David M. McNevin

Experience

David was involved in a complex set of negotiations to resolve a collective agreement where the trade union sought to short circuit the negotiation process by bringing proceedings before the Labour Relations Board in an effort to impose a collective agreement that was favourable to the trade union.  The matter was eventually resolved to the satisfaction of the employer as a collective agreement was negotiated rather than imposed.

“The union had served a notice of intention to bargain while at the same time commencing proceedings before the Labour Board – I remember my client asking: “can they do that?”.  I said you are asking the wrong question – it’s not whether they can do that – they already have – the question is – what can you do about it.”

Reported + Published Decisions

Flint v. Beaton, (1997) 28 M.V.R. (3d) 52, 101 O.A.C. 54, [1997] O.J. No. 2361 (C.A.)

Klein v. Viscount Mobile Homes Ltd. (1998), 44 B.L.R. (2d) 91 (Ont. Ct. (Gen.Div.))

Novestate Investments Ltd. v. 346606 Ontario Ltd. (1999), 27 R.P.R. (3d) 112 (Ont. S.C.)

Warsh v. International Freehold Financial Services Ltd. [2000] O.J. No. 1100 (C.A.), leave to appeal refused [2000] S.C.C.A. No. 266 (S.C.C.)

Biderman v. Canada, [2000] D.T.C. 6149, F.C.J. No. 194 (Fed. C.A.)

Palesh v. General Accident Group (Canada) Ltd., [2001] O.J. No. 653, 26 C.C.L.I. (3d) 239 (Ont. S.C.)

Lavergne v. Meloche Windsors Ltd. (2001) A.C.W.S. (3d) 967, O.J. No. 932 (Ont. S.C.)

Re: Cineplex Odeon Corp., (2001) 24 C.B.R. (4^th) 201 (Ont.C.A.)

Nussey Estate v. Canada, [2001] F.C.J. No. 519 (Fed.C.A.)

Elmara Construction Co. v. Service Employees’ International Union, [2001] O.J. No. 1540 (S.C.)

1068586 Ontario Ltd. v. A.B.C. Roofing Ltd., [2001] O.J. No. 2925 (Ont.S.C.)

Essex County Roman Catholic School Board v. Ontario English Catholic Teachers’ Association (2001), 56 O.R. (3d) 85, 205 D.L.R. (4^th) 700 (C.A.)

Re: Maple City Electric, [2002] O.L.R.D. No. 2226 (Ont.Lab.Rel.Bd.)

Ram Contract Carriers Ltd. v. Morris,  (2002) 116 A.C.W.S. (3d) 337, [2002] O.T.C. 633,  O.J. No. 3368 (Ont. S.C.)

Wings Technology Inc. v. Nova Tool & Mold Inc., [2003] O.J. No. 1798 (C.A.)

Wilson v. Canada, [2003] T.C.J. No. 396, 2003 TCC 459 (T.C.C.)

Green v. Young Estate, (2003) 124 A.C.W.S. (3d) 195, [2003] O.T.C. 617, O.J. No. 2766 (Ont. S.C.)

Carpenter v. Amherstburg (Town) Police Services Board (2003) 39 C.P.C. (5^th) 155, [2003] O.J. No. 3101 (Ont.S.C.)

Great America Leasing Co. v. Yates, (2003) 68 O.R. (3d) 225, (C.A.)

Wilson Walker LLP v. Royal Bank of Canada, (2004) 130 A.C.W.S. (3d) 1207, [2004] O.J. No. 1934 (Ont.S.C.)

Paterson v. DaimlerChrysler Canada Ltd. [2005] O.J. No. 3817 (Ont.S.C.)

Robinson Motorcycle Ltd. v.Fred Deeley Imports Ltd., (2005) 44 C.P.R. (4^th) 146, [2005] C.C.T.D. No. 36 (Comp.Tribunal)

Fiddick's Nursing Home Ltd. v. Southwestern Ontario Health Care and Service Workers Union, Local 303, [2006] O.L. A.A. No. 90 (Lab.Arb.).

Balkwill v. Ducharme, (2006) 151 A.C.W.S. (3d) 1019, [2006] O.J. No. 1595 (Ont. S.C.)

Kyriazakos v. Canada, [2007] T.C.J. No. 22, 2007 TCC 66 (T.C.C.)

Konstantineau v. Windsor (City) Committee of Adjustment, [2007] O.M.B.D. No. 183 (Ont.M.B.)

Yates v. The Queen, [2007] D.T.C. 1446 (TaxCt.)

Professional Activities

• Law Society of Upper Canada
• Canadian Bar Association
• Essex County Law Association
• Windsor/Essex Bench Bar Committee, Civil Law Representative 2004-2005

Honors + Awards

• University of Windsor School of Law, Aird Berlis Igor Kaplan Award for Integrity, Commitment and Scholarship; Zuber Moot Finalist Award; Torkin Manes Award for Community Involvement; J.W. Whiteside Award; Award for Best Factum in Zuber Moot Competition; Editor, Law Alumni Magazine: Nulli Secundus 1997-1998
• University of Windsor, Founding Member Debate Club, 1989; Student Representative for Political Science 1990-1991; Member Appointments Committee
• Outstanding Lecturer Award, University of Windsor, Faculty of Law 2003-2004

Civic, Cultural + Social Activities

• Windsor Minor Hockey Association, Legal Counsel 2002-present
• Windsor Symphony Orchestra, Legal Counsel 2002-present
• Justice on Ice (raise funds for construction of a court house in Windsor's Children's Safety Village), Co-founder/Co-chair 2007-present
• Windsor Law Alumni Association-Windsor Chapter, Co-chair 2004-2007; Editor Alumni Magazine 1997-1998
• Capitol Theatre, Legal Counsel 2003-2006
• Arts Council Windsor and Region, President 1999-2000; Vice President and Board Member 1997-1998

Teaching Experience

• University of Windsor, Faculty of Law, Sessional Instructor: Civil Procedure and Civil Trial Advocacy, 2002-present
• Law Society of Upper Canada, Lecturer: Bar Admission Course on Civil Procedure, 2002-2005

Speeches

"Canadian Labour Law," Miller Canfield Labour and Employment Symposium, October 2008

"Spoliation, Litigation Holds and Preservation Orders - The New E-Discovery Guidelines," Ontario Bar Association/Essex County Law Association, CLE, June 2006 (written by S. Wortzman)

"Humour-The Best Remedy for Stress and Anything Else You Can Think Of," Institute of Housing Management Annual Educational Conference, May 2006

"Use of Torts in Wrongful Dismissal Claims," Middlesex Law Association, CLE, January 2006

"Amendments to Rule 76 and Summary Trials," Essex County Law Association, December 2001

"Examination for Discovery to Civil Procedure," University of Windsor-Faculty of Law, November 2001

"Employment Standards Act," Employment and Labour Law in Ontario Seminar, October 2001, October 1999; Employee Leave Issues in Ontario Seminar, March 2001, December 1999

"Doing Business in Canada," Canadian Insolvency Law Seminar, August 1999

News

• Marco Dolfi and David McNevin Join Miller Canfield