Overview

### Bio
David M. Lobl is a partner and litigation lawyer in Gowling WLG's global Private Client Services Group. He is also co-leader of the firm's National Private Client Services Group. Based in Toronto, his practice is focused on contentious estate, trust and capacity matters, including estate administration, fiduciary, estate and capacity litigation and alternative dispute resolution.
Recognized for his trusts and estates expertise by the *Chambers High Net Worth Guide, Canadian Legal Lexpert Directory* and *Best Lawyers in Canada*, David represents trust companies, government agencies, guardians of property, attorneys for property, estate trustees and other individuals in matters involving:
- Contested passing of accounts
- Validity of wills
- Estate claims
- Breach of trust actions
- Dependant support claims
- Undue influence claims
- Will interpretations
- Variation of trusts
- Trustee disputes
As preferred counsel for LawPRO, David acts on matters of professional negligence with respect to estate and trust issues, including defending solicitor negligence claims and working with the Canada Revenue Agency in matters involving voluntary disclosures under the *Income Tax Act* and rectifications/repairs to defective wills and trusts.
David has extensive experience in both trial and appellate litigation, and has appeared before the Ontario Superior Court of Justice (including Estates and Commercial Lists), as well as the Divisional Court and the Ontario Court of Appeal.
In addition to representing clients in a variety of estate-related capacities, David acts as a mediator in litigious estate, trust and capacity matters. In 2013, David attended the Program on Mediating Disputes at Harvard Law School.
### Experience
##### Representative Work
- *Eve v Brook*: 2016 ONSC 3532 (CanLII)
- *Eve v Brook*: 2016 ONSC 1496 (CanLII)
- *Eve v Wilhelm et al.*: 2013 ONSC 4264 (CanLII)
- *Burton v. Assaf*: 2013 ONCA 658
- *Hockley v. Moy*: 2013 ONSC 6195
- *Chambers Estate v. Chambers*: 2013 ONCA 511
- *Turk et al. v. Turk et al.*: 2011 ONSC 6497 (S.C.J.)
- *Hockley v. Moy and Agar*: 2011 ONSC 3707 (S.C.J.)
- *Hockley v. Moy and Agar*: 2010 ONSC 7121 (S.C.J.)
- *Re Estate of Ruth Smith; Smith v. Rotstein*: 2010 ONSC 4487 (S.C.J.)
- *Abrams v. Abrams*: 2010 ONSC 2703 (S.C.J.)
- *Abrams v. Abrams*: 2009 ONCA 522
- *Abrams v. Abrams*: 2009 CanLII 12798 (ON SCDC)
- *Re Kaptyn Estate*: 2008 CarswellOnt 6071 (S.C.J.)
### Career & education
#### Education
2013
Harvard Law School - Mediating Disputes, Certificate of Completion
2005
University of Windsor - JD
2000
Huron College at the University of Western Ontario - BA
#### Languages
English
##### Memberships
- Canadian Bar Association
- Ontario Bar Association Trusts and Estates Law Section, 2013-2017 Section Executive Member-at-Large
- STEP Worldwide
- The Advocates' Society
- Toronto Lawyers Association
#### Community involvement
OBA Trusts and Estates Law Section - Section Executive Member-at-Large (2013-2017)
2017
### Publications & speaking engagements
##### Articles
- "Promissory Notes," Ontario Bar Association, Corporate Securities and Finance Law Report, Vol. 19, No. 5, November/December 2014
- Co-author, "Identifying Drafting Errors During an Administration," Practice Gems: The Administration of Estates 2014, September 23, 2014
- "Trustee Compensation, Special Fees, and the Role of the Lawyer for the Estate Trustee," 6 Minute Estates Lawyer, presented by Brian Cohen
- "Case Summary: Estate of Viola Mildred Binkley," Deadbeat, Ontario Bar Association, May 2010
- "Case Comment: Dewitt v. Taggart Estate, [2006] O.J. No. 3209," Ontario Bar Association Deadbeat, Volume 25, No. 3, March 2009
##### Presentations
- "Solicitor's Negligence: An Update for Estates and Trusts Practitioners," LSUC Summit, October 7, 2015 (with Archie Rabinowitz)
- "Solicitor's Negligence," LSUC Summit, November 3, 2014
- LSUC Practice Gems: The Administration of Estates 2014, September 23, 2014 (with Archie Rabinowitz)
- "Skills Building: Perspectives on Effective Advocacy in the Mediation Process", ALOC/Government of Ontario Educational Conference, November 19, 2013
- "Recent Developments in Estate Solicitor's Negligence," 16th Annual Estates and Trusts Summit, November 11, 2013
- "Costs in Estate Litigation," Thunder Bay Law Association 2013 Fall Conference, October 25, 2013
- "Litigation of Personal Care Issues," Ontario Bar Association Professional Development Conference, October 16, 2013
- "Limitation Periods for Fiduciary Claims Enforcing Promissory Notes," Practice Gems: The Administration of Estates 2013, Law Society of Upper Canada, September 19, 2013
- "Business Law for Trust & Estate Lawyers: Effective Succession Planning to Minimize the risk of Litigation: Promissory Notes," Ontario Bar Association, May 9, 2013
- "Invalidating Transfer of Property," CBA Elder Law Conference, April 15, 2013
- "Recent Developments in Estate Solicitor's Negligence," 15th Annual Estates and Trust Summit, November 14, 2012
- "Trusts & Estates Law: Disclaiming, Renouncing, Retiring and Removing: How to Get Rid of a Trustee," Ontario Bar Association Professional Development Conference, September 25, 2012
- "Update on Costs and the Rules of Civil Procedure," Ontario Bar Association Professional Development Conference, February 22, 2011
- "Dependant Relief Claims and Estate Administration," Estates Administration for Law Clerks, LSUC, March 2, 2010

Practice Areas

• Civil Litigation
• Estates & Trusts

Bar Information

Called to the bar: 2006 (ON)

Professional Details