Released on November 17, 2023, the recent decision of Van Hee v. Glenmore Inn Holdings Ltd. (available here) is only the second reported court decision in Canada dealing with the question of whether a leave of absence flowing from non-compliance with a mandatory vaccination policy constitutes constructive dismissal.Read more
Law Society of Ontario
University of Ottawa, B.Soc.Sc.
Western University, LL.B.
Canadian Bar Association
Ontario Bar Association
As a member of the Firm’s Employment Law and Litigation Practice Group, Dan maintains a diverse employment litigation practice, including wrongful dismissal actions, human rights, unlawful competition by departed employees, and injunctive relief against unlawful picketing activities.
Adopting a practical approach to managing the workplace, Dan believes that every workplace conflict is an opportunity to go beyond minimal compliance and instead strive for best practices. Dan regularly provides hands-on training to management, human resources and front-line staff and frequently presents and writes on a range of employment topics for clients and industry associations alike.
Representative experienceNovember 2018
Successfully pursued summary judgment motion in context of wrongful dismissal action, resulting in dismissal of $1.6 million commission claimNovember 2017
On appeal, obtained complete acquittal from for charges laid against director for obstruction an officer from inspecting a facilityOctober 2016
Achieved cost-effective dismissal of wrongful dismissal action through summary judgment motion, resisting various challenges pursued by plaintiff in effort to undermine enforceability of employment agreementApril 2016
Obtained early dismissal of human rights application on basis of application having no reasonable prospect of successDecember 2015
Successfully defended an employer’s right to place employee on temporary layoff to facilitate business reorganization in context of business acquisitionFebruary 2015
Successfully defended home builder and supervisor against charges under the Occupational Health and Safety Act laid after a worker fell while installing roof trusses. Crown withdrew all charges after being persuaded that there was no reasonable prospect of conviction.December 2014
Ontario Court dismisses charges laid against construction foreman for permitting noise bylaw violations caused by subcontractors working before posted hours of operation — Counsel: Dan AttwellMarch 2013
Ontario Court rules employee manual did not create obligation to continue benefits past age 65, despite elimination of mandatory retirement — Counsel: Dan AttwellAugust 2012
A construction industry employer was successful in obtaining a “final offer vote” that included a proposal to redefine the scope of the union’s bargaining rights. The employer was successful in spite of the fact that an expired letter of understanding purported to oblige the employer to observe the terms of another collective agreement which already addressed the proposed re-definition. — Counsel: Dan Leone — Research: Matthew Carroll and Dan AttwellOctober 2011
Ontario Labour Relations Board finds that a subcontractor in the business of stucco installation, who itself subcontracts out the physical labour involved with installation, was not the employer of the workers hired to complete the installation and resists an application for certification by a trade union. — Counsel: Dan Leone — Research: Dan AttwellApril 2011
April 2011 – Ontario Labour Relations Board accepts significant modification to long-standing test, effectively diluting union support in the proposed bargaining unit for purposes of certification application in the construction industry. — Counsel: Chris Fiore – Research: Dan Attwell
Dan Attwell and Hilary Grice led a plenary session on Bill 148: The Fair Workplaces, Better Jobs Act – Navigating a New Legal Landscape at the Annual General Meeting of an industry association
Loseph Morrison, Dan Attwell and Hilary Grice presented a complimentary webinar on AODA: A Focus on Employment.
Dan Attwell participated in plenary session on sexual violence and harassment at the Annual General Meeting of an industry association.
Joseph K. Morrison and Daniel E. Attwell presented AODA: Understanding Your 2016 Obligations, a Mathews Dinsdale Live Seminar.
Dan Attwell presented on Accessibility of Ontarians with Disabilities Act Compliancy at the Heavy Construction Association of Toronto.
Joseph K. Morrison and Daniel E. Attwell presented Understanding the AODA, a Mathews Dinsdale Live Seminar.
For the second time this year, the Ontario Government has introduced proposed legislative amendments to several workplace laws under the so-called “Working for Workers Act”. This year’s second iteration – Working for Workers Four Act, 2023 (“Bill 149”, available here) was introduced on November 14, 2023. These proposed changes were announced as part of a larger package that expands on the employee protections provided by the Working for Workers Acts, 2021, 2022 and 2023.Read more
On October 1, 2023, the general minimum wage in more than half the provinces across the country is set to increase, including Ontario, Manitoba, Saskatchewan, Nova Scotia, Prince Edward Island and Newfoundland & Labrador. These increases come on the tail of similar increases which occurred recently in British Columbia and Quebec.Read more
Ontario introduced Bill 88 – known as the Working for Workers Act, 2022 – if passed would provide for a minimum wage and other foundational rights for digital platform workers who offer rides or deliver food and other items for companies like Uber, Lyft, Door Dash and Instacart.Read more
SCC dismissed employers application for leave to appeal. This article discusses the implications of this decision on the enforceability of termination clauses in employment agreements.Read more
Subject to some exceptions, ON has mandated the use of face coverings for all persons inside businesses and organizations that are open to the public across the Province. This article summarizes these new developments.Read more
Employers, it’s time to revisit your employment agreements. The rules of the game have changed. This article provides a review of the recent Ontario Court of Appeal decision.Read more
This article examines whether Bill 124 applies to you, as well as the Act’s effects on various employers.Read more
Articles and papersSeptember 7, 2017
Contributed articles on Accessibility in Ontario: Navigating the Minefield and Understanding Accessible Customer Service to a quarterly industry publication pertaining to AODA compliance obligationsSeptember 17, 2016
Contribution of article to quarterly industry publication entitled New Workplace Requirements – Obligation or Opportunity? addressing how to take advantage of obligations imposed by the Bill 132 amendments to the OHSA in developing best practices dealing with sexual violence and harassment