Profile
David Rice is Associate Counsel in the Labour and Employment group. David's practice consists of counsel work with the primary focus on labour and employment law. He also has extensive experience in construction and product liability cases.
David has represented employers before the Canada Industrial Relations Board, the Canadian Human Rights Tribunal, the Federal Mediation and Conciliation Service, the BC Labour Relations Board, the BC Human Rights Tribunal, the BC Workers’ Compensation Board and in labour arbitrations and mediations. He has acted as spokesman for employers in collective agreement negotiations and has represented both employers and employees in all forms of employment law cases in the Supreme Court of BC and the BC Court of Appeal.
David has extensive ADR and mediation training through the Justice Institute of B.C., the BC International Commercial Arbitration Center and the Continuing Legal Education Society. He has served as a lecturer on mediation for PLTC students and for CLE courses. He has acted as mediator in employment, commercial and personal injury disputes.
David has represented Crown corporations in the electricity and insurance industries, and has acted as counsel for the BC Utilities Commission on numerous hearings involving natural gas and electricity utilities.
Education
- LL.B., University of British Columbia, 1971
- B.Comm., University of British Columbia, 1970
Memberships
- Former Chair, Canadian Bar Association – Alternate Dispute Resolution section
- Member, Canadian Bar Association - Labour & Employment Law, Administrative Law, Civil Litigation, and Forestry Sections
- Member, Law Society of British Columbia
Presentations
- Absenteeism and the Duty to Accommodate: The Employer's Rights and Obligations, Canadian Institute Forum: "The Duty to Accommodate", 2009
- The Chronically Absent Employee, Miller Thomson Labour & Employment Seminar, 2008
- Hiring and Firing, Miller Thomson Labour & Employment Seminar, 2007
Publications
- Draft Non-Comps with Care! The SCC refuses to enforce an ambiguous non-competition agreement, Canadian Corporate Counsel Association Magazine, 2009
- Supreme Court Refuses to Enforce Ambiguous Non-Competition Agreement: Court Unwilling to Re-write Parties' Bargain, Labour and Employment Communiqué - Alberta, Spring 2009
- Supreme Court Refuses to Enforce Ambiguous Non-Competition Agreement: Court Unwilling to Re-Write Parties' Bargain, Labour and Employment Communiqué, March 5, 2009
- Employment Issues for Not-For-Profit and Charitable Organizations, Miller Thomson Seminar: "Charities & Not For Profit Update", 2008
- Charter Rights Revisited - The Supreme Court Says Collective Bargaining is a Charter Right After All, Canadian Corporate Counsel Association Magazine, 2007
- What's New? Recent Labour, Employment, and Privacy Decisions, 2007
- Fairness at Work: Federal Labour Standards for the 21st Century, Labour and Employment Communiqué, December 15, 2006
Industry Expertise
Key Practice Expertise
Areas of Focus
- Employment Contracts
- Restrictive Covenant Litigation
- Bargaining Collective Agreements
- Workers’ Compensation
- Professional Liability Disputes
Year of Call
- British Columbia Bar, 1972