (3d) 69,(2002), 166 O.A.C. 161

Balshin v. Ontario [2001] O.J. No. 1175,

Olsten Services Inc. [2000] OLRB Rep July/August 757

Stelwire Ltd. v. United Steelworkers of America, Loc. 5328 (Summer Relief Grievance) [2000] O.L.A.A. No. 123

Stelwire Ltd. v. United Steelworkers of America, Loc.5328 (Court Grievance) [2000] O.L.A.A. No. 201

Wozniak v. Health Professions Board [2000] O.J. No. 1270

Modi v. Ontario (1996), 27 O.R. (3d) 762

Ontario (Health Professions Board) (Re), 1999 CanLII 14403

Bongard v. Health Professions Board [1997] O.J. No. 1882

Simanek v. Train [1995] O.J. No. 1446

Simanek v. Health Disciplines Board [1994] O.J. 2445

Board of Education for the City of Hamilton, [1992] O.L.R.D. No. 3062

Fiorino v. Smith, [1990] O.J. No. 834

683481 Ontario Ltd. v. Beattie, [1990] O.J. No. 1626

The Great Debate: Open Courts vs. Privacy Rights, Symposium 2016 – At a Glance, “Back to the Future: Redefining Tribunal Excellence”, Council of Canadian Administrative Tribunals, Ottawa, May 30, 2016

Examining Witnesses before Administrative Tribunals with Demonstrations and Commentary, A Special Litigation Presentation: Administrative Tribunal Advocacy, The Advocates’ Society, March 31, 2016

The Beginning of the End: Opening and Closing, A Special Litigation Presentation: Administrative Tribunal Advocacy, The Advocates’ Society, March 31, 2016

Complaint Reviews before the Health Professions Appeal and Review Board, (2015), 44 Adv. Q. 42

How the International Criminal Law Movement Undermined International Law—Michael Mandel’s Groundbreaking Analyses, in Justice Belied, The Unbalanced Scales of International Criminal Justice, Sébastien Chartrand and John Philpot (Eds.) (Montréal; Baraka Books, 2014)

Administrative Justice, Ethics & the Media, panellist, SOAR/OPD Administrative Ethics Webinar, Osgoode Professional Development, Osgoode Hall Law School, August, 2014

Health Professions Appeal and Review Board, The Osgoode Certificate in Professional Regulation & Discipline in the Ontario Health Care Sector, June 4, 2014, Osgoode Professional Development

Rule 2.05 - Transfer Between Law Firms, Practice Management and the Rules of Professional Conduct, January 28, 2014, The Commons Institute, Understanding the Proper Uses of Investigative Information, June 11, 2013, Conducting Regulatory Investigations, The Canadian Institute, Ottawa

What's next? Solution-based adjudication or adjudication as a "healing profession", May 27, 2013, panelist, Evolution or Revolution: Administrative Justice in a Radically Changing World Council of Canadian Administrative Tribunals, Toronto

Administrative Law Blast, 2012, panellist, Navigating Troubled Waters: Current Issues in Administrative Justice, SOAR’s 24th Annual Conference of Ontario Boards and Agencies (COBA 2012), November 1, 2012, the Society of Ontario Adjudicators and Regulators, at Toronto

Labour Mobility Through a Regulator’s Lens, Quality Regulation Across The Spectrum, November 9, 2012, Canadian Network of National Associations of Regulators, 2012 CNNAR Canadian Regulators Conference, at Ottawa

Human Rights and the Professional Regulator in the 21st Century, November 4, 2011, panelist, Canadian Network of National Associations of Regulators, 2011 Canadian Regulators Conference

After the Tribunal (or Board) Has Spoken: Preparing or Responding to an Application for Judicial Review, panellist, April 2011, Ontario Bar Association, Your First Judicial Review (with Danna Morrison)

Don't Demonise Rwanda's Hutus. They've often been the victims, (with Prof. Alexander Zahar), June 13, 2008, The Guardian, p. 41

The Role of Tribunal Counsel, November 2, 2006, 18th Annual Conference of Ontario Boards and Agencies, “Administrative Justice Through the Looking-Glass”, the Society of Ontario Adjudicators and Regulators at Toronto

Professional Discipline and Private Conduct: When is the Licensee a Private Citizen? September 2, 2003, 2003 Conference of the Council of Licensure, Enforcement and Regulation, at Toronto.

Information and Evidence in the Complaints and Discipline Processes, May, 2002;Infonex: Training Discipline Committee Members, Toronto

Legal Issues in the Assessment of Foreign Credentials, Shaping the Future, organised by Human Resources Development Canada and Citizenship and Immigration Canada.

Ontario’s Health Professions Board, March 1997, Infonex - Professional Misconduct in the Health Care Sector

Ontario’s Health Professions Board, Carswell Thomson Professional Publishing, Toronto, Macaulay’s Practice and Procedure Before Administrative Tribunals (Loose-leaf format)

Is Failsafe Safe? December 1993, Canadian Bar Association (Ontario), in Labour Law in Hard Times

Report on Mandatory Drug Testing, 1987, Co-author, Canadian Bar Association (Ontario)

Insolvency Reform and the Role of Unions in Restructuring (with Kenneth T. Rosenberg and Emily Lawrence), in Ontario Bar Association 2006 Institute of Continuing Legal EducationLabour and Employment - Reinventing Labour Law: Thinking Outside the Contracts Box.

Acknowledgement in George C. Adams, Q.C., Canadian Labour Law, 1985, Canada Law Book.