Malcolm-MacKillop-Shields-ODonnell-MacKillop-LLP

Partner

T. (416) 304-6417
F. (416) 304-6406
mmackillop@somlaw.ca

Assistant: Adela Zawadzki
azawadzki@somlaw.ca
(416) 304-6419

Malcolm MacKillop

Best-lawyers-lawyer-logo-2022
Certified specialist civil litigation

Malcolm is a founding member of SOM LLP and has practiced exclusively in employment law for more than 25 years. He is a member of both the Law Society of Newfoundland and Labrador and the Law Society of Upper Canada. Malcolm represents employers and senior executives in all areas of employment law, including wrongful dismissal, human rights, employee obligations and shareholders dispute litigation. He has particular expertise in fiduciary litigation.

Malcolm is certified by the Law Society of Upper Canada as a Specialist in Civil Litigation. He has represented clients before all levels of court in Ontario, including in appeals before the Ontario Court of Appeal and Federal Court of Appeal. He has also appeared before the Human Rights Tribunal of Ontario and in adjudications under the Canada Labour Code.

Malcolm is a special sessional lecturer at the Truman Bodden Law School of the Cayman Islands, University of Liverpool. Malcolm teaches Employment Law and Mediation.

Malcolm has been Lexpert ranked in the Guide to the Leading 500 Lawyers in Canada. He has also achieved the highest Peer Rating (BV) by Martindale-Hubbel. Malcolm has authored a number of acclaimed texts in employment law, and has published columns in the Globe & Mail and Toronto Star newspapers. He has provided on-air commentary to radio broadcasts as well as CBC and CTV. Malcolm was awarded the Queen Elizabeth medal for philanthropy abroad by the Governor General of Canada. He is a past board member of the National Ballet of Canada, the Toronto Human Resources Professional Association, and the National Club. Malcolm is also a proud supporter of Bikes 4 Kids, a charitable initiative providing new bicycles to high-needs students of the Toronto District School Board. Please visit their website at http://bikes4kids.co to learn more about this amazing venture.

  • Newfoundland, 1984
    Ontario, 1989

  • LL.B., University Of New Brunswick, 1983

  • Canada Labour Code

    Compliance Audits

    Contract And Policy Drafting

    Employment Law

    Employment Standards

    Fiduciary Duties And Employee Obligations

    Human Rights

    Occupational Health And Safety

    Privacy

    Sale Of Business And Due Diligence

    Senior Management / Executive Representation

    Staff Training

    Workers' Compensation

    Workplace Investigations

    Wrongful Dismissal Litigation

    • 2021- Teamsters Canada Rail Conference – Maintenance of Way Employees Division v Canadian Pacific Railway Company, CanLII 118656 (CA LA). Ad Hoc Railway Arbitration.

    • 2017 - De Jesus v. Linamar Holdings Inc. (Camcor Manufacturing). Court of Appeal for Ontario.

    • 2016 - De Jesus v. Linamar Corporation aka Camcor Manufacturing. Ontario Superior Court of Justice.

    • 2014 - Payne v. Bank of Montreal. Canada Labour Code Adjudication.

    • 2013 - Bank of Montreal v. Sasso. Federal Court. 2013 FC 584

    • 2013 - Payne v. Bank of Montreal - 2013. Federal Court of Appeal. 2013 FCA 33

    • 2012 - Aon Reed Stenhouse Inc. v. Marsh Canada Ltd. Ontario Superior Court of Justice. 2012 ONSC 7049

    • 2012 - Chandran v. National Bank of Canada. Ontario Court of Appeal. 2012 ONCA 205

    • 2012 - Ogbevuon and Bank of Montreal, Re. Canada Labour Code Adjudication. 2012 CarswellNat 3696

    • 2012 - Payne v. Bank of Montreal - 2012. Federal Court. 2012 FC 431

    • 2012 - Roda v. Bank of Montreal. Canada Labour Code Adjudication. [2012] C.L.A.D. No. 298

    • 2012 - Sherman v. Bank of Montreal. Federal Court. 2012 FC 1513

    • 2012 - Tesfamariam v. Camcor Manufacturing. Ontario Human Rights Tribunal. 2012 HRTO 1645

    • 2012 - Woods v. BMO Nesbitt Burns. Ontario Human Rights Tribunal. 2012 HRTO 1377

    • 2011 - Chandran v. National Bank of Canada - 2011. Ontario Superior Court of Justice. 2011 ONSC 777

    • 2011 - Duong v. Linamar Corp.. Ontario Court of Appeal. 2011 ONCA 38

    • 2011 - Love v. Acuity Investment Management Inc. Ontario Court of Appeal. 2011 ONCA 130

