TORONTO EDUCATION LAWYER
French Version
Marty is a graduate of Queen’s University (B.A.H. in Political Studies) and the University of Windsor (LL.B.). He received multiple academic awards from Queen’s University and Upper Canada College. He was the recipient of the 2008 Gavel Award from the University of Windsor for the best written judgment of a student judge presiding over the Law 1 moots. He also participated in the Laskin Moot competition, where he presented his arguments in French.
Marty spent several summers working at Devry Smith Frank LLP (“DSF”) and articled with the firm from 2009-2010. As an articling student, Marty was involved with many Small Claims and Superior Court matters. He has attended at examinations for discovery, settlement conferences and trials. Marty has also appeared before masters and Superior Court judges on various motions and other matters and has also attended at the Human Rights Tribunal of Ontario.
Marty was called to the bar in 2010 and currently practises in the areas of commercial litigation, employment law and human rights law.
While attending law school, Marty volunteered at Community Legal Aid at the University of Windsor and Pro Bono Students Canada. He is an avid tennis player, enjoys watching and umpiring baseball, and has travelled extensively in Europe.
TESTIMONIALS
- “Marty R and Stuart C. were able to help us with a challenging personal and business crisis. We are grateful for their professionalism and kindness (and that of their support staff). I would recommend their services to anyone facing an analogous situation. Thank you, gentlemen”.— Jonathan S.
REPORTED DECICIONS:
Chatoor v. Xerox Global Services, 2011 HRTO 2232 (CanLII), which addressed an employer’s objection to the Human Rights Tribunal of Ontario’s jurisdiction to adjudicate a complaint;
Ruremesha v. Travelers Guarantee Company of Canada et al, 2012 HRTO 1044 (CanLii) in which the Tribunal decided that a full hearing would be required to address all issues raised in the Application, and
Koenig v. University of Toronto, 2012 HRTO 1098 (CanLII), which was a reconsideration decision of the Tribunal with respect to allegations of discrimination based on citizenship.
Publications
Can employers fire workers who refuse to get vaccinated? Some lawyers recommend caution, while others say go ahead
Marty Rabinovitch in Labour Law and News: "Ontario's Highest Court Takes an Employee-Friendly Interpretation of Termination Clauses" - GGI Newsletter Digest Winter 2017
Marty Rabinovitch in Labour Law and News - GGI Geneva Group International
Marty recently acted as counsel in the following reported decisions:
Chatoor v. Xerox Global Services, 2011 HRTO 2232 (CanLII), which addressed an employer's objection to the Human Rights Tribunal of Ontario's jurisdiction to adjudicate a complaint;
Ruremesha v. Travelers Guarantee Company of Canada et al, 2012 HRTO 1044 (CanLii) in which the Tribunal decided that a full hearing would be required to address all issues raised in the Application, and
Koenig v. University of Toronto, 2012 HRTO 1098 (CanLII), which was a reconsideration decision of the Tribunal with respect to allegations of discrimination based on citizenship.
Blogs:
Can An Employer Still Enforce a Mandatory Masking Policy?
Court of Appeal Declines to Decide Whether IDEL Constitutes Common Law Constructive Dismissal
Can Employers Monitor Their Employees’ Electronic Activity?
Employees Injured While Working from Home Could be Entitled to Workers’ Compensation
Vicarious Liability and Employer’s Responsibility
High Threshold for an Employer to Establish Job Abandonment (Hettrick v. Triple F Paving Co. Ltd., 2021 ONSC 208)
Employees Must Disclose Vaccination Status where an Enforceable Vaccination Mandate Exists, but Employers are Cautioned to Protect Employee Privacy
Caselaw Update: Reasonableness and Enforceability of Mandatory COVID-19 Vaccination Policies in the Workplace
Notice Periods for Employees Terminated Without Cause May Exceed Twenty Four Months if the Circumstances are ‘Exceptional’
Bill C-10: The Future of Regulated Canadian Content (Updated)
Enforceability of Mandatory COVID-19 Vaccination Policies in the Workplace
Principled-Articling Student Relationship Not Considered Unique Relationship Under Common Law Employment Principles – Wrongful Dismissal
Mediation in Employment Matters: Brief Overview
New Ontario Superior Court Decision holds that COVID-19 related Temporary Layoffs do not Amount to Constructive Dismissal at Common Law – Taylor v Hanley Hospitality Inc., 2021 ONSC 3135
Temporary Layoffs during COVID-19 Can Amount to Constructive Dismissal under Common Law – Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII)
Termination Provisions of Employee Stock Awards Agreement Found Unenforceable – Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)
Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021
Enforceability of Termination Clauses and the Latest Blow to Employers – Waksdale v. Swegon North America Inc. (2020 ONCA 391)
Employers Must Discharge Their Onus to Prove Failure to Mitigate
Occupational Health & Safety Reopening Ontario - Things to Consider Implementing as Businesses Begin to Reopen
Amendments to the Employment Standards Act, 2000 – May 29, 2020 – Impact on Temporary Layoffs
COVID-19 – Employer and Employee Frequently Asked Questions Part II
Canada Labour Code Adjudicator Awards Costs in Unjust Dismissal Case
Long-Term Care Homes Ordered to Allow Nurses to Determine Appropriate levels of PPE on the Job
Insurance in the COVID-19 Era, Can Insurance Save Your Business?
The CERB Criteria Has Expanded: Am I Eligible?
