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Dave McKechnie is an experienced lawyer with expertise in all areas of employment and labour relations law and business immigration. He has extensive experience representing clients in the automotive and manufacturing industries.

Acting for employers on a wide range of disputes, Dave provides counsel on claims of harassment, wrongful dismissal, and Canada Labour code unjust dismissal. He represents his clients in grievance arbitrations, and is experienced in employee and retiree benefits class actions claims. Dave appears regularly before various labour tribunals including the Human Rights Tribunal of Ontario, the Ontario Workplace Safety and Insurance Appeals Tribunal, and before the Ontario Superior Court and the Ontario Court of Appeal.

Dave also provides guidance to employers on employment standards, disability management and benefits, employment contracts, employment policies, human rights in the workplace, as well as the negotiation and administration of collective agreements.

In his business immigration practice, Dave advises on the full spectrum of issues, including immigration issues in corporate transactions, labour market impact assessments, intra-company transfers, CUSMA, CPTPP and GATS professional work permit applications, and permanent residence applications for economic class immigration and provincial nominees.



Representative Matters

  • Lawrence v. Norwood Industries Inc., 2016 ONSC 6072 (CanLll)
  • Ontario Nurses’ Association v. Calea Homecare, 2016 CanLll 44017 (ONLRB)
  • Ciszkowksi v. Canac Kitchens, 2015 ONSC 73 (CanLll)
  • Reaume v. Total Security Management and Securitas Canada Limited 2015 HRTO 504 (CanLll)
  • WSIAT Courier Services Decision, 2013 ONWSIAT 958 (CanLll)
  • Nitta Gelatin Canada Inc. and UFCW-Can, Local 1000A (Katarzynski); 2013 CarswellOnt 2290
  • Klimaszewska v. ADESA Auctions Canada, 2011 HRTO 74
  • Dart Aerospace Ltd. v. Duval, 2010 FC 755 (Fed. Ct.)
  • Bautista v. NYK Line (Canada) Inc., 2008 CanLII 59551
  • Firatli v. Kohler Ltd., 2008 CanLII 35266 (ON SC)


News


Media Mentions

  • “Review of Five Good Ideas” by Sue Tardi, The Philanthropist, Volume 24
  • “Ruling Sends Shockwaves” by Michael McKiernan

Directorships & Affiliations

  • Canadian Association of Counsel to Employers
  • Canadian Bar Association
  • Toronto Lawyers Association

Education & Admissions

2004
Called to the Ontario bar
2003
LLBUniversity of Toronto
1997
BA (Hons.) Swarthmore College

Publications

  • “Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees Who Breached COVID-19 Safety Protocols,” Employment and Labour Law Reporter, LexisNexis, February 2021

Insights by Dave J. G. McKechnie (55 Posts)

Featured Insight

Mandatory Workplace COVID-19 Testing Policy Upheld

A recent labour arbitration decision in Ontario found that an employer can implement a mandatory COVID-19 testing policy.

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Sep 8, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

Broken Processes: Human Rights Tribunal Reminds Employers of the Importance of the Procedural Duty to Accommodate

Two recent decisions of the Ontario Human Rights Tribunal elaborate on employers’ procedural duty to accommodate.

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Mar 10, 2021
Featured Insight

Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)

While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.

Details
February 10, 2021 - 2:00 pm to 3:00 pm EST
Featured Insight

Toronto Announces Reporting Obligation and Enhanced Measures for Employers

Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.

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Jan 4, 2021
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

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Dec 23, 2020
Featured Insight

Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols

Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.

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Dec 9, 2020
Featured Insight

“The Risk of Red Herrings”: Failing to provide evidence of misconduct leads to punitive damages

"The Risk of Red Herrings": Failing to provide evidence of misconduct leads to punitive damages

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Dec 7, 2020
Featured Insight

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

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Nov 30, 2020
Featured Insight

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

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Nov 18, 2020
Featured Insight

McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Details
November 10, 2020 - 11:30 am to 1:30 pm
Featured Insight

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

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Oct 22, 2020
Featured Insight

Buyer Beware! Waiving Past Service Isn’t Possible under Employment Standards Legislation

Purchasers in commercial transactions are not entitled to contract out of their Employment Standards Act obligations for an employee's prior service.

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Oct 16, 2020
Featured Insight

Bill 195 Ends the State of Emergency: What Ontario Employers Should Know

On July 24, 2020 the Reopening Ontario Act 2020, known colloquially as Bill 195, came into effect, bringing an end to the provincial state of emergency

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Sep 25, 2020
Featured Insight

UPDATE – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 – Travel Restrictions and Quarantine Requirements

Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 - Travel Restrictions and Quarantine Requirements.

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Aug 19, 2020
Featured Insight

Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board

The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.

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Jul 13, 2020
Featured Insight

Another Brick in the Wall (Removed) (Part 29): Court of Appeal Continues to Chip Away at ESA Termination Provisions

The Ontario Court of Appeal releases a ground breaking decision with respect to enforceability of termination provisions in employment agreements.

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Jun 23, 2020
Featured Insight

“It (hasn’t) been such a long time.” Accruing Seniority Does Not Equal Employed for Seasonal Employees

On January 1, 2018, the Employment Standards Act, 2000 (“ESA”) was amended to provide for increased vacation entitlements for employees whose “period of employment” is five years or more.

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May 11, 2020
Featured Insight

Establishing the New Normal: Return to Work Considerations in the COVID-19 Era

As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.

Apr 29, 2020
Featured Insight

The Canada Emergency Wage Subsidy: Increased Assistance on the Horizon

The Canada Emergency Wage Subsidy offers government subsidies of up to 75% of qualifying employee wages.

