David Borins

Labour law: David acts for trade unions advising on all matters.  David has appeared before the BC Labour Relations Board, Canadian Industrial Relations Board, BC Supreme Court, Federal Court Trial Division, the Federal Court of Appeal, and federally and provincially appointed arbitrators and mediators.  David has represented clients in a wide range of provincial and federal matters, including grievance arbitrations and mediations, certification and de-certification applications, single employer and successorship applications, duty of representation applications, and unfair labour complaints.  David has extensive experience with internal governance of trade unions, including drafting and amending union constitutions, elections, and general meetings of the membership. David represents numerous trade unions that operate in the maritime sector and possesses an intricate understanding of the nuances of the industry.  For example, on behalf of clients in the maritime sector, David challenged the use of non-Canadian citizens / residents on foreign-flagged vessels engaged in domestic shipping in Canada and has represented labour interests in applications made to the Canadian Transportation Agency for temporary vessel admission under the Coasting Trade Act.

 

Employment law: David regularly prepares and reviews employment contracts, severance agreements and provides advice in connection with human rights matters, workplace harassment issues, and workplace discipline matters. He has acted as counsel in employment matters before the BC Supreme Court and BC Provincial Court, WorkSafeBC and the Workers’ Compensation Appeal Tribunal, BC Human Rights Tribunal, and Canadian Human Rights Tribunal.  He has advised senior civil servants in connection with internal and external workplace misconduct investigations and in investigations before the provincial Ombudsperson.  He has also advised physicians in connection with Hospital Appeal Board matters involving hospital privileges.

 

Societies law / non-share corporations / unincorporated associations: David advises federally and provincially incorporated societies and non-share corporations in connection with a wide range of issues including governance issues,  bylaw compliance, proxy disputes, controverted elections, internal investigations, audits, general meetings, and expulsion and discipline of members. He also has been retained to prepare and amend constitutions and bylaws, revive societies struck from the register, and provide advice regarding compliance with the BC Societies Act.  Mr. Borins has appeared as counsel in a range of matters relating to societies before the BC Supreme Court and BC Court of Appeal. 

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Education

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UBC LLB, 1999

UBC BA, Political Science, 1996

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Qualifications and Affiliations

 

British Columbia Bar (2000)

Member of the Law Society of British Columbia

Member of the Canadian Bar Association

International Transport Workers’ Federation Maritime Labour Lawyers Group: Member - 2017 to present

Employment and Social Development Canada (ESDC) Maritime Sector Advisory Committee: Member - 2017 to present

BC Marine Plan Industry Employee Health Benefit Plan: Trustee  – 2017 - 2023

BC Towboat Seamen Retirement Plan Meeting – 2017: Trustee – 2017 - 2023

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