David Whitten

[email protected]

Law School

Admitted to Bar

Certificate Prg

Years of Experience

Proficiency In

University of Windsor

2002

Intensive Trial
Advocacy – Osgoode Hall

20+

Constructive Dismissal, Termination, Human Rights, Hiring, and Workplace Safety and Insurance

A Force To Be Reckoned With

Transforming Employment Law

A nationally recognized and highly sought-after employment lawyer

David focuses on the strategic, efficient, and effective resolution of workplace issues and challenges for both employers and employees.

He believes that the most productive and successful work environments are those in which both employer and employee are treated with respect. This abiding belief in fairness makes him a compelling advocate in negotiations and in court, rendering David an opponent to be reckoned with.

David specializes in assisting clients with constructive dismissals and terminations for cause. His unique approach leverages his national reputation, legal knowledge, and strength as an efficacious litigator. David has assisted his clients recover millions of dollars in severance with brisk turnaround timing. As a result, he has acquired the reputation of being preeminent when it comes to constructive dismissal matters.

David also provides knowledgeable counsel on a broad range of workplace issues including severance packages, human rights matters, non-competition and non-solicitation clauses and incentive plans. While his expertise on issues that are specific to the C-Suite is extensive, he provides advice to employees at all levels using his tailored approach.

David’s shrewd expertise is evident in his proven ability for anticipating and addressing commonly unforeseen downside issues when negotiating employment contracts for his executive clients. He has earned a reputation for defending business leaders embroiled in conflicts with their Board of Directors or other executives, who are faced with leadership issues, or performance-related criticism from shareholders.

Most importantly, David’s compassionate yet dynamic approach puts his clients first and his expertise generates unparalleled results.

David A. Whitten places great stock in flexibility and finding solutions through negotiated resolution. However, he is also a tenacious litigator. He has appeared before all levels of court in Ontario and a range of tribunals, including: The Ontario Labour Relations Board, Ontario Human Rights Tribunal, The Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal. Some recent significant court cases include:

Nader v. University Health Network, 2022 - successfully overtured lower court’s decision in the Court of Appeal, attaining the client’s bonus entitlement throughout his reasonable notice period.
Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961 - successfully defended an employer’s severance provision despite overwhelming odds. Although the decision was later overturned on appeal, its impact was significant.
Zigomanis v 2156775 Ontario Inc. (D'Angelo Brands, 2018 ONCA 116) - David successfully defended his victory at the trial level before the Ontario Court of Appeal.

Zigomanis v 2156775 Ontario Inc. (D'Angelo Brands), 2016 ONSC 7053 - acting for a professional hockey player, David obtained a judgement for breach of contract.
FLS Transportation Services Inc., v Logistics Dynamics Inc., Macer Transportation Services Inc., Stephen Macdonald, Monica Alaei, RPM Expedite Inc., and Rebecca Greavette, 2012 Ontario Superior Court of Justice - David defeated a motion brought against his client claiming injunctive relief.

David's success has led to continuous recognition by industry and peers

David has been selected for inclusion in the 18th Edition (2024) of The Best Lawyers in Canada ™ for Employment & Labour Law. Recognition is based on consensus opinion of leading lawyers about the professional abilities of their colleagues.
In 2023, David was awarded the 5-Star Employment Lawyers Award, based on receiving highest rankings in work quality, specialist expertise, and client service.
In 2013, Lexpert named David A. Whitten as a litigator to watch in its US Guide to Leading Cross-border Lawyers. Since 2015, David has been named annually by Lexpert as a repeatedly recommended lawyer culminating in him being designated a Leading Practitioner for both Employers and Employees.

Founding partner of Whitten & Lublin; nationally recognized as one of Canada's Best Law Firms by Globe and Mail (and one of the only workplace law firms to receive this distinction).
He also co-authored “HR Manager’s Guide to Independent Contractors in the Workplace” which was published by Carswell.
Recognized by Chambers’ guide for Canada’s Leading Lawyers in Employment Law.

David’s expertise and straight talk are widely recognized in Toronto media circles. His viewpoint has been sought by The Toronto Star, The Globe and Mail and The National Post, and he has commentated on employment issues in interviews with CBC Radio One’s, Here and Now, and News Talk 1010. He is also frequently asked to speak on employment issues by The Human Resources Professional Association, The Canadian Payroll Association and the Certified General Accountants Association of Canada.

Throughout his career, David has worked closely with the Human Resources Professional Association (HRPA), culminating in him being asked to Co-Chair its Annual Law Conference from 2017 to 2021.

