David Ertl, LL.B., Partner
With over 15 years of experience, David has earned a reputation as a tough and determined litigator. David always comes prepared and ready to “tell it like it is”, which often means quicker settlements and better results for his clients.
David’s primary areas of focus are employment law & disability, personal injury, commercial litigation, and administrative law.
He has appeared before the courts of Ontario and British Columbia, the Tax Court of Canada, and various tribunals, including the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, and numerous professional college bodies.
As an adjunct professor, David has taught employment law, tribunal practice and procedure, and trial advocacy. He has written extensively about employment and administrative law matters for Canada’s leading encyclopedic law digest.
David received his law degree from the University of Western Ontario, then practiced with a national firm in its Vancouver and Toronto offices before co-founding Ertl Lilly LLP.
David is a long distance, solo, thru-hiker. He has hiked the John Muir Trail, the Hayduke Trail, the Trans-Zion Trek, and the Pacific Coast Trail, among others.
Sample of Court Decisions:
Patterson v. IBM, 2017 ONSC 1264
Court Awards Our Client 18 Months of Pay
After many years of loyal service, IBM terminated our client who was an IT Specialist. We successfully challenged IBM’s severance offer, and were able to obtain an award of 18 months of pay and benefits for Mr. Patterson.Read More
Summerfield v. Staples Canada Inc., 2016 ONSC 3656
Court Awards Our Client 6 Months of Pay
The employer refused to provide proper severance pay to our client, a 39 year old enterprise account manager with less than 5 years’ experience. David was able to get his client 6 months’ full compensation (more than 1 month per year of service).Read More
Drysdale v. Panasonic Canada Inc., 2015 ONSC 6878
Court Awards Our Client 22 Months of Pay
In this case, the employer argued that Mr. Drysdale, a warehouse worker, was not “management” and therefore he was entitled to lesser overall severance. David defeated the employer’s argument. The court awarded his client 22 months of notice.Read More
Flores v. Sysco Canada, Inc., 2014, SC-12-007328-00
In this case, the employer refused to provide David’s client with adequate severance, and then dug in its heels. David took them to trial, defeated all of their arguments, and got his client the severance she deserved.
Jackson v. M.N.R., 2006 TCC 614
David successfully argued two appeals at the Tax Court of Canada on the issue of whether an accountant whom worked for her spouse (a doctor) was employed in insurable employment.Read More
Here’s What Our Clients Are Saying:
“David uniquely understands the problems faced by older workers. His knowledge in this area is outstanding and it convinced the other side to settle quickly!”J.N. - Ajax, ON
“I am very thankful to have worked with Rob and I highly recommend Rob and ERTL LILLY for the best employment representation you can find!"M.L. - Toronto, ON
"I was immediately set at ease during our first conversation, through his skills, experience, & approach, he confidently guided me to achieve the optimal result for my situation.”S.F. - Ottawa, ON