Profile
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 experience
November 2018
Successfully pursued summary judgment motion in context of wrongful dismissal action, resulting in dismissal of $1.6 million commission claim
November 2017
On appeal, obtained complete acquittal from for charges laid against director for obstruction an officer from inspecting a facility
October 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 agreement
April 2016
Obtained early dismissal of human rights application on basis of application having no reasonable prospect of success
December 2015
Successfully defended an employer’s right to place employee on temporary layoff to facilitate business reorganization in context of business acquisition
February 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 Attwell
March 2013
Ontario Court rules employee manual did not create obligation to continue benefits past age 65, despite elimination of mandatory retirement — Counsel: Dan Attwell
August 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 Attwell
October 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 Attwell
April 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
Articles and papers
September 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 obligations
September 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