A Little More conversation with Ben O’Hara-Byrne, Why admitting to an alcohol problem is the best way to protect your job, May 28, 2024
Canadian HR Reporter, 'They better have all their ducks in a row' RBC's dismissal of its CFO for misconduct puts spotlight on C-suite terminations, April 14, 2024
Canadian Lawyer, David's Interview re: Top Labour and Employment Law Firms in Canada, Feb 7, 2024
Toronto Star, Protecting Careers from Problem Drinking, December 27, 2023
David Whitten’s interview for CTV news regarding sexual misconduct allegations in the workplace , May 2018
David Whitten’s interview regarding overtime exploitation without overtime pay , GlobalNews
David Whitten on News1010 with John Moore sharing Naseem’s story , Feb 2016
David Whitten on Metro Morning regarding the closure of 16 Goodwill stores, 2016
Is medical marijuana acceptable in the workplace?, CBCNews, 2015
Moonlighting Employees: Don’t lose the stars for the clouds, HR This Week , 2015
Harassment allegations a gold mine for third party investigators, (Ottawa AM1310 )
Employer liability with Ebola panic, HR Reporter
Tips for employers and employees when sexual harassment occurs, CBC.
How employers should prepare for medical marijuana use in the workplace (Interview, CBC, Ontario Today)
Medical marijuana in the workplace (CHCH, Square Off)
Unpaid overtime work – Interview, CBC – Ontario Today
Calling for changes to employment standards legislation to provide guidance to employers and employees with respect to sick leave policies
Retirement incentives must be handled with care, HR Reporter
Unpaid internships a costly risk, Canadian Employment Law Today
Holiday parties and corporate liability-interview (CHCH, Square Off)
Holiday parties and employer liability-interview (Moose FM)
Working Past 65 – Interview (CBC Radio – Ontario Today)
David Whitten on The Scott Thompson Show regarding his recent addressing at the House of Commons Standing Committee of Human Resources where he called for a broad-based action by the Government and business community to reduce barriers to working longer and to motivate older workers to postpone retirement past 65. (CHML)
How to Motivate Older Workers to Postpone their Retirement (News 570, The Gary Doyle Show)

Rouge requires new flight attendants to pay for their own training (News 570)
Intern abuse carries stiff penalties (24Hours)
RBC’s temporary workers program with David Whitten (London The Pulse Radio)
David Whitten on the Gary Doyle News on outsourced employees forced to train their replacement in the RBC (570 News)
Executive Bonuses in the Public Sector (CBC Radio)
What to watch for before signing an employment contract (The Globe and Mail)
Bullying: the employee perspective (The Toronto Star)
Age discrimination at the forefront (Canadian Employment Law Today)
Proposed changes to EI and repercussions for severance calculations (The Current on CBC Radio One)
Ottawa’s ‘platinum’ severance packages lavish and unnecessary, lawyer says (The National Post)
New demographic reality a challenge (The Financial Post)
Older employees can protect themselves by making age an issue; lawyer (The Toronto Star)
Workplace bullying: A clear and present danger (Canadian Employment Law Today)
Deconstructing random drug, alcohol testing (Canadian HR Reporter)
Toronto’s employee buyout ‘a disaster in the making’ (The Financial Post)
City of Toronto employee buyout ‘a disaster in the making’ (The National Post)
City buyout puts morale ‘in the toilet’ (The Toronto Star)
Booting Bartz a case of how not to fire an executive (The Globe and Mail)

Older woman with short hair looking into camera

Our impact.

David Whitten is a phenomenal executive employment lawyer. One of the best I’ve had the pleasure of working with

Andrei P

David Whitten really delivers! He has such a wonderful balance of smarts and compassion. I felt very well looked after all the way through the process. I would highly recommend David and his firm. I feel like I have my life back.

Greg Mason

David Whitten recently represented me with an employment matter. I cannot say enough about his professionalism and experience. His communication was thorough yet concise and helped to inform my decisions every step of the way. I found David and his team to be honest and trustworthy and would highly recommend to anyone looking for help in any employment matters. Thank you!

Nathaniel Smart

David Whitten made all the difference, in such a stressful time of my life, having David provide sound advice was essential. If you experience losing your job and having to navigate this chapter of your life; who to represent you during a stressful time. I highly recommend David and his entire firm. The trust factor is huge and appreciated. Thanks for everything.

Fiona Donoghue

David Whitten is the best of the best. I can't say enough good things about my experience when dealing with him and his team, mainly Nadia Halum. I have never needed a lawyer before so the entire process was brand new to me, and intimidating to say the least. David made me feel at ease, he made me feel heard and most importantly, he made me feel protected when dealing with my legal issue. I felt safe and knew I could count on him which is a priceless feeling. He explained everything to me thoroughly and clearly and ensured I felt supported every step of the way. Both he and Nadia are extremely professional and knowledgable. I am forever grateful that I had this team in my corner and I'm thankful to have reached the outcome we did.

Jelena Vuckovic

After finding myself in the middle of an unexpected dismissal, I knew I needed a zealous advocate in my corner that would be able to guide me and fight for my rights. David Whitten was that and more. I can see why he came so highly recommended to me.

The situation felt completely overwhelming but he listened to what I had to share, focused on what mattered and took action immediately. I was very impressed with his insights, advice and confidence in my case. David broke things down in a direct easy-to-understand way which helped me navigate my way through a very unsettling time. I would highly recommended working with David should you be in need of a lawyer that is efficient, effective and even bullish when necessary.

Sholeh Fabbri

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