Force Majeure in the COVID-19 Era. Can It Save Your Business?
COVID-19 – Employer and Employee Frequently Asked Questions
What the Coronavirus Means for Canadian Employers
Resignation & Notice Periods: What is Required?
Can I Still Claim My Bonus Even Though I Was Wrongfully Dismissed?
Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
Employer Required to Cover Long-Term Disability for Employees Over Age 65
Fired because of Race? Consider a Human Rights Claim
Denial of Employee Benefits to Working Seniors: A Charter Violation
Novel Issues Raised by Transgender Human Rights Complaints
Can My Employer Dismiss Me Due to My Unseen Disability?
Can Behaviours Associated with a Sex Addiction Merit Employee Dismissal?
Could a Gift Card Compensate for a Minor Human Rights Tribunal complaint?
Arbitration Clauses in Employment Agreements: New Developments
Denied a Job Due to Lack of Canadian Work Eligibility? You May Have Been Discriminated Against
Failing to Abide by Confidentiality Provisions in a Settlement Agreement Can Cost You Your Settlement Payment
An Illness/Injury Has Made It Unable to Return to Work: What Can I Do?
Medical Marijuana: Limits to Consumption in Unionized Workplaces
Bill 66: Changes to the Employment Standards and Labour Relations Acts
I’ve Been Accepted to a Canadian University and Have a Study Permit; Can I Work While Studying in Canada?
Employment Bill 148 is Being Scrapped…But Which Parts Are Uncertain
General Electric Workers Exposed to Toxic Chemicals for Decades
Yes, You Can Film the Police. No, They Cannot Seize Your Device
Small Claims Court Awards Double the Standard in Costs for Unreasonable Behaviour
Off-Duty Conduct: Can you be Terminated over Tweets?
Workplace Accommodation Has Limits/
Beware a House of Lies: Negligent Misrepresentation in Real Estate
Are Uber Drivers Properly Insured?
Bankrupt Employer ≠ Helpless Employee
Tax Considerations in Wrongful Dismissal Settlements
Tips for completing your Family Law 13.1 Financial Statement
News and Media
A massive wave of workers will soon be fired for refusing to get vaccinated — this food services manager is one of the first Can employers fire workers who refuse to get vaccinated? Some lawyers recommend caution, while others say go ahead Personal Emergency Leave for All Workers - June 8, 2017 by Ministry of Labour
Doug Ford V. Bill Blair Defamation Interview With Marty Rabinovitch
In this video, Marty Rabinovitch a lawyer and litigator with Devry Smith Frank
LLP discusses the defamation matter between Toronto councilor Doug Ford and Police Chief Bill Blair on Global News with Leslie Roberts. The matter came up when Doug Ford suggested that Bill Blair leaked information about Toronto Mayor Rob Ford. Bill Blair called that defamation and was considering taking the councilor to court or defamation. In this interview Marty talk about how most defamation cases are handled and talks about the root causes of most defamation claims. He also provides his opinion on how he thinks this case will settle. For more information, please watch the video.
Employees with Disabilities: Employee Rights in the Workplace
In this video, Toronto employment lawyer Marty Rabinovitch talks about employees with disabilities and their rights in the workplace during his interview with Joe Terceira at the Real Estate 101 Show in Toronto. Marty discusses what the rights are of an employee that has a disability. An employee with a disability has the right to have that disability accommodated by their employer. An employer is not permitted to discriminate or treat that employee differently because of that disability. Examples are: A disability could be physical such as a back injury which prevents the employee from doing heavy lifting. A disability could also be a mental or developmental disorder and that could also include a learning disability. He reviews what an employee should reveal to the employer and the obligations of the employer once revealed. Watch the video to learn more.
Human Rights Claims and Discrimination in the Workplace
In A Human rights claim is an action brought by someone who believes that they have been discriminated against on the basis of one or more of the grounds that has been set out by the human rights legislation, according to Toronto employment lawyer Marty Rabinovitch in this Real Estate 101 episode with real estate agent Joe Terceira. In this video, Marty defines and establishes an understanding of human rights claims and the laws that exist to protect those who are discriminated against in the work place based on personal characteristics like age, gender, religion, ethnicity and disability. Marty also breaks down steps that one must take in order to make a claim in Ontario and on a Federal level.
Seminars
HR/Employment Seminar - April 1, 2020
HR/Employment Seminar - October 30, 2019
HR/Employment Seminar - March 27, 2019
HR/Employment Seminar - September 13, 2018
HR/Employment Seminar - August 25, 2018
HR/Employment Seminar - October 26, 2017
HR/Employment Seminar - October 13, 2016
Update on the Enforceability of Termination Clauses: Oudin v. Centre Francophone de Toronto
HR/Employment Seminar - June 2, 2016
Case Law Update: Key 2015 Cases
Sex, Drugs and Employment law
At Devry Smith Frank
LLP's Human Resource Seminar, Toronto employment lawyer Marty Rabinovitch covers topics related to sex, drugs and employment law. Marty takes a look at recent cases involving drug and alcohol testing in the workplace, along with sexual misconduct.
Recent Case Law of Mental Illness Accommodation In The Workplace
At Devry Smith Frank
LLP's Human Resource Seminar, Toronto employment lawyer Marty Rabinovitch covers recent case law of mental illness accommodation in the workplace. Rabinovitch covers all of these important cases and more regarding accommodation of mental illness in the workplace highlighting disability, duties of employees and employers, dangerous employees as well as termination.
