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David Whitten,

B.A., LL.B., Associate


David is a tenacious advocate for his clients in the areas of employment and human rights law. He is committed to achieving the resolution that best serves his clients’ interests.

When counselling clients on Executive Compensation, David focuses on the big picture. He believes an executive compensation package should reflect the goodwill that the executive has worked so hard to earn in their career. David’s approach to executive compensation results in superior termination provisions, exit strategies and reasonable post-employment obligations.

David communicates well with his clients to ensure to the best of his ability that the results, and costs, are congruent with their expectations. He takes the role of counsellor seriously, providing both legal and practical support as needed.

He is also an effective litigator. David has an impressive track record of resolving the vast majority of his cases without clients having to incur court costs. However, when court is determined to be his client’s best course of action, he is equally effective in the courtroom. He has appeared before all levels of court in Ontario, as well as a number of administrative tribunals.

David completed his law degree at the University of Windsor in 2001, and was admitted to the Bar of Ontario in 2002. He completed the Advocates’ Society’s certificate program in Intensive Trial Advocacy offered through Osgoode Hall in 2005. He also has an undergraduate degree in Political Science from the University of Toronto. David is a member of the Advocates’ Society, the Royal Canadian Legion, the Cambridge Club and former member of the Ontario Bar Association’s executive for the Workers’ Compensation section.

He has written and published the following articles on employment and human rights law:

  • “Employers Can’t Afford Overtime Errors”, Canadian HR Reporter, September 10, 2007.
  • "Staff or contractor: Where to draw the line", Canadian HR Reporter, September 11, 2006.
  • "Employment Contracts: Avoid the Pitfalls", Canadian HR Reporter, July 2005.
  • "Largest Punitive Damage Award in Employment Law History", Workplace News, May 2005.
  • "Determining Notice: It’s an art, not a science", The Canadian Employer, January 2005.
  • "Employee Negligence", Workplace News, November 2004.
  • "When is work location a term of employment?”, The Canadian Employer, July 2004.

David is a frequent public speaker, and delivers the Human Resource Professional Association of Ontario’s (HRPAO) popular training session on “Managing Employee Terminations”.

Contact: 416.847.1814 x110
email: david@rt-law.ca

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