David Fanjoy Photo
David Fanjoy Photo
David Fanjoy Photo

 

David 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 as well as termination advice and strategy. In addition, David has 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 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.
  • Successfully moved to dismiss Application under section 34 of Ontario’s Human Rights Code in Harvey v. Bunge Canada, 2023 HRTO 124.

Education & Admissions

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

Publications

  • “Singular Belief on Vaccination is Not Discrimination”, co-author with Ioana Pantis, Health Law Matters by LexisNexis, No 302 (January 2024)
  • “Singular Belief on Vaccination is Not Discrimination”, co-author with Ioana Pantis, Labour Notes by LexisNexis, No 1721 (September 29, 2023)
  • Unmasking Employer Accommodation Obligations and Mutual Frustrations“, co-author with Ioana Pantis, Labour Notes by LexisNexis, No 1681 (December 27, 2021)

Insights (28 Posts)View More

Featured Insight

Proposed Changes to Employment in Ontario: Working for Workers Five Act, 2024

This bulletin discuss new employer obligations proposed in Bill 190, the Working for Workers Five Act, 2024.

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May 28, 2024
Featured Insight

How to do it Right: Legal Necessities of Launching a Tech Start-up

An overview of the necessary legal components of tech start-ups.

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Apr 8, 2024
Featured Insight

Opa! A Reminder to Employers on the Importance of Proper Investigations

Restaurant employee awarded significant damages for employer's failure to investigate sexual harassment allegations.

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Mar 26, 2024
Featured Insight

Working for Workers Four Act, 2023: How Ontario’s Proposed Changes Will Impact Employers

This bulletin discusses new employer obligations for job postings, tip and wage protections, and more as proposed in the Working for Workers Four Act, 2023.

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Nov 22, 2023
Featured Insight

Comprehensive Vacation Webinar Series | Part II: Pay Considerations

This session will take a deep dive into the complexities of vacation pay, to make sure you know how to calculate it correctly.

Details
Wednesday, October 18, 2023
Featured Insight

Comprehensive Vacation Webinar Series | Part I: Policy and Practical Considerations

This session will provide you with basics of vacation pay and time, and discuss the various types of vacation policies that may work best for your workplace.

Details
Wednesday, September 20, 2023
Featured Insight

2023 AODA Compliance Report Deadline is Fast Approaching

Another deadline under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is fast approaching: the 2023 accessibility compliance report.

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Sep 11, 2023
Featured Insight

Singular Belief on Vaccination Is Not Discrimination

Ontario's Human Rights Tribunal rules that opposition to COVID-19 vaccination and belief in bodily autonomy are not protected by the Human Rights Code.

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Aug 15, 2023
Featured Insight

When Political Theatre Becomes Workplace Drama: Political Speech and Work

This bulletin provides a summary of legislative protections for political belief across Canada, followed by an overview of the implications for employers.

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May 23, 2023
Featured Insight

Employer’s Disturbing Termination Conduct Results in $15,000 Moral Damages Award

Teljeur v Aurora Hotel Group 2023 ONSC 1324 provides example of post-termination conduct and bad faith damages.

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Mar 16, 2023
Featured Insight

Politics and the Workplace

As politics become more polarized in Canada and abroad, and as social media continues to encroach on the workplace, employers have to understand how to deal with political views that come into the workplace.

Details
Thursday, March 9, 2023
Featured Insight

Prior Employee Experience May Enhance Common Law Entitlements

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

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Dec 7, 2022
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