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Apr 13, 2020

COVID 19 – Governor in Council Order Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know

COVID 19 – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know

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Mar 18, 2020
Featured Insight

COVID-19 – Employer Considerations & Planning for Work Disruption

Help for businesses to identify issues & suggest risk mitigation steps regarding the COVID-19 outbreak & the potential for economic & operational disruption

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Mar 11, 2020
Featured Insight

Coronavirus – A Preparedness and Response Guide for Canadian Businesses

What steps should corporations take to mitigate the risks posed by COVID-19 to the health and safety of their workforce and contractual obligations.

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Mar 9, 2020
Featured Insight

Stop the Spread: What Employers Need to Know About Coronavirus in the Workplace

As Canada confirms its first cases of the Coronavirus, we remind employers and employees of their rights and responsibilities in the workplace.

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Jan 29, 2020
Featured Insight

We Do Not Think It Means What You Think It Means: The Ontario Court of Appeal Addresses Incentive Compensation Plans in O’Reilly v. IMAX Corporation

Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.

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Jan 28, 2020
Featured Insight

Employment and Labour Seminar Series: Toronto

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

Oct 30, 2019
Featured Insight

First Mover Advantage: The Legalization of Adult Use Cannabis in Canada

Whether you are new to the cannabis industry, interested in starting a cannabis business, or have been seizing opportunities for a while — join us for an interactive day on the strategic and legal implications of the legalization of cannabis in Canada.

Details
October 30, 2018 - 7:30 am to 3:35 pm
Featured Insight

Ontario Proposes Major Changes to the Employment Standards Act, 2000

On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)

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Oct 26, 2018
Featured Insight

Helping Your Workplace Navigate the Legalization of Marijuana

McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.

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Oct 3, 2018
Featured Insight

Navigating Change: Post Election Insights

McMillan LLP and McMillan Vantage Policy Group invite you to our ‘Post-Election Insights’ event. Our panel of government relations experts have deep political knowledge and first-hand experience with the campaigns.

Details
June 20, 2018 - 7:30 AM to 9:00 AM
Featured Insight

Over (65) and Out in Benefit Plans is Unconstitutional HRTO Rules

On May 18, 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released its interim decision in Talos v Grand Erie District School Board.

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Jun 6, 2018
Featured Insight

Through the Looking Glass (Ceiling): Ontario Passes New Act to Close Gender Wage Gap

Ontario Government enacted the Pay Transparency Act, 2018

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May 14, 2018

Ontario Immigration Act, 2015 Now In Force

Ontario Immigration Act established comprehensive framework for application and administration of Ontario Immigrant Nominee Program by strengthening transparency consistency and accountability of OINP

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Jan 17, 2018
Featured Insight

Aggravated Damages Awarded by BC Court As Denunciation of Employer’s Disingenuous Offers and Aggressive Defenses

BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement

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Jan 16, 2018
Featured Insight

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

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Dec 21, 2017
Featured Insight

All Notice and No Work Makes “Working Notice” Null and Void

All Notice and No Work Makes "Working Notice" Null and Void

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Nov 1, 2017

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

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Oct 31, 2017

McMillan’s Employment & Labour Relations Group Seminar

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Details
September 28, 2017
Featured Insight

“She Got a Break Today” – Court Refuses to Deduct Earnings During Notice Period

"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period

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Jun 14, 2017
Featured Insight

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

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Jun 7, 2017
Featured Insight

Changing Workplaces Review Recommends Significant Changes to Ontario’s Labour and Employment Laws

Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws

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May 24, 2017
Featured Insight

Don’t Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments

Don't Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments

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Feb 6, 2017

Tips for Supporting an Employee’s Application for Provincial Nomination from Recent BC PNP Decision

Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision

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Feb 3, 2017
Featured Insight

Indignation Not Resignation: an employee storming off does not mean she is quitting

Indignation Not Resignation: an employee storming off does not mean she is quitting

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Jan 9, 2017
Featured Insight

The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts

The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts

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Jan 5, 2017
Featured Insight

2016 Annual Employment and Labour Seminar

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Details
8:00 AM - 11:30 AM
Featured Insight

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

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Aug 11, 2016
Featured Insight

The Cure for What Ails You: Court Rejects “Technical Objections” to Termination Provision

The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision

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Jul 5, 2016
Featured Insight

She’s Lovin’ It! Poor Use of Performance Plan Leads to Wrongful Dismissal

Shes Lovin It! Poor Use of Performance Plan Leads to Wrongful Dismissal

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May 25, 2016
Featured Insight

The Ministry of Labour’s Ballroom Blitz: Are You Ready?

The Ministry of Labour's Ballroom Blitz: Are You Ready?

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Apr 14, 2016
Featured Insight

Take Control of Your Offers: The Cautionary Tale ofBuaron v AcuityAds Inc.

Take Control of Your Offers: The Cautionary Tale of Buaron v AcuityAds Inc.

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Dec 10, 2015
Featured Insight

“Intern(al) Affairs”: Managing Unpaid Internships in Ontario

"Intern(al) Affairs": Managing Unpaid Internships in Ontario

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Jun 12, 2015
Featured Insight

It’s a Two-Way Street: Employees are Required to Give Notice of Resignation

It's a Two-Way Street: Employees are Required to Give Notice of Resignation

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Jan 31, 2015
Featured Insight

The Price to Entice: Three-Year Employee Awarded 14 Months of Notice

The Price to Entice: Three-Year Employee Awarded 14 Months of Notice

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Jan 30, 2015
Featured Insight

Hiring Employees for Startups: the milestone that could turn into a stumbling block

Hiring Employees for Startups: the milestone that could turn into a stumbling block

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May 11, 2007