David G. O'brien, QC Barry Spalding

David G. O’Brien, Q.C. Barry Spalding

Practice Areas: Motor Vehicle Accidents, General Litigation, Insurance, Personal Injury, Administrative Law

Law School: Dalhousie University

Phone: (506) 633-4221

Fax: (506) 652-7861

Assistant: Faye Gionet (506) 633-4285 [email protected]

Born in 1958, David G. O'Brien was raised in Saint John, New Brunswick. He attended St. Francis Xavier University, where he achieved an Honours Degree in Political Science/Economics, was Vice- President of his class, and won the Governor- General's Gold Medal in 1980, following four years on the Dean's List. His thesis under the direction of Senator John B Stewart considered "Civil Liberties Under Emergency Government: A Case Study Of The War Measures Act".

Professional Background

He won the prestigious Law Foundation of Nova Scotia Scholarship to Dalhousie Law School, where he won the Legal Writing Prize (1981), and obtained his Bachelor of Law Degree in 1983. While a law student in Halifax, he worked as a newscaster at CJCH/C-100 Radio, as he had done during High School and College at CFBC/C-98 Radio in Saint John, and Campus Radio CFXU in Antigonish, NS.

Mr. O'Brien is a partner in the law firm of Barry Spalding, a full-service law firm providing legal services in English and French throughout New Brunswick. He has developed a litigation practice in health law and insurance law, and routinely represents the interests of a number of insurers in the courts of New Brunswick. He has participated in the drafting of private legislation pertaining to health law, and has prosecuted professional misconduct cases for the medical and opticians' professional associations in New Brunswick. He is also solicitor to the Architects' Association.

Mr. O'Brien has published articles in the Dalhousie Law Journal, the Solicitor's Journal of New Brunswick, Independent Adjuster Magazine and Alberta Civil Trial Lawyers Association Monthly Newsletter. He was a founding member of the original Editorial Board of the New Brunswick Solicitor's Journal.

Mr. O'Brien has a "BV" ("High to Very High") Legal Ability rating under the international "Martindale- Hubbell" legal rating system.

He is a past National Chairperson of the Health Law Section (2004-2005) for the Canadian Bar Association, and a past Provincial Chairperson of the Civil Litigation Section (2005-2010) for the New Brunswick Branch of the Canadian Bar Association. He is currently National Chairperson of the Civil Litigation Section of the Canadian Bar Association, and also Treasurer of the N.B. Branch of the Canadian Bar Association. He serves on the Council of the Law Society of New Brunswick (2007-) and is a member of the Law Society Ethics Committee (2008-). He has served on the Council of the Saint John Law Society. He has for many years served as an instructor in civil procedure and insurance law in the N.B. Bar Admission Program, and in various Continuing Legal Education Programs. He has also lectured for the Continuing Education Division of the Technical University of Nova Scotia. He is a member of Canadian Defence Lawyers, as well as the Defence Research Institute, of Chicago, Ill.

On February 5, 2010, Mr. O'Brien was presented with the "Distinguished Service Award / Médaille de Service Méritoire Exceptionnelle" of the New Brunswick Branch of the Canadian Bar Association.

Presentations, Submissions & Seminars

 February 6, 2010 - Presentation and paper on "An Overview of Bill 28, the Limitation of Actions Act", at CBANB CLE Conference  November 6, 2009 - Presentation and paper on "The Art of Controlling Difficult Witnesses", at CBANB CLE Conference  September 4, 2009 - Article for The Lawyers Weekly Newspaper, Toronto: "N.B. Reforms its Limitations Legislation"

 August 20, 2009 - Written Submission to the Government of New Brunswick on behalf of the Canadian Bar Association of New Brunswick: "Reforming the Coroner's Act of New Brunswick"  May 9, 2009 - Op-ed Article: "Re-Write the Coroner's Act", The Telegraph-Journal Newspaper, Saint John, New Brunswick.  February 24, 2009 - Written & Oral Submission to the Legislative Assembly of New Brunswick on behalf of the Canadian Bar Association of New Brunswick: "Bill 28: Limitation of Actions Act: Submission to the Standing Committee on Law Amendments".  November 13, 2008 - Panel Moderator, "Negotiation and Mediation: Practice & Practicalities", ARC Group Conference, St. Andrew's Club, Toronto, Ontario.  October 17, 2008 - Presentation and paper on "Limitation Law You Should Know About", at CBANB CLE Conference.  Fall 2008 - Article for New Brunswick Solicitor's Journal: "Firefighters, Immunity from the Courts, & Law Reform in New Brunswick".  October 12, 2007 - Presentation and paper on "The Rule in Browne v. Dunn", at CBANB Conference: Experts and Evidence.  Fall 2007 - Article for New Brunswick Solicitor's Journal: "Reforming Limitations Law".

 December 18, 2006 - Written Submission to the Government of New Brunswick on behalf of the Canadian Bar Association of New Brunswick: "Reforming Limitations in New Brunswick".  April 29, 2006 - Oral presentation of paper at "Second Annual National Civil Litigation CLE Conference, Toronto, Ontario: Impact of Athey v Leonati on First Party Claims".  May 7, 2005 - Oral presentation to the Radio and Television News Directors' Association of Atlantic Canada: "Navigating Privacy Legislation"  April 2005 - Editor of the National Health Law Newsletter of the Canadian Bar Association  November 26, 2004 - Written submission on behalf of the Canadian Bar Association regarding the proposed Bill C-12: "Quarantine Act" presented to the Standing Parliamentary Committee on Health (House of Commons of Canada)  Winter 2004 - Article for New Brunswick Solicitor's Journal: "Tort Compensation for Invasion of Privacy"  Spring 2002 - Drafted and presented as Parliamentary Agent private legislation, the Opticians Act, enacted by the Legislature of the Province of New Brunswick at S.N.B. 2002, c. 58, for the Opticians Association of New Brunswick  April 2000; May 2001; May 2002 - Presentations for CBA Health Law Section Executive, Ottawa "Health Law Developments In New Brunswick".  January 2000 - CBA Health Law presentation and written submission to New Brunswick Minister of Justice: "Power of Attorney for Personal Care Legislative Proposal."  March 1998 - Presentation and paper entitled "Recovery for Cost of Future Care and Gratuitous Services of a Third Party" at New Brunswick Continuing Legal Education Conference on Civil Litigation Damages in Fredericton, NB.  May 1995 - Presentation and paper: "Legal Liability of Building Code Inspectors", Technical University of Nova Scotia, Continuing Education Division.  November 1994 - Presentation and paper: "Disability Claims: Special Problems", New Brunswick Continuing Legal Education Conference in Moncton, New Brunswick.

Personal Interests

David and his wife Linda live in a Victorian heritage house in the South End of Saint John. He has keen interest in heritage buildings and classical music. He has served as a member and acting Chairman of the Planning Advisory Committee of the City of Saint John. He has served on the Board, and as President Of Uptown Saint John Inc. He has served on the Board of the Saint John Development Corporation. He sat for 10 years as a Trustee on the Board of Commissioners of the Saint John Free Public Library. He and his wife are long-time supporters of the Saint John Belfast Children's Vacation Project, and they co-chaired the Project in 1996. He has been active on the Red Triangle Committee of the Saint John YM-YWCA, and is a Past-President of the Saint John St. F.X.U. Alumni Association.