Dave J.G. McKechnie 

Co-Chair, Employment & Labour Relations
Toronto  t: 416.865.7051  |  e: dave.mckechnie@mcmillan.ca

Dave J.G. McKechnie

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7051
e: dave.mckechnie@mcmillan.ca

overview

Dave practises in all areas of labour and employment law at both the provincial and federal level. He advises and represents employers with respect to employee hiring and dismissal, wrongful dismissal claims, disability management and benefit issues, workplace accommodation, harassment, employment standards, employment contracts, employment policies, human rights, grievance arbitration, negotiation and administration of collective agreements, workers' safety and insurance and Canada Labour Code unjust dismissal complaints. Dave also has experience in relation to employee and retiree benefits class action claims.

Dave represents clients in front of various labour tribunals, including the Human Rights Tribunal of Ontario, the Ontario Workplace Safety and Insurance Appeals Tribunal, employment insurance appeals, employment standards hearings and at arbitrations and mediations. Dave has also regularly appeared before the Ontario Superior Court and the Ontario Court of Appeal.

Dave is a member of the firm's business immigration practice, and advises clients on all aspects of business immigration, including labour market opinions, intra-company transfers, professional applications and permanent residence applications for economic class immigration and provincial nominees.

Dave is a graduate with honours of Swarthmore College in Pennsylvania. Prior to joining McMillan, he worked as a litigation clerk at Thompson Coburn LLP in Washington, D.C.

Representative Matters

  • Lawrence v. Norwood Industries Inc., 2016 ONSC 6072 (CanLll)
  • Ontario Nurses’ Association v. Calea Homecare, 2016 CanLll 44017 (ONLRB)
  • Ciszkowksi v. Canac Kitchens, 2015 ONSC 73 (CanLll)
  • Reaume v. Total Security Management and Securitas Canada Limited 2015 HRTO 504 (CanLll)
  • WSIAT Courier Services Decision, 2013 ONWSIAT 958 (CanLll)
  • Nitta Gelatin Canada Inc. and UFCW-Can, Local 1000A (Katarzynski); 2013 CarswellOnt 2290
  • Klimaszewska v. ADESA Auctions Canada, 2011 HRTO 74
  • Dart Aerospace Ltd. v. Duval, 2010 FC 755 (Fed. Ct.)
  • Bautista v. NYK Line (Canada) Inc., 2008 CanLII 59551
  • Firatli v. Kohler Ltd., 2008 CanLII 35266 (ON SC)

