Skip to Main Content

David Whitten

Law School

University of Windsor

Admitted to Bar

2002

Certificate Prg

Intensive Trial Advocacy – Osgoode Hall

Years of Experience

20+

Proficiency In

Constructive Dismissal, Termination, Human Rights, Hiring, and Workplace Safety and Insurance

A Force To Be Reckoned With

Transforming Employment Law

Award image 1
Award image 3
Award image 5
Award image 7
Award image 9

“I believe the best workplaces are built on respect – for both employers and employees. That belief drives everything I do.”

For over twenty years, I’ve worked at the highest levels of employment law in Canada, guiding executives, founders, and professionals through some of the most difficult and defining moments of their careers. Wrongful and constructive dismissals, high stakes executive exits, compensation and equity disputes, terminations for cause, workplace conflict. These are never just legal problems. They’re personal, professional, and financial inflection points, and how they’re handled in the first weeks usually shapes the outcome.

My mission is straightforward: to get my clients the best possible result, with as little collateral damage as possible. I’m a seasoned litigator, but the clients who come to me are rarely looking for a drawn-out fight. They want resolution. Fast, discreet, and on the best possible terms. That is where I do my strongest work. I’ve spent two decades developing the judgement to know when to push, when to hold, and how to create leverage that moves the other side without ever needing a courtroom. Consequently, most matters I take on resolve quietly and far faster than expected.

A great deal of what I do happens in conversations, not filings. Twenty years in the same field has meant building deep credibility with the senior employment bar in this country, and that credibility is often the quietest reason matters resolve the way they do. When the lawyer across the table knows you’ve thought three moves ahead, and that you can be trusted to make a deal stick, the conversation changes. More often than not, that is what makes the difference for my clients.

My advantage is also that I’ve sat on both sides of the table. Representing employees and employers throughout my career has given me a working understanding of how decisions are actually made in the boardroom. What risks the other side is weighing, where the pressure points sit, and which arguments will land. I use that to negotiate with precision, not posturing.

A meaningful portion of my work happens before a matter formally begins. Clients often call me when something starts to feel wrong but nothing decisive has happened yet. A shift in tone, a board dynamic, a quiet sidelining, a difficult conversation on the horizon. In those moments, the most valuable thing I can offer is not a legal strategy but a steady read on what is actually unfolding, and what to do about it before the situation hardens. Getting in early often changes everything that follows.

Today, my practice is largely concentrated on advising senior executives, founders, and leadership teams navigating complex exits, compensation and equity disputes, governance issues, and board level conflict. While I have extensive expertise in issues specific to the C-suite, my strong belief in fairness in the workplace means that I provide advice to employees at all levels. I also advise employers on sensitive terminations and risk mitigation before issues escalate.

As a founding partner of Whitten & Lublin, I’ve helped build one of Canada’s leading employment law firms, recognized by the Globe and Mail as one of Canada’s Best Law Firms every year since 2021, and ranked by Chambers Canada, Lexpert, and Best Lawyers in Canada. I co-authored Carswell’s HR Manager’s Guide to Independent Contractors in the Workplace, and I’m a regular voice in the Toronto Star, Globe and Mail, on CBC, and on NewsTalk 1010 on workplace law.

If circumstances have shifted, relationships have broken down, or the stakes feel unusually high, I can give you clarity, direction, and a path forward. I’ll help you understand your position, protect your leverage, and move toward the right outcome through negotiation, settlement, or litigation where necessary.

Let’s talk.

David A. Whitten places great stock in flexibility and finding solutions through negotiated resolution. However, he is also a tenacious litigator. He has appeared before all levels of court in Ontario and a range of tribunals, including: The Ontario Labour Relations Board, Ontario Human Rights Tribunal, The Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal. Some recent significant court cases include:

  • Nader v. University Health Network, 2022 – successfully overtured lower court’s decision in the Court of Appeal, attaining the client’s bonus entitlement throughout his reasonable notice period.
  • Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961 – successfully defended an employer’s severance provision despite overwhelming odds. Although the decision was later overturned on appeal, its impact was significant.
  • Zigomanis v 2156775 Ontario Inc. (D’Angelo Brands, 2018 ONCA 116) – David successfully defended his victory at the trial level before the Ontario Court of Appeal.
  • Zigomanis v 2156775 Ontario Inc. (D’Angelo Brands), 2016 ONSC 7053 – acting for a professional hockey player, David obtained a judgement for breach of contract.
  • FLS Transportation Services Inc., v Logistics Dynamics Inc., Macer Transportation Services Inc., Stephen Macdonald, Monica Alaei, RPM Expedite Inc., and Rebecca Greavette, 2012 Ontario Superior Court of Justice – David defeated a motion brought against his client claiming injunctive relief.

