Martin J. Thompson 

Martin J. Thompson

Ottawa
World Exchange Plaza, Suite 2000
45 O'Connor Street
Ottawa, Ontario K1P 1A4

t: 613.691.6104
e: martin.thompson@mcmillan.ca

overview

Martin Thompson is Ottawa's Office Management Partner as well as partner in the Employment and Labour Relations and Advocacy and Litigation groups.

Martin takes a strategic, meticulous and highly effective approach towards problem-solving. He uses his knowledge of a client's business and workplace to offer direct, practical advice, and is always realistic about what outcome can be achieved. He communicates plainly, and pushes hard to find solutions that are workable and which his clients can depend on.

Martin's advocacy practice focuses on complex corporate-related disputes with a particular emphasis on commercial litigation for clients inside and outside of Ontario, with a focus on product liability related matters.

In Martin's employment law and labour practice, he advises domestic and international clients on all aspects of provincial and federal employment legislation. He advises and represents management on various labour relations matters, including drafting employment agreements, policies and compensation, workplace harassment and discrimination, employee discipline, wrongful dismissal litigation, employee termination and severance packages, workplace health and safety, human rights and grievance arbitrations.

Martin has appeared before the Superior Court, the Divisional Court and the Court of Appeal for Ontario, and has represented employers in labour arbitrations and negotiations, administrative boards and tribunals, including the Ontario Labour Relations Board, the Ontario Human Rights Tribunal, the Workplace Safety and Insurance Board, the Workplace Safety and Appeals Tribunal and the Financial Services Commission of Ontario. He has advised and represented employers in many different industries, including manufacturing, insurance, transportation, education, technology, professional services, health services, hospitality and property management.

Martin provides mentoring to law students and associates and is involved in McMillan's associate and student programs. He is also actively involved in giving back to the community. Martin is a Board Director with the Rideauwood Addiction and Family Services as well as the United Way Campaign Coordinator for the Ottawa office.

Languages

  • French and English
  • Fluently bilingual (oral and written)

Representative Matters

  • Awada v Glaeser, 2017 ONSC 1094 (CanLII)
  • Ennis v. Drain-All Ltd., 2013 HRTO 1913 (CanLII)
  • Donald Osmun v. ING Engineering Inc. and Director of Employment Standards, 2013 CanLII 23884 (ON LRB) – 2013-04-26
  • Green, Kenneth v. Greensmere Golf & Country Club et al, September 28, 2012 (Motion for Leave to Appeal Refused - ONCA M41400)
  • Osmun v. ING Engineering Inc., 2012 HRTO 1663 (CanLII) - 2012-09-04
  • Green v. Green, 2012 ONSC 1099 (CanLII) — 2012-03-12
  • Benazzouz et al c. C.E.P.E.O., 2010 ONSC 49 (CanLII) — 2010-01-14
  • Wang v. Wu, 2009 CanLII 54764 (ON SC) — 2009-10-09
  • Filanovsky v. Filanovsky, 2009 CanLII 27822 (ON SC) — 2009-06-01
  • Al-Ebadi v. Zahran, 2009 CanLII 10985 (ON SC) — 2009-03-13
  • Filanovsky v. Filanovsky, 2009 CanLII 9457 (ON SC) — 2009-01-20
  • The Adult Entertainment Association of Canada v. Ottawa (City), 2007 ONCA 389 (CanLII) — 2007-05-24
  • Bettencourt v. Ottawa (City), 2005 CanLII 32929 (ON SC) — 2005-09-14

Presentations

"Like" #whatwasIthinking: Social Media's Growing Role in Litigation
Medical Marijuana in the Workplace
6 Minute Employment Lawyer
Share Purchase and Asset Purchase Transactions: Employment and Labour Considerations
Up in Smoke: Medical Marijuana in the Workplace
20 Hot Cases Every Corporate Counsel Should Know
Employees vs. Independent Contractors – The "New" Golden Rule of Employer-Worker Relations
Random Alcohol and Drug Testing in the Workplace
Employees Gone Wild – Off-Duty Conduct and Employee Discipline
Employment and Labour Relations Group Backgrounder - Restrictive Covenants
The Construction Lien Act
Corporate Social Responsibility in the University Context and its Legal Implications
Judicial Consideration - Educational Malpractice: An Update
Contester la validité d'un règlement municipal : une défaite inévitable?
Academic Misconduct: Recent Trends

