David Green
dgreen@lindenlex.com | 416-861-9338 ext. 240
David joined Linden and Associates following his 2017 call to the Ontario Bar. He practices a broad range of civil litigation, which includes medical malpractice, occupiers’ liability, product liability, professional negligence, and sexual assault.
Prior to joining the firm, David summered and articled at a large national firm where he defended insurance companies, municipalities, and hospitals from personal injury and medical malpractice claims. Having been on the other side, David knows how defence counsel operates and is able to draw on this experience to effectively represent his plaintiff clients.
David obtained his J.D from Osgoode Hall Law School where he was the recipient of the Ivan Cleveland Rand Prize for excellence in Constitutional Law. He was also selected to participate in the law school’s Test Case Litigation Project where he mounted Charter challenges to federal and provincial legislation.
Outside of work, David enjoys spending time with friends and family. He is also a fitness enthusiast who never misses a day of high-intensity interval training.
Education:
JD, Osgoode Hall Law School – 2016
B.A (History), Yeshiva University – 2013
Bar:
Ontario, 2017
Notable Decisions:
2263921 Ontario Inc. v Gordon, 2024 ONSC 2498; successfully resisted appeal of deputy judge’s decision to stay abusive small claims court action in a contractor’s negligence case.
Bakhshi v. True North Climbing Inc., 2023 ONSC 5843; successfully resisted defendant’s appeal of a refusals motion in a rock-climbing negligence case
Ben-Margi v. Paiva, 2021 ONSC 6975; successfully argued contested motion seeking leave to amend pleadings to add claims for punitive damages and spoliation in a catastrophic motor vehicle accident case.
Maxwell v. 8580162 Canada Corp., 2018 ONSC 5504; successfully set aside default judgment resulting in a $24,288.65 cost award against the responding party (possibly the largest award of costs granted on a simplified rules motion)
Maxwell v. 8580162 Canada Corp., 2018 ONSC 4736; successfully resisted the plaintiffs’ rule 39 motion seeking leave to file further affidavit evidence after cross-examinations
The Estate of Maryam Asharzadeh v. Amin, 2019 ONSC 1024; argued landmark decision regarding the propriety of hypothetical questions in the medical malpractice context
Landry et al v Her Majesty the Queen in Right of Ontario, 2021 ONSC 1297; successfully resisted the Crown’s appeal of a refusals motion in a police negligence case
Lange, et al. v John Doe, et al (decisions and summaries published by the Ontario Trial Lawyers Association on November 10, 2020 and December 3, 2020); successfully moved for production of Schedule B material in a complex paramedic negligence case, defeating claims of solicitor-client and litigation privilege
Marshall v. Jackson, 2021 ONSC 2361; appeal of Master’s decision affirming the principle that professional defendants are discoverable with respect to their understanding of their professional obligations
David Green
416-861-9338 ext. 240dgreen@lindenlex.com
David joined Linden and Associates following his 2017 call to the Ontario Bar. He practices a broad range of civil litigation, which includes medical malpractice, occupiers’ liability, product liability, professional negligence, and sexual assault.
Prior to joining the firm, David summered and articled at a large national firm where he defended insurance companies, municipalities, and hospitals from personal injury and medical malpractice claims. Having been on the other side, David knows how defence counsel operates and is able to draw on this experience to effectively represent his plaintiff clients.
David obtained his J.D from Osgoode Hall Law School where he was the recipient of the Ivan Cleveland Rand Prize for excellence in Constitutional Law. He was also selected to participate in the law school’s Test Case Litigation Project where he mounted Charter challenges to federal and provincial legislation.
Outside of work, David enjoys spending time with friends and family. He is also a fitness enthusiast who never misses a day of high-intensity interval training.
Education:
JD, Osgoode Hall Law School – 2016
B.A (History), Yeshiva University – 2013
Bar:
Ontario, 2017
Notable Decisions:
2263921 Ontario Inc. v Gordon, 2024 ONSC 2498; successfully resisted appeal of deputy judge’s decision to stay abusive small claims court action in a contractor’s negligence case.
Bakhshi v. True North Climbing Inc., 2023 ONSC 5843; successfully resisted defendant’s appeal of a refusals motion in a rock-climbing negligence case
Ben-Margi v. Paiva, 2021 ONSC 6975; successfully argued contested motion seeking leave to amend pleadings to add claims for punitive damages and spoliation in a catastrophic motor vehicle accident case.
Maxwell v. 8580162 Canada Corp., 2018 ONSC 5504; successfully set aside default judgment resulting in a $24,288.65 cost award against the responding party (possibly the largest award of costs granted on a simplified rules motion)
Maxwell v. 8580162 Canada Corp., 2018 ONSC 4736; successfully resisted the plaintiffs’ rule 39 motion seeking leave to file further affidavit evidence after cross-examinations
The Estate of Maryam Asharzadeh v. Amin, 2019 ONSC 1024; argued landmark decision regarding the propriety of hypothetical questions in the medical malpractice context
Landry et al v Her Majesty the Queen in Right of Ontario, 2021 ONSC 1297; successfully resisted the Crown’s appeal of a refusals motion in a police negligence case
Lange, et al. v John Doe, et al (decisions and summaries published by the Ontario Trial Lawyers Association on November 10, 2020 and December 3, 2020); successfully moved for production of Schedule B material in a complex paramedic negligence case, defeating claims of solicitor-client and litigation privilege
Marshall v. Jackson, 2021 ONSC 2361; appeal of Master’s decision affirming the principle that professional defendants are discoverable with respect to their understanding of their professional obligations