David Vaughan

David Vaughan has an impressive record of securing significant victories for his clients. Here are some highlights of his most notable cases.

Williamson v. Brandt Tractor Inc.

David secured a substantial severance package for his client, a long-service employee in Ontario, after successfully arguing that his employer failed to establish just cause for his termination.

Pham v. Qualified Metal Fabricators

David and Partner Jon Pinkus secured a groundbreaking and precedent-setting win. They successfully argued that their client’s silence during a temporary layoff, even after multiple extensions, did not amount to consent.

Mazanek v. Bill & Son Towing

In this case, David represented a 44-year-old tow truck driver who was misclassified as a contractor and terminated for cause due to serious allegations of theft. The court found the employer’s allegations unproven and its main witness not credible. Mr. Mazanek was reclassified as an employee and awarded six months of severance and back vacation pay.

Czerniawski v. Corma

David’s client, let go for cause after 19 years in the manufacturing industry, was awarded 19 months’ pay plus 10% for benefits. David successfully argued that the employer failed to explore other disciplinary options and could not fire the employee without severance pay.

Alarashi v. Big Brothers Big Sisters of Toronto

David’s client received only four weeks’ severance pay after four years of employment. David challenged the termination clause in the client’s contract and secured a substantial increase in severance pay.

Fillmore v. Hercules

In an important case at the Ontario Court of Appeal, David successfully defended his client, reaffirming that the duty to mitigate is not triggered unless the employer re-extends an offer to work out the notice period after the initial termination.

Carpenter v. Brains II, Canada

David’s client, terminated without cause after 18 years of employment, was initially given eight weeks’ working notice and 18 weeks’ severance pay. David argued that the termination clause was unenforceable, securing a substantial increase in severance pay for his client.

2023

• Kyndryl cuts 2,000 jobs from workforce in tech downturn

2021

• Are your travel plans worth the risk of losing your job?
• Terminated from Air Canada: Are you entitled to severance?
• Roberto Alomar Fired Over Workplace Harassment

2019

• Can off-duty conduct result in a termination for cause?

2016

• How to calculate severance pay in Canada

2019

• Legal to secretly record phone calls the way Jody Wilson-Raybould did? – 640 Toronto
• Hamilton Woman Says Employer Forced Her to be Around Allegedly Abusive Chiropractor – 900 CHML

2017

• Concerns About Severance Offers for Fired Postmedia & Torstar Employees – 610 CKTB
• Susur Lee restaurant staff lose tips to IOU Policy – CBC News
• Sears Canada: Do Employees Have Any Rights? – Global News
• TTC Employees to Undergo Random Drug Testing – 640 Toronto

David Vaughan is a distinguished alumnus of the University of Western Ontario, where he earned his law degree with honours.

Before pursuing his legal education, David completed both his Master of Arts in Political Science and Bachelor of Arts, Honours in Political Science at Wilfrid Laurier University. His strong academic background laid a robust foundation for his successful career in employment law, equipping him with the analytical skills and comprehensive knowledge necessary to excel in the field.