    • 2010 - LaCalamita v. McCarthy Tetrault LLP. Ontario Superior Court of Justice. 2010 ONSC 3724

    • 2010 - MD Management Ltd. v. Campbell. Ontario Divisional Court. 2010 ONSC 4217

    • 2010 - Roopnarine v. Bank of Montreal. Canadian Human Rights Tribunal. 2010 CHRT 5

    • 2009 - Cavaliere v. Corvex Manufacturing Ltd.. Ontario Superior Court of Justice. 2009 CanLII 28395

    • 2009 - Orr v. Magna Entertainment Corp. Ontario Court of Appeal. 2009 ONCA 776

    • 2008 - Clark v. BMO Nesbitt Burns. Ontario Court of Appeal. 2008 ONCA 663

    • 2007 - lark v. BMO Nesbitt Burns -2007. Ontario Superior Court of Justice. [2007] O.J. No. 4021

    • 2005 - Kelly v. Linamar Corp.. Ontario Superior Court of Justice. [2005] O.J. No. 4899

    • 2005 - Pinto v. BMO Nesbitt Burns Inc. Ontario Superior Court of Justice [2005] O.J. No. 2172

    • 2005 - Ridgewood Electric Ltd. (1990) v. Robbie. Ontario Superior Court of Justice. [2005] O.J. No. 617

    • 2004 - Geluch v. Rosedale Golf Assn. Ontario Superior Court of Justice. [2004] O.J. No. 2740

    • 2004 - Robert Half Canada Inc. v. Jeewan. Ontario Superior Court of Justice. 2004 CanLII 1532

    • 2003 - Hacking v. Skyjack Inc. Ontario Superior Court of Justice. [2003] O.J. No. 2227

    • 2001 - Sousa v. National Bank of Canada. Ontario Superior Court of Justice. 2001 CarswellOnt 129

    • 2000 - Martin v. Amdahl Canada Ltd. Ontario Labour Relations Board. [2000] O.L.R.D. No. 918

    • 1999 - Westinghouse Railway (Canada) Ltd. and CAW, Local 558 (Les), Re. Ontario Arbitration. 1999 CarswellOnt 7293

    • 1999 - Zehrs Markets v. U.F.C.W., Local 617P. Ontario Arbitration. 1999 CarswellOnt 5420

    • 1998 - Bester v. George S. May International Co. Ontario Court of Justice - General Divisions. [1998] O.J. No. 1203

    • 1995 -I.A.M., Local 1788 v. Invar Manufacturing Ltd. Ontario Arbitration. 1995 CarswellOnt 1918

    • 1993 - Kettell v. Fortinos Supermarket Ltd. Ontario Labour Relations Board. [1993] O.L.R.B. Rep. 974

    • 1993 - Veratec (Canada) Inc. v. U.S.W.A., Local 8505. Ontario Arbitration. 1993 CarswellOnt 1249

    • 1992 - Wabco and U.E., Local 558, Re. Ontario Arbitration. 1992 CarswellOnt 5540

    • 1991 - Loblaws Supermarkets Co. and UFCW, Local 1000A, Re. Ontario Arbitration. CarswellOnt 6796

    • 1990 - Form Rite and CAW-Canada, Local 27, Re. Ontario Arbitration. 1990 CarswellOnt 5529

    • 1989 - United Food and Commercial Workers International Union,Applicant/Complainant v. Coca-Cola Ltd.(Ontario Labour Relations Board. [1989] OLRB Rep. May 427

    • 1987 - Newfoundland and Labrador Housing Corp. v. Ennis. Supreme Court of Newfoundland - Trial Division. [1987] N.J. No. 96

    • 1987 - Piercey v. General Bakeries Ltd. Newfoundland Supreme Court - Court of Appeal. Reference re: Workers' Compensation Act, 1983 (Nfld.), [1987] N.J. No. 331

    • 1986 - Crown Investcorp Ltd. v. Nfld. & Labrador Housing Corp. Newfoundland Supreme Court - Trial Division. 1986 CarswellNfld 135

    • 1986 - Murphy v. Truck Bodies (1982) Ltd. Supreme Court of Newfoundland - Trial Division. [1986] N.J. No. 84

    • 1986 - Piercey v. General Bakeries Ltd. - 1986. Newfoundland - Trial Division. 1986 CarswellNfld 195

    • 1985 - Kavanagh v. The Battery Limited and Peat, Marwick Limited. Newfoundland Supreme Court - Trial Division. [1985] N.J. No. 253

    • 1985 - Uni-Spec Inspection Services (Nova) Ltd. v. Leclair. Newfoundland - District Court. 1985 CarswellNfld 170

    • 1984 - Gosse v. Gosse. Supreme Court of Newfoundland - Court of Appeal. [1984] N.J. No. 95

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