David M. McNevin

Principal

mcnevin@millercanfield.com

Windsor
T: +1.519.790.7476
O: +1.519.977.1555 or +1.313.962.1990
F: +1.519.977.1565

Toronto
O: +1.416.599.7700
F: +1.416.599.7800

With broad experience in all aspects of labour and employment law, David McNevin represents clients in arbitrations, collective bargaining and negotiating collective agreements, defending wrongful dismissal claims in the Ontario Superior Court and hearings before the Ontario Labour Relations Board and under the Canada Labour Code. David also provides advice and assistance to employers on labour and employment matters covering a wide range of matters such as the preparation of employment contracts, discipline and reduction in forces.

In addition, David represents clients in such commercial litigation matters as shareholder disputes, mortgage priorities, commercial tenancy disputes, construction litigation and tax litigation. He has appeared before the Ontario Superior Court of Justice, Ontario Court of Appeal, Tax Court, Federal Court as well as various administrative tribunals.

“My main focus is my client – I consider myself a member of their team – my role is to assist them in achieving their objectives.”
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

Labour and Employment Decisions

Denome v Windsor Essex Community Housing Corp., [2011] O.H.R.T.D. No. 117 (Hum.Rt.Trib.)

Hotel Dieu Grace Hospital v Ontario Public Service Employees Union, [2010] O.L.A.A. No. 356 (Lab.Arb.)

O’Sullivan v Cavalier Tool & Manufacturing Ltd., [2010] O.J. No. 2987, 83 C.C.E.L. (3d) 167 (S.C.)

Metropolitan Hotel v Unite Here Local 75, [2009] O.L.A.A. No. 475 (Lab.Arb.)

Treanor v M. Pearce Trucking Ltd., [2007] C.L.A.D. No. 32 (Adj.)

Rivest v Genesis Express & Logistics Inc., [2007] C.L.A.D. No. 426 (Adj.)

Commercial Litigation Decisions

Coco Paving v Ontario (Minister of Transportation), [2009] O.J. No. 3020, 79 C.L.R. (3d) 161 (S.C.), rev’d. [2009] O.J. No. 2547, 79 C.L.R. (3d) 166 (C.A.)

Manias v Norwich Financial Inc., [2007] O.J. No. 5653, 76 R.P.R. (4^th) 76 (S.C.), aff’d. [2008] O.J. No. 2612, 76 R.P.R. (4^th) 81 (C.A.)

Kyriazakos v Canada, [2007] T.C.J. No. 22, 2007 D.T.C. 373 (TaxCt.)

Novestate Investments Ltd. v 346606 Ontario Ltd., [1999] O.J. No. 3324, 27 R.P.R. (3d) 112 (S.C.)

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; Personal Employment Law, 2011 Winter Semester
Law Society of Upper Canada, Lecturer: Bar Admission Course on Civil Procedure, 2002-2005

Publications

"Assessment of the Impact of Amendments to Rule 20-Is the new rule the same as the old rule?," Institute 2011 of Continuing Professional Development, Ontario Bar Association, April 7, 2011

"2010 Employment Law Highlights-Part II," (Co-Author), Biz X Magazine, March 2011

"2010 Employment Law Highlights," (Co-Author), Biz X Magazine, February 2011

Speeches

“Assessment of the Impact of Amendment to Rule 20, Is the New Rule the same as the Old Rule,” Ontario Bar Association CLE Program, April 2011

“The Annotated Retainer Agreement for Labour and Employment Matters,” Law Society of Upper Canada, CLE Program, April 2009

"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