Publications

"Don't Worry, We All Know What That Clause Means" – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements
Happy New Year: Termination Clause Upheld by Court of Appeal
Who Says An Offer of Employment Can't Be Fair Consideration? The Ontario Court of Appeal Weighs In On Asset Purchase Transactions and Employment Contracts
Bonus Claims: Past Practice Gets A Boost
New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers
Notice: New Employment Standards Act Requirement on Employers Effective June 19, 2015
E-Cigarettes: A Hazy Status in the Workplace
"You Can't Have Your Cake and Eat it (Part) 2": An Update on Mitigation and Employment Contracts
Income Tax Act changes to taxation for restrictive covenants are now confirmed: beware as consequences could be taxing!
SCC: Provincial legislation prohibiting workplace accident-related tort claims against negligent employers applicable to maritime industry
"Treat your workers as you would like a court to treat them": Connor Homes and the "new" golden rule of employer-worker relations
Supreme Court bars random alcohol testing by employers in the absence of reasonable cause
Gauthier v. Saint-Germain: A Forthcoming Lesson from the Supreme Court of Canada on Educational Malpractice?
Judge Reserves Decision
Pro Bono: Le rouet de la justice

News

McMillan LLP One of the Winners in the Second Edition of Best Offices Ottawa 2017
You're invited to McMillan Ottawa's Open House & Media Breakfast
Picking partners
Martin Thompson comments on white-collar overtime in Ottawa HR

Education

  • University of Ottawa, LLB (Common law français) - 2002
  • University of Ottawa, B.Soc.Sc. (Hons.) - 1999

Year Of Call

  • Called to the Ontario bar - 2003

Practices

employment and labour relations
litigation
employment law
product liability
business litigation
arbitration
harassment and discrimination
labour relations

Industries

automotive manufacturers and distributors
food, beverage and agribusiness
insurance
healthcare
service industries
suppliers

Directorships and Professional Associations

  • Law Society of Upper Canada
  • Canadian Bar Association / Ontario Bar Association
  • County of Carleton Law Association (CCLA)
  • Association des juristes d'expression française de l'Ontario (AJEFO)
  • Canadian Association of Counsel to Employers (CACE)
  • Chair, County of Carleton Law Association (CCLA) Awards Committee

Community Involvement

  • Campaign Corporate Representative, United Way
  • Rideauwood Addiction and Family Services

Awards & Rankings

  • McMillan Leadership and Mentoring Award 2012

Media Mentions

vcard

Martin Thompson is Ottawa's Office Management Partner as well as partner in the Employment and Labour Relations and Advocacy and Litigation groups.

Martin takes a strategic, meticulous and highly effective approach towards problem-solving. He uses his knowledge of a client's business and workplace to offer direct, practical advice, and is always realistic about what outcome can be achieved. He communicates plainly, and pushes hard to find solutions that are workable and which his clients can depend on.

Martin's advocacy practice focuses on complex corporate-related disputes with a particular emphasis on commercial litigation for clients inside and outside of Ontario, with a focus on product liability related matters.

In Martin's employment law and labour practice, he advises domestic and international clients on all aspects of provincial and federal employment legislation. He advises and represents management on various labour relations matters, including drafting employment agreements, policies and compensation, workplace harassment and discrimination, employee discipline, wrongful dismissal litigation, employee termination and severance packages, workplace health and safety, human rights and grievance arbitrations.

Martin has appeared before the Superior Court, the Divisional Court and the Court of Appeal for Ontario, and has represented employers in labour arbitrations and negotiations, administrative boards and tribunals, including the Ontario Labour Relations Board, the Ontario Human Rights Tribunal, the Workplace Safety and Insurance Board, the Workplace Safety and Appeals Tribunal and the Financial Services Commission of Ontario. He has advised and represented employers in many different industries, including manufacturing, insurance, transportation, education, technology, professional services, health services, hospitality and property management.

Martin provides mentoring to law students and associates and is involved in McMillan's associate and student programs. He is also actively involved in giving back to the community. Martin is a Board Director with the Rideauwood Addiction and Family Services as well as the United Way Campaign Coordinator for the Ottawa office.

