David Vaughan
B.A. (Hons.), M.A., J.D.
National Practice Leader
Contact Information
Contact David
T: 1 (844) 661-9065 (Ext.221)
F: (416) 361-0993
E: david.vaughan@stlawyers.ca
Contact Assistant – Melany Gardiner
T: 1 (844) 661-9065 (Ext. 117)
E: melany.gardiner@stlawyers.ca
Practice Areas
Employment Law
Location
Ottawa, Toronto
Experience
David Vaughan, the esteemed National Practice Leader of Samfiru Tumarkin LLP’s Labour and Employment Law practice group, stands as a beacon of advocacy and excellence in employment law. Operating out of the firm’s Toronto and Ottawa offices, David provides unparalleled representation for clients across Ontario.
With a comprehensive grasp of employment and labour law, David offers expert counsel in:
- Severance packages
- Wrongful dismissals
- Terminations (without cause and for cause)
- Employment contracts
- Human rights issues
- Workplace harassment and discrimination
- Constructive dismissal
- Restrictive covenants
David’s legal acumen and strategic foresight have earned him the respect of colleagues and clients alike. His reputation for providing thoughtful, timely, and strategic advice has led to a remarkable track record of resolving wrongful dismissal and other employment-related claims. Known for his unwavering commitment, David consistently represents his clients’ interests before Ontario courts and administrative tribunals with passion and vigour.
Clients continually highlight David Vaughan’s professionalism, dedication, and results-driven approach. They commend his strategic assertiveness, empathetic communication, and transparency, noting how he restores their confidence and self-esteem after wrongful terminations. David’s responsiveness and clear advice lead to better-than-expected settlements, earning him a reputation for excellence and unwavering client advocacy.
Professional Journey and Personal Interests
Before joining Samfiru Tumarkin LLP in 2012, David honed his skills articling at one of Toronto’s top labour and employment law firms. This invaluable experience set the foundation for his success in the field.
Outside of work, David enjoys a well-rounded life filled with hockey, reading, cooking, and spending quality time with loved ones. These personal interests provide him with a balanced perspective, enriching his professional practice with empathy and relatability.
Whether you are an employer or an employee, David Vaughan’s expertise can guide you through the complexities of employment law. Reach out to David and the team at Samfiru Tumarkin LLP for strategic advice and dedicated representation. Let David Vaughan champion your cause and secure the justice you deserve.
Education
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.
Notable Cases
David Vaughan has an impressive record of securing significant victories for his clients. Here are some highlights of his most notable cases.
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.
Radio Hosting
The Employment Law Show on Radio
On Monday nights at 7 p.m. on Global News Radio 640 Toronto and 980 CFPL in London, David hosts the Employment Law Show. The live call-in program gives employees and employers in Toronto and the GTA the opportunity to talk to an experienced employment lawyer about their employment rights and workplace issues.
Topics of interest include severance pay, workplace harassment and discrimination, wrongful dismissal, constructive dismissal, misclassification of employees and independent contractors in Ontario, employment contracts and more.
Publications
Interviews & Media
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
- Sears Canada & Creditor Protection: Why This Is Bad For Employees – 640 Toronto
- TTC Employees to Undergo Random Drug Testing – 640 Toronto
More from David Vaughan
Discover more about your employment rights with additional resources from partner David Vaughan.Blog
Global News – Sears Canada: Do Employees Have Any Rights?
Sears Canada is seeking court protection from its creditors. Will the 2,900 employees eliminated in its restructuring plan receive ANY severance pay…
The Employment Law Show
Employment Law Show 640 Toronto – S7 E84
Fixed-term contracts, constructive dismissal facts, why you shouldn't accept Employment Standards Act severance pay, termination pay & your workplace rights…
Blog
TTC Employees to Undergo Random Drug Testing
David Vaughan, Partner at Samfiru Tumarkin LLP, explains whether or not the TTC is making a wise choice in regards to random…
See What David's Clients Are Saying
