B.A.H., LL.B. Recognized By Best Lawyers
Marty is a health and safety lawyer who 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 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 insurance defence, commercial litigation and employment law.
While attending law school, Marty volunteered at Community Legal Aid at the University of Windsor and Pro Bono Students Canada. In addition to being an excellent health and safety lawyer, Marty is an avid tennis player, enjoys watching and umpiring baseball, and has travelled extensively in Europe.
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
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.
Court of Appeal Declines to Comment on the “Without Cause” Termination Provision in Dufault v. Ignace (Township)
What Will the Working for Workers Five Act Mean for Employers?
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