Presentations

Publications

Ontario Proposes Major Changes to the Employment Standards Act, 2000
Helping Your Workplace Navigate the Legalization of Marijuana
Over (65) and Out in Benefit Plans is Unconstitutional HRTO Rules
Through the Looking Glass (Ceiling): Ontario Passes New Act to Close Gender Wage Gap
Ontario Immigration Act, 2015 Now In Force
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
All Notice and No Work Makes "Working Notice" Null and Void
The Demise of NAFTA: Creating Uncertainty for Foreign Workers
"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period
Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995
Hiring Employees for Startups: the milestone that could turn into a stumbling block
Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws
Don't Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments
Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision
Back in Styles: Controversial Incentive Compensation Decision Gets Overturned
Indignation Not Resignation: an employee storming off does not mean she is quitting
The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts
Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination
Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light
The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision
Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana
She's Lovin' It! Poor Use of Performance Plan Leads to Wrongful Dismissal
The Ministry of Labour's Ballroom Blitz: Are You Ready?
I'm Taking My Contract and Going to Court: Employers Must Consider Contractual Interests of Dismissed Employees
Take Control of Your Offers: The Cautionary Tale of Buaron v AcuityAds Inc.
"The Risk of Red Herrings": Failing to provide evidence of misconduct leads to punitive damages
"Intern(al) Affairs": Managing Unpaid Internships in Ontario
It's a Two-Way Street: Employees are Required to Give Notice of Resignation
The Price to Entice: Three-Year Employee Awarded 14 Months of Notice
Making Canadian Citizenship More Canadian: Bill C-24 Proposes Major Reforms to the Citizenship Act
"Training Day": The Ontario Occupational Health and Safety Awareness and Training Regulation
"Modern family": The Federal Court recognizes an employer's duty to accommodate childcare obligations
Not what you bargained for: Court hands down controversial ruling on termination provisions
"You can't have your cake and eat it too": The duty to mitigate in employment agreements
Five Good Ideas - Practical Strategies for Non-Profit Success
All things being unequal: Quebec's renewed focus on pay equity
All things being unequal: Quebec's renewed focus on pay equity
Candy is dandy, but that's no excuse to reduce
Thank you for your service, now please leave the country:
Changes to the Immigration and Refugee Protection Act Regulations
Ontario Court of Appeal Answers Bell's Call
Construction Law in Canada
Employees are not Like Tissues: Arbitrator awards more than $500,000 for bad faith discharge
Employment & Labour Law Workshop
Five Good Ideas: Improving Employee Relations
Sick of it All: Tips on Managing Disability Leaves
Vote Early and Vote Often: An Employer's Obligations on Election Day
Government Announces New Stream for Foreign Workers to Immigrate to Canada
Take this job and shove it? Maybe, maybe not:
The Supreme Court of Canada Extends a Dismissed Employee's Duty to Mitigate
Working in Canada - An Immigration Guide
Montreal General Hospital: Supreme Court Approves Use of Deemed Termination Clause
Perils in Employment - Inducement and Reference Letters
Divisional Court Upholds Decision Requiring Unionized Employer to Pay Ontario Health Premium
You Picked A Fine Time To Leave Me, Lucille: Employers' Obligations and Statutory Leaves
Arbitral Creativity: Arbitrator Implies an Anti-Harassment Term in a Collective Agreement
Ontario Publishes New Employment Standards Act Poster
Ontario Announces New Compassionate Leave Plan

News

Employee or Independent Contractor? - New Online Tax Risk Assessment Tool Unveiled
Enda Wong, David McKechnie and Kelly Francis published in The Montréal Gazette

Education

  • University of Toronto, LLB - 2003
  • Swarthmore College, BA (Hons.) - 1997

Year Of Call

  • Called to the Ontario bar - 2004

Practices

employment and labour relations
business immigration
employment law
employment litigation
harassment and discrimination
white collar defence and government investigations
labour arbitration
labour relations
executive compensation
construction

Industries

automotive manufacturers and distributors
alternatives
oil and gas
transportation
cannabis practice group

Directorships and Professional Associations

  • Canadian Association of Counsel to Employers
  • Canadian Bar Association
  • Toronto Lawyers Association

Media Mentions

  • "Review of Five Good Ideas" by Sue Tardi, The Philanthropist, Volume 24
  • "Ruling Sends Shockwaves" by Michael McKiernan, Law Times, May 16, 2010
vcard

Dave practises in all areas of labour and employment law at both the provincial and federal level. He advises and represents employers with respect to employee hiring and dismissal, wrongful dismissal claims, disability management and benefit issues, workplace accommodation, harassment, employment standards, employment contracts, employment policies, human rights, grievance arbitration, negotiation and administration of collective agreements, workers' safety and insurance and Canada Labour Code unjust dismissal complaints. Dave also has experience in relation to employee and retiree benefits class action claims.

Dave represents clients in front of various labour tribunals, including the Human Rights Tribunal of Ontario, the Ontario Workplace Safety and Insurance Appeals Tribunal, employment insurance appeals, employment standards hearings and at arbitrations and mediations. Dave has also regularly appeared before the Ontario Superior Court and the Ontario Court of Appeal.

Dave is a member of the firm's business immigration practice, and advises clients on all aspects of business immigration, including labour market opinions, intra-company transfers, professional applications and permanent residence applications for economic class immigration and provincial nominees.