Languages

  • French and English
  • Fluently bilingual (oral and written)
  • Awada v Glaeser, 2017 ONSC 1094 (CanLII)
  • Ennis v. Drain-All Ltd., 2013 HRTO 1913 (CanLII)
  • Donald Osmun v. ING Engineering Inc. and Director of Employment Standards, 2013 CanLII 23884 (ON LRB) – 2013-04-26
  • Green, Kenneth v. Greensmere Golf & Country Club et al, September 28, 2012 (Motion for Leave to Appeal Refused - ONCA M41400)
  • Osmun v. ING Engineering Inc., 2012 HRTO 1663 (CanLII) - 2012-09-04
  • Green v. Green, 2012 ONSC 1099 (CanLII) — 2012-03-12
  • Benazzouz et al c. C.E.P.E.O., 2010 ONSC 49 (CanLII) — 2010-01-14
  • Wang v. Wu, 2009 CanLII 54764 (ON SC) — 2009-10-09
  • Filanovsky v. Filanovsky, 2009 CanLII 27822 (ON SC) — 2009-06-01
  • Al-Ebadi v. Zahran, 2009 CanLII 10985 (ON SC) — 2009-03-13
  • Filanovsky v. Filanovsky, 2009 CanLII 9457 (ON SC) — 2009-01-20
  • The Adult Entertainment Association of Canada v. Ottawa (City), 2007 ONCA 389 (CanLII) — 2007-05-24
  • Bettencourt v. Ottawa (City), 2005 CanLII 32929 (ON SC) — 2005-09-14
November 2017
Bonus Claims: Past Practice Gets A Boost

Employment and Labour Bulletin

June 2015
Social Media and Off-Duty Misconduct: Where are we @?
CACE 12th Annual Conference, 2015 Presentation Paper
July 2014
E-Cigarettes: A Hazy Status in the Workplace
Employment Bulletin
June 2013
Tests aléatoires de dépistage d'alcool : la Cour suprême se prononce
Ordre des conseillers en ressources humaines agréés, VigieRT, Numéro 79
January 2011
Gauthier v. Saint-Germain: A Forthcoming Lesson from the Supreme Court of Canada on Educational Malpractice?
Co-author (Martin J. Thompson and Thomas Slade, Student-at-Law)
November 2009
Judge Reserves Decision
Featured, The Whig Standard, Sue Yanagisawa, November 13, 2009
2009
Pro Bono: Le rouet de la justice
Featured, Barreau du haut-Canada
May 4, 2018
"Like" #whatwasIthinking: Social Media's Growing Role in Litigation
The Institute of Law Clerks of Ontario 28th Annual Conference, Ottawa, Ontario
March 28, 2018
Medical Marijuana in the Workplace
Infonex – Managing Your Duty to Accommodate: Mitigating the Increasing Expense to Organizations for Failing to Accommodate Employees, Ottawa, Ontario
September 21, 2017
6 Minute Employment Lawyer
Duty to Accommodate, Ottawa, Ontario
May 6, 2017
Share Purchase and Asset Purchase Transactions: Employment and Labour Considerations
CACE Future Leaders Conference, Montréal, Québec
March 29, 2017
Up in Smoke: Medical Marijuana in the Workplace
Infonex Duty to Accommodate Conference, Ottawa, Ontario
November 7, 2013
20 Hot Cases Every Corporate Counsel Should Know
Speaker, Association of Corporate Counsel (ACC)
October 22, 2013
Employees vs. Independent Contractors – The "New" Golden Rule of Employer-Worker Relations
Speaker, McMillan's Annual Employment and Labour Seminar, Toronto, Ontario
September 19, 2013
Random Alcohol and Drug Testing in the Workplace
Presenter, The Six-Minute Employment Lawyer 2013
October 23, 2012
Employees Gone Wild – Off-Duty Conduct and Employee Discipline
McMillan Annual Employment and Labour Seminar
October 22, 2010
The Construction Lien Act
Ottawa Construction Association Fall Seminar, Ottawa, Ontario
February 18, 2010
Corporate Social Responsibility in the University Context and its Legal Implications
Council of Ontario University Secretaries (COUS) Conference, University of Guelph-Humber
October 1, 2009
Judicial Consideration - Educational Malpractice: An Update
2009 Canadian Association of University Solicitors (CAUS) Conference, St. John's, Newfoundland
June 2007
Contester la validité d'un règlement municipal : une défaite inévitable?
28 e Congrès annuel de l'Association des juristes d'expression française de l'Ontario (AJEFO) : les arts, la culture et la ville, Ottawa, Ontario
September 2006
Academic Misconduct: Recent Trends
Canadian Association of University Solicitors Conference, Kingston, Ontario