David’s success has led to continuous recognition by industry and peers

  • David Whitten has once again been named in the 2026 edition of Best Lawyers CanadaTM for Labour and Employment Law. David has been the recipient of this honour since 2021. Recognition is based on consensus opinion of leading lawyers about the professional abilities of their colleagues.
  • Whitten & Lublin has been named in the 2026 edition of Best Law Firms TM– Canada as a Tier 1 Canadian firm and a Tier 1 Toronto firm in Labour and Employment law.
  • In 2013, Lexpert named David A. Whitten as a litigator to watch in its US Guide to Leading Cross-border Lawyers. Since 2015, David has been named annually by Lexpert as a repeatedly recommended lawyer culminating in him being designated a Leading Practitioner for both Employers and Employees.
  • David has been awarded for the 10th year in a row the Top 3 Employment Lawyers in Toronto by the ThreeBestRated.
  • In 2023, David was awarded the 5-Star Employment Lawyers Award, based on receiving highest rankings in work quality, specialist expertise, and client service.
  • Founding partner of Whitten & Lublin Employment and Labour Lawyers; nationally recognized as one of Canada’s Best Law Firms in 2026 by Globe and Mail (and one of the only workplace law firms to receive this distinction). Whitten & Lublin is honoured to receive this award yearly since 2021.
  • He also co-authored “HR Manager’s Guide to Independent Contractors in the Workplace” which was published by Carswell.
  • Recognized by Chambers’ guide for Canada’s Leading Lawyers in Employment Law.

David’s expertise and straight talk are widely recognized in Toronto media circles. His viewpoint has been sought by The Toronto Star, The Globe and Mail and The National Post, and he has commentated on employment issues in interviews with CBC Radio One’s, Here and Now, and News Talk 1010. He is also frequently asked to speak on employment issues by The Human Resources Professional Association, The Canadian Payroll Association and the Certified General Accountants Association of Canada.

Throughout his career, David has worked closely with the Human Resources Professional Association (HRPA), culminating in him being asked to Co-Chair its Annual Law Conference from 2017 to 2021.

Older woman with short hair looking into camera

Our impact

blue-quote-corner

David Whitten is a phenomenal executive employment lawyer. One of the best I’ve had the pleasure of working with

Andrei P

David Whitten really delivers! He has such a wonderful balance of smarts and compassion. I felt very well looked after all the way through the process. I would highly recommend David and his firm. I feel like I have my life back.

Greg Mason

David Whitten recently represented me with an employment matter. I cannot say enough about his professionalism and experience. His communication was thorough yet concise and helped to inform my decisions every step of the way. I found David and his team to be honest and trustworthy and would highly recommend to anyone looking for help in any employment matters. Thank you!

Nathaniel Smart

David Whitten made all the difference, in such a stressful time of my life, having David provide sound advice was essential. If you experience losing your job and having to navigate this chapter of your life; who to represent you during a stressful time. I highly recommend David and his entire firm. The trust factor is huge and appreciated. Thanks for everything.

Fiona Donoghue

David Whitten is the best of the best. I can't say enough good things about my experience when dealing with him and his team, mainly Nadia Halum. I have never needed a lawyer before so the entire process was brand new to me, and intimidating to say the least. David made me feel at ease, he made me feel heard and most importantly, he made me feel protected when dealing with my legal issue. I felt safe and knew I could count on him which is a priceless feeling. He explained everything to me thoroughly and clearly and ensured I felt supported every step of the way. Both he and Nadia are extremely professional and knowledgable. I am forever grateful that I had this team in my corner and I'm thankful to have reached the outcome we did.

Jelena Vuckovic

After finding myself in the middle of an unexpected dismissal, I knew I needed a zealous advocate in my corner that would be able to guide me and fight for my rights. David Whitten was that and more. I can see why he came so highly recommended to me. The situation felt completely overwhelming but he listened to what I had to share, focused on what mattered and took action immediately. I was very impressed with his insights, advice and confidence in my case. David broke things down in a direct easy-to-understand way which helped me navigate my way through a very unsettling time. I would highly recommended working with David should you be in need of a lawyer that is efficient, effective and even bullish when necessary.

Sholeh Fabbri

See All Testimonials
Red Triangle

Your employment
is our specialty

In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

All required fields are marked with an asterisk (*).

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*
Please enter a number greater than or equal to 0.
Schedule a Consultation Request a Consultation
Call Now