#414, 1207 Douglas Street
Victoria, B.C. V8W 2E7
David S. Mulroney
Barrister & Solicitor
David Mulroney obtained degrees in English and Law from the University of British Columbia in 1977 and 1980. He has been practicing law for 42 years and was the principal of Mulroney & Company, established in 1992, before partnering with Christopher Siver to create Mulroney Siver Law. He has been married 45 years and has four children, one of whom, Michael, is an associate lawyer of the firm with emphasis on tax law.
David articled in 1979 as a summer law student for Wilson, King & Company, at that time a firm of 17 lawyers and one of the province’s oldest law firms, then became an associate with the firm in 1981 doing general litigation. In 1984, he became a partner and did litigation involving corporate, commercial, construction, personal injury, banking, foreclosure, builders’ liens, municipal, injunction and estate matters. The bursting of the 1981 real estate bubble led to a huge volume of litigation work on MURB tax shelters, asset seizures, guarantee litigation and foreclosures. David’s firm was counsel to two Canadian major chartered banks, so David was in court a lot. He also acted for ICBC and other insurance companies doing defence work in both personal injury and property damage cases. He acted for a major oil producer, obtaining an injunction forcing the reopening of a gas well against another major oil producer (who later became a loyal client).
In 1988, David moved to Victoria and became a partner at Jones, Emery, a ten-lawyer firm and worked in litigation involving corporate, commercial, construction, personal injury and estate matters. He again acted for ICBC, as well as doing personal injury work for plaintiffs. He also acted for a prominent developer suing reluctant investors on their personal guarantees for investments in tax shelter real estate developments that had not gone as well as expected.
In 1992 David set up his own law firm carrying on his civil litigation practice in Victoria. From 1995 to 2005, in addition to carrying on his regular practice for private sector clients, David was the standing agent for the Attorney General for Canada for prosecution in Greater Victoria of Income Tax, Narcotics, Fisheries, Immigration and various other offences. David personally obtained convictions in drug prosecutions before juries and also successfully prosecuted a drug conspiracy wiretap trial against six accused where the trial took 60 court days spread over many months. David and the lawyers and staff employed by him were responsible for approving charges and prosecuting over half of all drug and tax cases in the Greater Victoria Region, including Saanich Peninsula and the Western Communities, for a decade. He resigned this prosecution work to run as a candidate for MP in the 2006 Federal Election.
Mulroney Siver Law handles a full range of complex and contested matters including Professional Defence before regulatory bodies, insurance claims, income tax defence, Wills, Estates and Trusts litigation, business litigation, construction disputes, real estate litigation, administrative law, defending or advancing human rights, harassment or discrimination claims, civil remedies, arbitration, Municipal law, environmental litigation, and employment and dismissal. In administrative or disciplinary proceedings concerning regulatory bodies, David has represented lawyers, police officers, real estate developers, a teacher, a principal, an engineer, and various medical professionals.
David has represented a lawyer falsely accused of fraud by the Law Society of BC and obtained dismissal of all allegations and an award of over $60,000.00 in costs against the Law Society of BC.
In 2015-2019 David, with Michael Mulroney as co-counsel, successfully represented two former ministerial assistants in an appeal in the Tax Court of Canada in challenging CRA reassessments from 2014 which alleged that approximately $7,000,000.00 of legal fees forgiven by the Province as part of a plea deal in 2010 was a taxable benefit. In the face of multiple compelling arguments, including allegations of illegal acts by the Province, the Federal Department of Justice abandoned their case two weeks before the scheduled trial in Tax Court allowing the appeal in full and extinguishing any tax debt.
David also handles difficult negotiations behind the scenes for his clients, drafting letters and emails and advising on positions, so opposing parties may not be aware that a lawyer is involved. This proactive early approach often avoids disputes or ensures much better outcomes. He has taken this approach with health care professionals when defending against patient complaints to the relevant college, several times obtaining resolutions before citation so as to avoid the obligation to publish the complaint outcome or obtaining negotiated resolutions which admit no wrongdoing whatsoever.
David has successfully appealed arbitration dismissals twice for clients who were represented by other counsel at the arbitrations, and has obtained certification of a class action on appeal. He has overturned trial results on appeal and successfully defended appeals, one time improving the trial victory by a cross-appeal.
David has also served as the President of the Friends of the Royal B.C. Museum, as a member of the Board of Directors of the Royal B.C. Museum appointed by the Minister of Small Business, Tourism and Culture, and as vice-chairman of the Royal British Columbia Museum Foundation. He is general counsel to the Commissionaires for Vancouver Island and the Yukon, a not for profit organisation, creating meaningful employment for former armed forces and first responder personnel.
David has also served as Chair for the Victoria Wills and Trusts subsection of the Canadian Bar Association.