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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 labour market opinions, intra-company transfers, professional 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

Insights by Dave J. G. McKechnie (50 Posts)

Toronto Announces Reporting Obligation and Enhanced Measures for Employers

Jan 4, 2021

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.

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

Dec 23, 2020

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?

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

Dec 9, 2020

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

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

Dec 7, 2020

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

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

Nov 30, 2020

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.

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Nov 18, 2020

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

Oct 22, 2020

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

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

Oct 16, 2020

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

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

Sep 25, 2020

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

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

Aug 19, 2020

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

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

Jul 13, 2020

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

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

Jun 23, 2020

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

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

May 11, 2020

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.

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

Apr 29, 2020

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

The Canada Emergency Wage Subsidy: Increased Assistance on the Horizon

Apr 13, 2020

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

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

Mar 18, 2020

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

COVID-19 – Employer Considerations & Planning for Work Disruption

Mar 11, 2020

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

Coronavirus – A Preparedness and Response Guide for Canadian Businesses

Mar 9, 2020

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

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

Jan 29, 2020

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

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

Jan 28, 2020

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

Employment and Labour Seminar Series: Toronto

Oct 30, 2019

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

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

Oct 30, 2018

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.

Ontario Proposes Major Changes to the Employment Standards Act, 2000

Oct 26, 2018

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

Helping Your Workplace Navigate the Legalization of Marijuana

Oct 3, 2018

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

Navigating Change: Post Election Insights

Jun 20, 2018

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.

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

Jun 6, 2018

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

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

May 14, 2018

Ontario Government enacted the Pay Transparency Act, 2018

Ontario Immigration Act, 2015 Now In Force

Jan 17, 2018

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

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

Jan 16, 2018

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

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

Dec 21, 2017

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

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

Nov 1, 2017

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

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

Oct 31, 2017

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

McMillan’s Employment & Labour Relations Group Seminar

Sep 28, 2017

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.

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

Jun 14, 2017

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

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

Jun 7, 2017

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

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

May 24, 2017

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

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

Feb 6, 2017

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

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

Feb 3, 2017

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

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

Jan 9, 2017

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

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

Jan 5, 2017

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

2016 Annual Employment and Labour Seminar

Oct 20, 2016

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

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

Aug 11, 2016

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

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

Jul 5, 2016

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

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

May 25, 2016

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

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

Apr 14, 2016

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

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

Dec 10, 2015

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

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

Jun 12, 2015

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

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

Jan 31, 2015

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

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

Jan 30, 2015

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

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

May 11, 2007

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