David Fanjoy Photo
David Fanjoy Photo
David Fanjoy Photo

David Fanjoy practices employment and labour law and has experience advising clients on a variety of workplace issues. He regularly provides advice to employers regarding employment standards, workplace health and safety, and the development of workplace policies, and has significant experience providing termination advice and strategy. In addition, David has also represented numerous employers in wrongful dismissal litigation, employment standards disputes and human rights claims. He also advises clients regarding compliance with accessibility laws, both in the employment and commercial context.

David also regularly assists vendors and purchasers with the employment and labour aspects of corporate transactions, advising on employment-related liabilities, collective bargaining issues, and executive compensation. David has acted for start-ups, private equity firms, as well as Canadian and international clients in a wide range of industries.

Prior to his legal studies, David worked as a tree planter for a number of summers, planting over half a million trees across Western Canada.



Representative Matters

  • Acted for Xerox Canada Holdings V Ltd. in connection with its acquisition of Powerland Computers Ltd.

Education & Admissions

2020
Called to the Ontario bar
2019
JD LawWestern University
2014
BA, Political ScienceQueen’s University

Publications

Insights (16 Posts)

Featured Insight

$55,000 Punitive and Moral Damages Award Underscores Importance of Proper Termination Practices

proper termination practices, punitive damages, moral damages, wrongful dismissal damages

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Oct 19, 2022
Featured Insight

Court of Appeal: Single Incident of Sexual Harassment is Cause for Termination

Ontario’s Court of Appeal has upheld the termination of a 30-year employee for cause following a single incident of sexual harassment.

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May 6, 2022
Featured Insight

Deciphering the Right to Disconnect: What does this mean for Ontario, and what could happen in other provinces?

The Ontario government passed legislation containing the “right to disconnect”. Or did they? (they didn’t). But Ontario employers with 25 or more employees have to have a policy on the right to disconnect as of June 2. How should employers approach the policy, manage employee expectations and is the rest of Canada looking to follow suit?

Join McMillan’s Employment & Labour Relations Group as we discuss the requirements of the legislation, considerations in drafting the policy and impacts for employers across the country.

Details
Tuesday, April 19, 2022
Featured Insight

Unmasking Employer Accommodation Obligations and Mutual Frustrations

Arbitration decision highlights employer's duty to accommodate in mandatory mask policy; Unifor Local 333 v Moore Packaging Corp.; frustration of employment

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Dec 8, 2021
Featured Insight

Ontario Passes the Working for Workers Act, 2021

Ontario passes legislation creating a right to disconnect and banning non-compete agreements

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Dec 1, 2021
Featured Insight

The “Right to Disconnect”, a Ban on some Non-Compete Agreements and other Amendments Proposed to the Employment Standards Act, 2000

Update on proposed right to disconnect, ban on non-compete agreements in the Working for the Workers Act, 2021.

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Oct 26, 2021
Featured Insight

COVID-19-related Layoffs Not Grounds for Constructive Dismissal

An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.

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Jun 11, 2021
Featured Insight

Ontario to Provide for Temporary Paid Sick Leave

Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.

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Apr 30, 2021
Featured Insight

Court of Appeal Affirms Decision Limiting Employee Equity Entitlements

Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.

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Apr 27, 2021
Featured Insight

Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.

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Mar 29, 2021
Featured Insight

Supreme Court of Canada Denies Leave to Appeal “Blue Pencil” Decision

The Supreme Court of Canada has denied leave to appeal the Alberta Court of Appeal’s decision to apply the doctrine of notional (or “blue-pencil) severance.

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Mar 14, 2021
Featured Insight

More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.

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Feb 17, 2021
Featured Insight

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.

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Jan 30, 2021
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

Worst Trip Ever! Another Misclassification Class Action Gets Certified

Yet another employment misclassification case has been certified as a class action in Ontario in Montaque v Handa Travel Student Trip Ltd.

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Nov 9, 2020
Featured Insight

Sorry Not Sorry: Ontario Decision Highlights “Aggravating Factors” in Sexual Harassment Cases

An Ontario Court has upheld the termination of a 30-year employee with a clean disciplinary record following a single incident of sexual harassment.

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Jan 7, 2020