David Lepofsky is a visiting research professor at the Faculty of Law at the University of Western Ontario (starting July 2023) a past visiting professor of Disability Rights and Legal Education at the Osgoode Hall Law School and, for over three decades, an adjunct member of the University of Toronto Faculty of Law (all part time.) He holds volunteer leadership roles in the disability community. He is chair of the Accessibility for Ontarians with Disabilities Act Alliance. He is a member chair of the Toronto District School Board’s Special Education Advisory Committee. From 2018 to 2022, he served as a member of the Kindergarten-Grade 12 Education Standards Development Committee appointed by the Ontario Government to recommend reforms to tear down barriers impeding students with disabilities. He is also a member of the board of the Ontario Parents of Visually Impaired Children (OPVIC). In 1979,
From 1982 to the end of 2015, David practised law in Toronto with the Ontario Ministry of the Attorney General, in the areas of constitutional, civil, administrative and most recently, criminal law. In 2004, he was appointed to the position of General Counsel. This is the highest promotion in the Ontario Public Service (outside management). Reserved for only a handful of the 2,000 lawyers in the Ontario Public Service, it is reserved for the most senior counsel, to recognize career achievement in handling the most complex work, demonstrated diversity of expertise, creativity, professional leadership, judgement, and mentoring/role modelling.
From 1982 to 1988, he served as counsel in the Crown Law Office Civil, conducting civil, administrative and constitutional litigation on behalf of the Ontario Government. From 1989 to 1993, he served as counsel in the Constitutional Law and Policy Division, conducting constitutional litigation on the Government’s behalf. From 1993 to the end of 2015, he served as counsel in the Crown Law Office Criminal, conducting criminal appeals in the Ontario Court of Appeal and the Supreme Court of Canada. He has appeared on at least 30 cases in the Supreme Court of Canada in his career, as counsel or co-counsel, and in some 200 cases in the Ontario Court of Appeal. He retired from his position with the Ontario Public Service at the end of 2015.
In 1980, he appeared before the Joint Committee of the Senate and the House of Commons on the Constitution of Canada, on behalf of the Canadian National Institute for the Blind for an amendment to the proposed Charter of Rights, to guarantee equality rights to persons with disabilities. The efforts of a great many combined to lead Parliament to pass the disability amendment to the Charter.
From 1980 to 1982, he served on the leadership team of a broad disability coalition that successfully advocated for inclusion of protection against discrimination based on disability in the Ontario Human Rights Code.
From 1994 to 2005, he led the Ontarians with Disabilities Act Committee. That coalition successfully campaigned for ten years to win passage of two new Ontario laws to make Ontario fully accessible to persons with disabilities, the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005. Since then, he has helped in efforts to get that law effectively implemented.
In February, 2009, he became the Chair of the Accessibility for Ontarians with Disabilities Act Alliance. He and the Alliance have pressed for the prompt enactment and enforcement of strong accessibility standards under the Disabilities Act. In 2010 they succeeded in getting Ontario election legislation amended to address accessibility barriers impeding voters with disabilities in provincial elections.
In addition to advocating at the provincial level, he has led the AODA Alliance advocacy efforts to secure the enactment of a strong accessibility legislation at the federal level, appearing before Standing Committees of the House of Commons in October 2018 and the Senate in April 2019. His advocacy efforts combined with those of many others to lead to the enactment of the Accessible Canada Act in 2019. He also led the AODA Alliance’s efforts in 2022 and 2023 to strengthen Bill C-22, the proposed Canada Disability Benefit Act, including giving testimony before Standing Committees of the House of Commons and Senate.
Starting in 1994, he personally campaigned to get the Toronto Transit Commission to announce all subway stops, and later all bus stops, for the benefit of passengers with vision loss. Between 2001 and 2007, he personally fought two cases against TTC. In 2005, the Human Rights Tribunal ordered TTC to consistently announce all subway stops (Lepofsky v. TTC #1). In 2007, the Human Rights Tribunal ordered TTC to announce all bus and streetcar stops (Lepofsky v. TTC #2).
Awards include investiture in the Order of Canada (1995), the Order of Ontario (2007), and the Terry Fox Hall of Fame (2003), honorary doctorates from Queen's University, the University of Western Ontario, the Law Society of Ontario and Brock University, and awards from other organizations including e.g. the City of Toronto, the Law Society of Upper Canada, the Ontario Bar Association Public Lawyers Section, the Advocates Society, the Ontario Crown Attorneys Association, the American College of Trial Lawyers, the Ontario March of Dimes and Community Living Ontario. In March 2020, the American College of Trial Lawyers awarded him the Samuel E. Gates Award for contributing to improvements to the litigation process.
He was very flattered and humbled when the Canadian Lawyer Magazine August 2010 edition listed him among Canada’s 25 most influential lawyers. However, he was left wondering: “If I am so influential, why doesn’t anyone listen to me?”