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Martin Thompson maintains a dynamic employment law and labour relations practice, as well as a litigation and dispute resolution practice focused on complex corporate matters and product liability litigation. Assisting clients from a range of industries, he has particularly deep industry knowledge in the technology, finance, insurance, and retail sectors.

An experienced employment and labour relations lawyer, Martin advises domestic and international clients on diverse matters, including executive compensation, workplace investigations, harassment and discrimination, employee discipline, wrongful dismissal litigation and workplace arbitrations. He also provides guidance on the drafting of employment agreements, policies and compensation, including executive equity plans, employee termination and severance packages, and matters relating to health and safety and human rights in the workplace.

Martin has appeared before the Superior Court, the Divisional Court and the Court of Appeal for Ontario. He represents employers before 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.

An active contributor to McMillan’s professional development programs, Martin mentors law students and associates. He is also an active member of different community charitable organizations. Martin is the Ottawa Office Management Partner since January 2016.



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

Speaking Engagements

Settlement Tips, Tricks and Pitfalls

June 18, 2020

Back to Basics: Rules of Evidence in Employment Trials and Arbitrations

June 10, 2020

Challenging Accommodation Requests: Exploring Recent Trends and Unusual Cases

June 9, 2020

"Like" #whatwasIthinking: Social Media's Growing Role in Litigation The Institute of Law Clerks of Ontario 28th Annual Conference, Ottawa, Ontario

May 4, 2018

Medical Marijuana in the Workplace Infonex – Managing Your Duty to Accommodate: Mitigating the Increasing Expense to Organizations for Failing to Accommodate Employees, Ottawa, Ontario

March 28, 2018

6 Minute Employment Lawyer Duty to Accommodate, Ottawa, Ontario

September 21, 2017

Share Purchase and Asset Purchase Transactions: Employment and Labour Considerations CACE Future Leaders Conference, Montréal, Québec

May 6, 2017

Up in Smoke: Medical Marijuana in the Workplace Infonex Duty to Accommodate Conference, Ottawa, Ontario

March 29, 2017

20 Hot Cases Every Corporate Counsel Should Know Speaker, Association of Corporate Counsel (ACC)

November 7, 2013

Employees vs. Independent Contractors – The "New" Golden Rule of Employer-Worker Relations Speaker, McMillan's Annual Employment and Labour Seminar, Toronto, Ontario

October 22, 2013

Random Alcohol and Drug Testing in the Workplace Presenter, The Six-Minute Employment Lawyer 2013

September 19, 2013

Employees Gone Wild – Off-Duty Conduct and Employee Discipline McMillan Annual Employment and Labour Seminar

October 23, 2012

The Construction Lien Act Ottawa Construction Association Fall Seminar, Ottawa, Ontario

October 22, 2010

Corporate Social Responsibility in the University Context and its Legal Implications Council of Ontario University Secretaries (COUS) Conference, University of Guelph-Humber

February 18, 2010

Judicial Consideration - Educational Malpractice: An Update 2009 Canadian Association of University Solicitors (CAUS) Conference, St. John's, Newfoundland

October 1, 2009

Contester la validité d'un règlement municipal : une défaite inévitable? 28 e Congrès annuel de l'Association des juristes d'expression française de l'Ontario (AJEFO) : les arts, la culture et la ville, Ottawa, Ontario

June 2007

Academic Misconduct: Recent Trends Canadian Association of University Solicitors Conference, Kingston, Ontario

September 2006

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

Rankings & Recognition

  • McMillan Leadership and Mentoring Award 2012

Community Involvement

  • United Way
  • Lawyers Feed the Hungry
  • Lawyers for Kids Charity Hockey Tournament – YMCA-YWCA of the National Capital Region

Directorships & Affiliations

  • 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)
  • Board Member, Canadian Association of Counsel to Employers (CACE)
  • Chair, County of Carleton Law Association (CCLA) Awards Committee

Education & Admissions

2003
Called to the Ontario bar
2002
LLB (Common Law français)University of Ottawa
1999
B.Soc.Sc. (Honours) University of Ottawa

Publications

Insights by Martin J. Thompson (11 Posts)

McMillan’s Employment and Labour Webinar

Nov 10, 2020

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

Employment and Labour Seminar Series: Montréal

Dec 10, 2019

This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.

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.

Employment and Labour Seminar Series: Montréal

Nov 8, 2018

Employment and Labour Seminar Series: Montréal.

Details November 8, 2018

“Don’t Worry, We All Know What That Clause Means” – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements

Jun 21, 2018

Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.

Happy New Year: Termination Clause Upheld by Court of Appeal

Jan 16, 2018

In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.

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

Nov 21, 2017

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

Nov 13, 2017

Bonus Claims: Past Practice Gets A Boost

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.

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

Jun 28, 2017

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

Notice: New Employment Standards Act Requirement on Employers Effective June 19, 2015

May 20, 2015

Notice: New Employment Standards Act Requirement on Employers Effective June 19, 2015