David J. M. O'Neill

David O'Neill Lawyer

David is a proven litigator in Family and Civil Litigation. He also represents clients accused of Criminal offences in the Ontario and Superior Courts of Justice. He has conducted multiple Jury trials successfully and has represented his clients successfully at the Ontario Court of Appeal.

David was born and raised in Peterborough. He competed in Tennis and Soccer at the NCAA level while earning his undergraduate degree in West Virginia, U.S.A.

After completing his Bachelor of Laws from the University of Windsor he returned home to practice Law in Peterborough. David is married to Cecile O’Neill and has two children.

Called to the Ontario Bar (2004)

Education

  • Bachelor of Laws (LL.B.), Faculty of Law, University of Windsor
  • Bachelor of Arts, Communications and English, Davis & Elkins College, West Virginia

Awards & Recognition

  • Arnup Cup, Criminal Moot Trial, Toronto 2003

Areas of Expertise

  • Civil and Family Litigation
  • Criminal Law

Community Involvement

  • Peterborough Theatre Guild Board
  • Youth Emergency Shelter Board
  • United Way Fundraising Campaign 2013

Notable Trial Decisions

Civil

McCormick v. Old Dutch Foods Inc. [2013] O.J. No. 6289 (client found to be wrongfully dismissed and received pay in lieu of notice, aggravated and punitive damages at trial)

In his decision Justice H. O’Connell commented on David O’Neill’s cross examination as follows:

“I hasten to add that it is self-evident to me that the case took on a complexity based on a theory of the defendant, and required the focused intensity of the preparation so evident from Mr. O’Neill’s cross examination, that was required to chase the moving theory.”

McCormick v. Old Dutch Foods Inc. [2013] O.J. No. 6290, locus para 342.

“To commence it is clear to me that Mr. O’Neill effectively decimated Ms. Ende in his very skillful cross examination.”

Pate v. Galway et al 2010 ONSC 482 (CanLII), 2009 CanLII 70502 (ONSC), 2013 ONCA 669 (CanLII)

Finding of Malicious Prosecution against client’s former employer and punitive damages award of $525,000.00

Family

Farnsworth v. Chang [2014] O.J. No. 3053

After 12 days of trial David successfully opposed client’s ex-spouse’s seven figure equalization payment from client.

Criminal

R. v. Dow 2016 Carswell Ont 1683, 2016 ONCJ 70.

Secured acquittals on several serious criminal charges for his client following a seven day criminal trial.