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David Ertl, LL.B.

David has over 15 years of proven results in employment and labour law, disability, and injury matters. He represents both employees and employers.

He has appeared before the courts of Ontario and British Columbia, the Tax Court of Canada, and various tribunals, including the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, and numerous professional college bodies.

While the vast majority of matters are successfully settled through negotiation, David is well-prepared to litigate matters, and proceed to trial if necessary.

As an adjunct professor, David has taught employment law, tribunal practice and procedure, and trial advocacy. He has written extensively about employment and administrative law matters for Canada’s leading encyclopedic law digest.

David is a certified workplace investigator. He regularly conducts investigations involving a variety of workplace matters, including harassment, bullying, terminations, etc.

David received his law degree from the University of Western Ontario. Then he practiced with a national firm in its Vancouver and Toronto offices where, in addition to employment law, he practiced in areas of criminal law, quasi-criminal, and professional regulation and discipline.

David likes a good challenge. In his spare time, he is a hiker. He has hiked the John Muir Trail (211 miles), Sierra High Route (195 miles), the Trans-Zion Trek (50 miles) and the West Coast Trail (47 miles), among others.

Sample of Court Decisions:

Patterson v. IBM, 2017 ONSC 1264

Court Awards Our Client 18 Months of Pay

After many years of loyal service, IBM terminated our client who was an IT Specialist. We successfully challenged IBM’s severance offer, and were able to obtain an award of 18 months of pay and benefits for Mr. Patterson.

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Summerfield v. Staples Canada Inc., 2016 ONSC 3656

Court Awards Our Client 6 Months of Pay

The employer refused to provide proper severance pay to our client, a 39 year old enterprise account manager with less than 5 years’ experience. David was able to get his client 6 months’ full compensation (more than 1 month per year of service).

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Drysdale v. Panasonic Canada Inc., 2015 ONSC 6878

Court Awards Our Client 22 Months of Pay

In this case, the employer argued that Mr. Drysdale, a warehouse worker, was not “management” and therefore he was entitled to lesser overall severance. David defeated the employer’s argument. The court awarded his client 22 months of notice.

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Patterson v. IBM Canada Limited, 2017 ONSC 3067

David followed up his successful judgment in this case and fought to get his client’s legal fees reimbursed

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Flores v. Sysco Canada, Inc., 2014, SC-12-007328-00

In this case, the employer refused to provide David’s client with adequate severance, and then dug in its heels. David took them to trial, defeated all of their arguments, and got his client the severance she deserved.

Jackson v. M.N.R., 2006 TCC 614

David successfully argued two appeals at the Tax Court of Canada on the issue of whether an accountant whom worked for her spouse (a doctor) was employed in insurable employment.

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If you’re looking for legal advice in Toronto and the Durham Region, look no further than the experienced team at Ertl Law.

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Toronto Office

330 Bay St., Suite 1400
Toronto, ON M5H 2S8

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Durham Office

1315 Pickering Pkwy Suite 300
Pickering, ON L1V 7G5

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Providing services to the following areas

Hamilton, Burlington, Oakville, Milton, Halton Hills, Guelph, Brampton, Mississauga, Caledon, Aurora, Markham, Newmarket, Barrie, Richmond Hill, Vaughan, Peterborough, North Bay, Sudbury, Whitchurch-Stouffville, Pickering, Ajax, Whitby, Oshawa, Bowmanville, Clarington, Brock, Scugog, Uxbridge, Port Hope, Cobourg, and Kingston areas.