Marc Kitay
Law School
University of Western Ontario
Admitted to Bar
2012
Years of Experience
14
Proficiency In
Severances Package Negotiations, Challenging Mandatory Vaccination Policies and Defending Respondents of Workplace Complaints
A Persuasive Negotiator
Unapologetically Relentless in Pursuit of his Clients’ Goals
Employment lawyer Marc Kitay brings a wealth of knowledge and experience to all matters of employment law. As a partner at Whitten and Lublin, Marc is engaged by employers and employees in all types of workplace disputes.
Marc regularly represents employees in severance package negotiations, workplace investigations, and in defending strategic lawsuits from former employers. However, it is his strong beliefs and love of a challenge that drives his passion in helping clients adversely affected by forced vaccination policies, and to navigate and defend against workplace bullying, harassment, and sexual harassment complaints.
Marc is similarly driven to develop risk-mitigation and prevention strategies for his employer-clients, which are designed to deter lawsuits from former employees.
Clients can expect Marc to be patient, honest, candid and empathic while opposing counsel will find him to be a tough negotiator who advocates aggressively on behalf on his client. While always maintaining professionalism and respect, Marc’s bold and persuasive style sets the tone for negotiations and litigation, ensuring he accomplishes what is in his client’s best interest.
Marc has appeared at all levels of court in Ontario, with his biggest victory coming from the province’s top court, widely regarded as one of the most important employment law decisions of the twenty first century
Marc’s drive to deliver what is best for his clients leads him to protecting his client’s right in court, when necessary. Some of his litigation successes include:
- Ghazvini et al v. Canadian Imperial Bank Of Commerce, 2025 ONSC 5218 – Obtained a large judgment against a major bank by using never-before accepted legal arguments in contract enforceability.
- Timmins v Artian Cells, 2024 ONSC 7123 – obtained a judgment of $456,908 for a senior executive whose employment contract purported to limit his severance to less than a third of the amount awarded by the trial judge.
- Amiry v. Crystal Claire Cosmetics Inc., 2023 HRTO 125 – succeeded in convincing the Human Rights Tribunal to administratively dismiss the Applicant’s case without a formal hearing.
- Learmonth v. Peterborough Regional Health Centre, 2019 ONSC 3397 – obtained the highest possible notice period within the reasonable range.
- Porter v. Cineplex, 2018 ONSC 705 – succeeded in having prejudicial portions of the Defence struck out, resulting in the ability of his client to have a fair hearing.
- Teixeira v. Hamburg Olson LPC, 2017 ONSC 7532 – succeeded in persuading the court to remove the opposing lawyer off of his own case.
- Wood v. Fred Deeley Imports, (2017) ONCA 158 – prevailed in Ontario’s leading case on employment contracts, decided by the Court of Appeal.
Marc’s recent appearances and interviews include:
- Law Times, COVID creating increased interest in waivers but enforceability difficult in some areas, January 22, 2021
- CBC News, Outward bound Canada doesn’t pay minimum wage for 100-hour workweeks, June 28, 2018
- HR Reporter, Harassment acknowledged as tort in Ontario, Nov. 22, 2017
- The Lawyer’s Daily, Going all in on religion, March 17, 2016
- Yahoo News, Pizza job applicants must have “no audible accent”: is that even legal?, August 20, 2015
Your employment
is our specialty
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