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David Whitten

Law School

University of Windsor

Admitted to Bar

2002

Certificate Prg

Intensive Trial Advocacy – Osgoode Hall

Years of Experience

20+

Proficiency In

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

A Force To Be Reckoned With

Transforming Employment Law

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“I believe the best workplaces are built on respect – for both employers and employees. That belief drives everything I do.”

David A. Whitten is a nationally recognized and respected voice in employment law with over 20 years of experience as a trusted advisor to employers and employees including C-suite professionals, founders and senior leaders navigating complex and career – defining workplace challenges. While widely known for his work with executives, David is equally committed to supporting employees at all levels – offering strategic, tailored counsel to anyone facing workplace injustice, uncertainty, or transition.

As a founding partner of Whitten & Lublin, David is known for his strategic mindset, principled advocacy, and unmatched skill in constructive dismissal and termination for cause matters. Whether he is negotiating high-stakes severance packages or litigating against unfair practices, David brings a results-driven, fair-minded approach to every case.

What sets David apart is his dual perspective. He is equally trusted by employees navigating career transitions and employers managing sensitive workplace challenges. This balance allows him to anticipate the opposing side’s moves and deliver more forward thinking and effective strategies. He is particularly adept at advising C-suite professionals and has earned a reputation for defending business leaders embroiled in conflicts with boards or fellow executives.  On the employer side, he guides companies through compliance, discipline, and risk management issues in today’s complex workplace environment.

David’s greatest strength lies in his rare combination of strategic precision and emotional intelligence. He anticipates risk and negotiates from a position of clarity and control, bringing deep experience in executive employment agreements, complex incentive structures, and restrictive covenants that can limit future opportunity. Clients consistently highlight his intuitive ability to read both the legal landscape and the emotional undercurrents of a situation. Compassionate and empathic, he understands that behind every legal issue is a human story. Whether advising senior leaders navigating board-level conflict, internal power struggles, performance-related criticism or supporting employees through a sudden exit, David approaches each matter with insight, care, and decisiveness.

David has earned consistent recognition from Lexpert and Best Lawyers in Canada, and his firm – rated one of the top three in Canada – is known for putting power back in clients’ hands.

With a thriving firm, national recognition, and more than two decades of experience, David leads at the forefront of employment law in Canada. His cross-sector insight and strategic leadership continue to shape the field, helping his clients navigate a rapidly evolving workplace landscape with clarity, fairness, and resolve.

Clients turn to David Whitten not just for protection, but for power, precision, and proven 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 Whitten has once again been named in the 2026 edition of Best Lawyers CanadaTM for Labour and Employment Law. David has been the recipient of this honour since 2021. Recognition is based on consensus opinion of leading lawyers about the professional abilities of their colleagues.
  • Whitten & Lublin has been named in the 2026 edition of Best Law Firms TM– Canada as a Tier 1 Canadian firm and a Tier 1 Toronto firm in Labour and Employment law.
  • 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.
  • David has been awarded for the 10th year in a row the Top 3 Employment Lawyers in Toronto by the ThreeBestRated.
  • In 2023, David was awarded the 5-Star Employment Lawyers Award, based on receiving highest rankings in work quality, specialist expertise, and client service.
  • Founding partner of Whitten & Lublin Employment and Labour Lawyers; nationally recognized as one of Canada’s Best Law Firms in 2026 by Globe and Mail (and one of the only workplace law firms to receive this distinction). Whitten & Lublin is honoured to receive this award yearly since 2021.
  • 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.

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Our impact

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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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