David McWhinnie

David McWhinnie

David McWhinnie is a highly experienced litigator with with a diverse practice that includes employment law, physician workplace matters, and general civil litigation.

David obtained his law degree from the University of British Columbia. He was called to the Bar of British Columbia in 2005.  David articled and practiced at a large downtown Vancouver firm for several years.  David then practiced at a boutique litigation firm before joining TGC.

On October 8, 2019, David became one of the very few lawyers to have appeared in the Supreme Court of Canada in an employment law case.

David has been listed in the ‘Best Lawyers’ peer review publication in the category of Labour and Employment Law since 2021.

Practice Areas

David has significant experience dealing with wrongful dismissal and constructive dismissal claims on behalf of both employers and employees.

David also has broad experience in physician workplace law.  He advises physician groups across Western Canada in matters involving contract negotiations and workplace/compensation disputes.  In this capacity, David helps physicians navigate the complicated framework of laws, regulations, and professional obligations that govern the provision of medical services in Canada.

David has experience with workplace investigations.  He has conducted workplace investigations and also advised employers on how to conduct their own investigations. David has also represented employees who are facing investigation by their employers.

David enjoys litigation work, but he also appreciates that a reasonable and efficient settlement often is more beneficial to a client than protracted litigation.

In that regard, David has experience resolving disputes through mediation, negotiation, and arbitration.

Whether conducting a lawsuit or engaged in alternative means of dispute resolution, David makes a point of taking a practical, constructive approach that keeps the best interests of his clients in mind.

Experience

David’s courtroom experience spans several provinces and practice areas.  He has appeared as lead counsel in the Provincial Court of British Columbia, British Columbia Supreme Court, Saskatchewan Court of Queen’s Bench, Saskatchewan Court of Appeal, British Columbia Court of Appeal, and the Supreme Court of Canada.

David has also appeared as counsel before administrative and disciplinary tribunals including WCAT, university boards, government agencies, and Police Act hearings.

Personal

David is active with various pro bono organizations.  He was featured in Canadian Lawyer magazine for his participation in boxing matches for a local children’s charity.