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
Settlement Tips, Tricks and Pitfalls
Back to Basics: Rules of Evidence in Employment Trials and Arbitrations
Challenging Accommodation Requests: Exploring Recent Trends and Unusual Cases
"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
- "SCC ruling will impact on business asset purchasers - Focus on commercial & Corporate Law", Law Times, February 25, 2019
- "The Changing Face of Legal Leadership in Ottawa – Ottawa HR Update", Ottawa Business Journal, November 6, 2017
- "2017 Ottawa Best Offices: McMillan LLP’s Ottawa office blends form and function", Ottawa Business Journal, October 2017
- "Avoiding the pitfalls of white-collar overtime" by Elizabeth Howell, Ottawa HR, page 8-9, June 23, 2014