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Kevin D. MacNeill

Partner

Toronto 416 360.2602

kmacneill@heenan.ca LinkedIn profile Follow on Twitter

Biographical
Profile
Representative
Work
Publications
& Conferences

Kevin D. MacNeill represents employers in all areas of labour and employment law in unionized and non-unionized settings both in the broader public sector and in the private sector. He acts for municipalities and institutions such as school boards, boards of health and community care access corporations as well as other health care service providers. Furthermore, Kevin actively represents clients in a variety of other industries, including telecommunications, transportation and logistics, hydro distribution, and manufacturing.

Kevin has considerable experience litigating employment-related cases, some of which are noted below. That said, Kevin has also developed widely respected expertise in providing proactive strategic advice to some of Canada’s largest private sector employers, notably in matters of workers’ compensation, accommodation and absence management.

Kevin is the author of The Duty to Accommodate in Employment, the leading text on the subject, published by Canada Law Book Inc., which has been cited in several arbitration and court decisions across Canada. He also contributes to Workplace Wire, a blog updating employers on developments in labour and employment law. Kevin has also regularly spoken at seminars concerning labour and employment law.

Fluently bilingual in French and English, he is a member of the Association des juristes d'expression française de l'Ontario.

Education

B.C.L./LL.B., McGill University, 1994
B.A. (Honours), York University, 1990

Arsenault v. Centre d'accès à l'apprentissage Barrie 2012 HRTO 1330

Ministry of Labour v. Tembec 2011 ONSC 163

Simcoe Muskoka District Health Unit v. Ontario Nurses Assn., [2011] O.J. No. 212

Tembec Industries Inc. (Cochrane Sawmill) v. United Steelworkers Canada-Local 1-2995 (Severance Pay Grievance), [2010] O.L.A.A. No. 357

Decision No. 967/10, [2010] O.W.S.I.A.T.D. No. 1613

Cornell v. Simcoe Parts Services Inc., [2009] O.H.R.T.D. No. 1942

Tembec Enterprises Inc. v. United Steelworkers IWA Council 1-1000 [2009] O.J. No. 2476 (Div. Ct.)

2009 ONWSIAT 442, Decision No. 347/09

2009 ONWSIAT 1464, Decision No. 1780/03

Perron v. Conseil Scolaire de district catholique des Aurores boréales (2008), 92 O.R. (3d) 743 (S.C.J.)

Canadian Union of Skilled Workers v. Hydro One Inc., 2007 CanLII 680 (ON L.R.B.)

2007 ONWSIAT 144, Decision No. 1194/04

2007 ONWSIAT 1549, Decision No. 941/07

2006 ONWSIAT 2889, Decision No. 1639/04

Barrie Hydro v. Power Workers' Union (Work Location Grievance) [2006] O.L.A.A. No. 206

Barrie Hydro v. Power Workers' Union (Stabler Grievance) [2005] O.L.A.A. No. 499

Bell ExpressVu Ltd. Partnership v. Scullion [2005] O.J. No. 3162 (S.C.J.)

Publications & Conferences

Quoted, "Tribunal Orders Reinstatement after 10 years", Lexpert Magazine, May 2013.
Featured, "Evaluating worker safety outside Canada", Canadian Lawyer InHouse Magazine online, April 2013.
Co-author, "What constitutes a 'reasonable' investigation?", Canadian Lawyer InHouse Magazine, April 2013.
Panellist, “Cost Cutting, Collective Bargaining, and Freedom of Association: Balancing fiscal concerns with fundamental rights”, Lancaster House’s 2^nd Annual Labour Law Conference, Ottawa, May 16, 2013.
Speaker, “Legislation and Prosecutions for Health & Safety Offences: What’s on the Horizon?”, Insight's 6^th Biennial Labour Relations Conference, Toronto, March 27, 2013.
Speaker, "Procedural Issues: How to Get What You Want/Need", Ontario Bar Association conference entitled Ontario's Human Rights System: Keeping on Top of Key Developments, Toronto, June 11, 2010
Speaker, Lancaster House webinar entitled Update on Undue Hardship: Understanding the limits of accommodation, April 29, 2010
Speaker on Bill 168, The Executive Employer conference entitled The Future Started Yesterday: Workplace trends for the new decade, Phoenix, Arizona, April 8, 2010
Speaker, "Troubleshooting at hearings", Law Society of Upper Canada program entitled Proven strategies to enhance your WSIB practice, Toronto, March 4, 2010
Speaker, "Legal ramifications of not being prepared for a workplace accident", How to handle things that go boom! conference, Canadian Society of Safety Engineers, February 9, 2010
The Human Rights Code in the Courts: Civil actions under Bill 107, Ontario Bar Association, June 11, 2007
Local Health System Integration Act, 2005, Heenan Blaikie Nota Bene, January 2006
Legal update: implications of the recent Honda case, Infonex Conference on Meeting Your Duty to Accommodate, October 25, 2005
Minimizing the risk of termination liabilities, Canadian Association of Family Enterprise, September 21, 2005
Family status accommodation: how far does it go?, Ontario Bar Association, May 26, 2005
B.C. Court of Appeal recognizes that human rights protection of family status extends to an employee's substantive child-care obligations: a comment on Health Sciences Association of British Columbia v. Campbell River and North Island Transition Society, Law Society of Upper Canada, Human Rights Update 2005, March 9, 2005
Undue hardship determination: successful terminations in accommodation cases, Infonex Conference on the Duty to Accommodate Workplace Stress and Mental Disability, October 25, 2004
The relationship between workers' compensation systems and the duty to accommodate: dealing with the overlap, The Canadian Institute Conference on the Duty to Accommodate, March 29, 2004
Defining undue hardship and how it affects you, Infonex Conference on Meeting the Duty to Accommodate, October 21, 2003
Other human rights hotspots - and how to deal with them, The Canadian Institute Conference on Employment Law, October 16, 2003
Religion: reconciling divergent cases, The Canadian Institute Conference on the Duty to Accommodate, April 28, 2003
Ontario's new Employment Standards Act, 2000, Barrie & District Human Resources Professionals' Association, April 26, 2001