Bar Admission

  • 1994 Admitted to the British Columbia Bar

David McKnight is a Partner, and the leader of the firm’s Administrative Law, Cannabis and Defamation + Publication Risk Management Practice Groups.

David is also a member of the Insurance and Local Government Practices. His practice is in the area of insurance litigation defence and includes construction litigation, fire loss, police claims, personal injury, property damage, administrative law and defamation. David also regularly provides coverage opinions and handles subrogated claims on behalf of insurers.

He has extensive experience in both the British Columbia Supreme Court and Court of Appeal and works closely with clients to resolve actions through trial, mediation and the settlement process.

Representative Experience



Balancing Public and Police Interests: British Columbia (Police Complaint Commissioner) v Sandhu, 2023 BCCA 17

Aggravated Assault Appeal Dismissed Under Lack of Reasonable Grounds – R. V. LINDSAY, 2023 SCC 33

BC Courts Require “Good Reason” to Delay Filing RTCCs in Class Actions

Privileged Document Given to Police by Private Actor Results in Section 7 Breach: R. v. Konashewych

Deficient ITOs lead to Exclusion of Evidence: R v. Guenter 2023 BCPC 170 and R v. Karapetrov 2023 ONSC 4354

Warrantless Searches of Third-Party Record Holders: R v. El-Azrak, 2023 ONCA 440 and R v. Neumann, 2023 ABCA 200

A.B. c. Google Highlights Distinction in Liability for Defamatory Content in Hyperlinks and Search Engines

Police Liability and Duty of Care: McLellan v. Canada (Public Safety and Solicitor General) Reveals the Importance of Proper Procedure and Communication in Law Enforcement

Racial Profiling and Exclusions of Evidence: R. v. Gala-Nyam 2023 ONSC 2241 and R. v. El Khiraoui Chaki 2023 ONSC 1517

The Supreme Court of Nova Scotia Denies Class Certification in Dental Malpractice Case, Choyce v. Guam: A Closer Look at the Requirements and Implications

Supreme Court of Canada Affirms Protection of Public Participation Act in Landmark Decision Balancing Freedom of Expression and Public Interest

Police Conduct During Searches and Seizures Under the Canadian Charter of Rights and Freedoms: R v. Brown, 2023 ONSC 2002 and R v. O’Brien, 2023 ONCA 197

Summary of the April 2023 report “City of Surrey’s Police Model Transition and Decision to Retain the RCMP”

Supreme Court of Canada Rules on Immediacy Requirement in Breathalyzer Demands: R v. Breault, 2023 SCC 9

Random Sobriety Tests on Private Property: R v. McColman 2023 SCC 8

Class Proceedings Can Constitute an Abuse of Process but Interim Relief is Unlikely

R v. Wilkinson and Minchin v. Movsessian: Abandoned Evidence Upholds Conviction and Police Standard of Care in Urgent Circumstances

Admit to the Inadmissible “Fresh Start” Doctrine Applied to Admit Confession Despite Serious Charter Breach

The Supreme Court of Canada’s “Project Raphael” Tetralogy: Entrapment in a Virtual Space

Absence of Police Caution not Fatal to Voluntariness of Suspect’s Statements: R v Tessier, 2022 SCC 35

In 5:4 split, Supreme Court of Canada Concludes Police Psychologically Detained Suspect and Should Have Allowed Second Consultation with a Lawyer: R. v. Lafrance, 2022 SCC 32

Supreme Court of Canada Raises Standard for Police to Search a Home Incident to Arrest for Safety, Upholds Warrantless Search of Basement

Class not certified for abstract (“what if?”) harm respecting increased risk of cancer diagnosis: Palmer v. Teva Canada Ltd., 2022 ONSC 4690

Privacy Commissioner of Canada’s Guidelines for Use of Facial Recognition Technology in Law Enforcement

Supreme Court of Canada Clarifies Principles on Inordinate Delays in Administrative Proceedings; Rejects Adopting Strict Criminal Law Approach

Consecutive Parole Ineligibility Periods Found Unconstitutional by Supreme Court of Canada: Summary of R. v. Bissonnette 2022 SCC 23

BC Legislative Committee Recommends Replacing the RCMP with a New Provincial Police Service and Other Changes to the Police Act

Objectively Necessary and Reasonable Use of Force leads to Not-Guilty Finding in Assault Case

Defer or Deter: Sentencing Police Officers for Criminal Negligence Causing Bodily Harm

Search, Seizure, and Confessions: The Importance of Understanding the Proper Limits of an Investigation

Racial Profiling and Entrapment: Evidentiary Considerations before Proceeding with an Investigation

Police Officer Conduct Can Affect the Admissibility of Evidence

The Door to Police Claims against Crown Prosecutors Closes: Ontario (Attorney General) v. Clark, 2021 SCC 18

How Soon Can the Courts Intervene in Police Disciplinary Proceedings?

Strip Search Found to Be Justified R v. Ali, 2020 ABCA 344

The Forthwith Window for Roadside Breathalizer Demands

Police May Owe a Private Duty of Care to Execute Warrants and Other Court Orders Expeditiously

Crown Prosecutors Do Not Owe a Duty of Care to Police Officers Accused of Police Misconduct in Criminal Proceedings

Mere Suspicion Does Not Provide Reasonable Grounds for Arrest

Fine print on a lift ticket doesn’t cut (or carve) it: injured snowboarder allowed to sue ski hill despite “own negligence” clause

Not Just Fun and Games: Body Check in Recreational Hockey Game Leads to $700,000 Damage Award

Cannabis Production: A New Type of Material Risk for Property Insurance Coverage

The Beginning of Cannabis Product Liability Class Proceedings in Canada and the U.S.

Professional & Community Affiliations