David Ertl LL.B.
David has 20 years of proven results in employment law and disability insurance law, in both Ontario and British Columbia.
David passionately represents clients who have been wrongfully dismissed and / or have been denied long-term disability benefits. Over the years, he has recovered millions in improperly withheld severance pay and disability benefits for his clients.
He also a trusted advisor to employers in all areas of employment law, including policy drafting, employee relations, workplace health and safety, privacy, discipline and termination, employment standards, and human rights.
David is a certified workplace investigator, and regularly conducts investigations, with a focus on sexual harassment in the workplace.
He has appeared before the courts of Ontario and British Columbia, the Tax Court of Canada, Human Rights Tribunal (Ontario and B.C.), the Ontario Labour Relations Board, and numerous other tribunals and professional college disciplinary bodies.
As an adjunct professor, David has taught employment law, tribunal practice and procedure, and trial advocacy. He has also written extensively about employment and administrative law matters for Canada’s leading encyclopedic law digest.
David received his law degree from the University of Western Ontario.
David practised with a national law firm in both its Vancouver and Toronto offices where, in addition to employment law, he practised in areas of injury and disability, professional regulation and discipline, as well as criminal and quasi-criminal defence.
Some of David’s reported cases include:
Drysdale v. Panasonic Canada Inc., 2015 68678 (CanLII)
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 severance pay.
Patterson v. IBM Canada Limited, 2017 ONSC 1264 (CanLII)
After many years of loyal service, IBM terminated our client who was an IT Specialist. David successfully challenged IBM’s severance offer, and was able to obtain an award of 18 months of pay and benefits for Mr. Patterson.
Summerfield v. Staples Canada Inc.,
2016 ONSC 3656 (CanLII)
Staples 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).
Jackson v. M.N.R., 2006 TCC 614
David successfully argued two appeals against the Ministry of National Revenue, at the Tax Court of Canada, proving that an accountant whom worked for her spouse (a doctor) was employed in insurable employment.