Dave is a graduate with honours of Swarthmore College in Pennsylvania. Prior to joining McMillan, he worked as a litigation clerk at Thompson Coburn LLP in Washington, D.C.

  • Lawrence v. Norwood Industries Inc., 2016 ONSC 6072 (CanLll)
  • Ontario Nurses’ Association v. Calea Homecare, 2016 CanLll 44017 (ONLRB)
  • Ciszkowksi v. Canac Kitchens, 2015 ONSC 73 (CanLll)
  • Reaume v. Total Security Management and Securitas Canada Limited 2015 HRTO 504 (CanLll)
  • WSIAT Courier Services Decision, 2013 ONWSIAT 958 (CanLll)
  • Nitta Gelatin Canada Inc. and UFCW-Can, Local 1000A (Katarzynski); 2013 CarswellOnt 2290
  • Klimaszewska v. ADESA Auctions Canada, 2011 HRTO 74
  • Dart Aerospace Ltd. v. Duval, 2010 FC 755 (Fed. Ct.)
  • Bautista v. NYK Line (Canada) Inc., 2008 CanLII 59551
  • Firatli v. Kohler Ltd., 2008 CanLII 35266 (ON SC)
October 2018
Ontario Proposes Major Changes to the Employment Standards Act, 2000

Employment and Labour Relations Law Bulletin

September 2018
Helping Your Workplace Navigate the Legalization of Marijuana

Employment and Labour Bulletin

January 2018
Ontario Immigration Act, 2015 Now In Force

Business Immigration Bulletin

November 2017
All Notice and No Work Makes "Working Notice" Null and Void

Employment and Advocacy Bulletin

October 2017
The Demise of NAFTA: Creating Uncertainty for Foreign Workers

Employment and Labour Bulletin

June 2015
"Intern(al) Affairs": Managing Unpaid Internships in Ontario
Employment and Labour Bulletin
January 2015
The Price to Entice: Three-Year Employee Awarded 14 Months of Notice
Employment and Labour Bulletin
September 2011
Five Good Ideas - Practical Strategies for Non-Profit Success
Edited by Alan Broadbent and Ratna Omidvar, Coach House Books
August 2011
All things being unequal: Quebec's renewed focus on pay equity
Mercer/CCH Guide for Employers, July 2011
April 2011
Candy is dandy, but that's no excuse to reduce
Employment and Labour Bulletin
June 2010
Ontario Court of Appeal Answers Bell's Call
Employment and Labour Relations Bulletin
May 2010
Construction Law in Canada

Contributing Author, Book, published by LexisNexis

February 2010
Employment & Labour Law Workshop
Presentation for Maytree Leadership Network, February/March 2010
January 2010
Five Good Ideas: Improving Employee Relations
Presentation for Maytree
November 2009
Sick of it All: Tips on Managing Disability Leaves
Presentation, McMillan Client Seminar
October 2008
Vote Early and Vote Often: An Employer's Obligations on Election Day
Employment and Labour Relations Bulletin
September 2008
Government Announces New Stream for Foreign Workers to Immigrate to Canada
Employment and Labour Relations Bulletin
November 2007
Working in Canada - An Immigration Guide
Presentation at the Auto Parts manufacturing Association HR Conference
February 2007
Montreal General Hospital: Supreme Court Approves Use of Deemed Termination Clause
Employment and Labour Relations Bulletin
May 2006
Perils in Employment - Inducement and Reference Letters
MBM Annual Employment / Pension Law Update, May 17, 2006
October 2004
Ontario Publishes New Employment Standards Act Poster
Employment & Labour Relations Bulletin
March 2004
Ontario Announces New Compassionate Leave Plan
Employment and Labour Relations Bulletin
February 2, 2016
Privacy and the Workplace: The Scop and Limitations of Employee Privacy
Ontario Bar Assocation's Institute, Toronto, Ontario