Representative experience

December 2023

Canada Industrial Relations Board accepts employer’s argument that light-rail transit construction project falls within provincial jurisdiction.  As a result, it dismissed the complainant’s unjust dismissal complaint, which was filed under the Canada Labour Code. Research by Anthony Kwong, Associate, Mathews Dinsdale.

July 2023

Ontario Labour Relations Board dismisses unfair labour practice complaint on preliminary basis.  The OLRB accepted the employer’s arguments that it is lawful for an employer to express preference for a particular trade union, and comments made to a union organizer cannot be considered intimidation or coercion of employees.

December 2022

Canadian Human Rights Commission decides not to deal with human rights complaint after accepting employer’s preliminary objection concerning jurisdiction.  The complainant worked for a paramedic service operated by a First Nations band, and the CHRC agreed that the service was provincially regulated.

November 2021

Arbitrator dismisses expedited grievance challenging employer’s decision to unilaterally re-assign employee from day shift to night shift.

June 2021

Ontario Divisional Court dismisses judicial review of Ontario Labour Relations Board decision dismissing sale of business / related employer application.

June 2021

Arbitrator dismisses expedited grievance challenging employer policy of requiring all individuals entering construction sites to undergo COVID-19 rapid testings.

January 2021

Adjudicator dismisses unjust dismissal complaint under the Canada Labour Code after finding that manager of ambulance service operated by a First Nations band was subject to provincial jurisdiction.

October 2019

Following merger of two construction companies, Labour Board dismisses application seeking to extend union’s bargaining rights from one of the predecessor businesses to the newly-created company. In written decision, Labour Board praises counsel’s “detailed and sophisticated submissions”.

September 2018

Ontario Labour Relations Board upholds dismissal of construction employee for several acts of insubordination and dishonesty that took place on single day

February 2018

Ontario Court of Appeal dismisses appeal of wrongful dismissal decision after counsel successfully brings motion for security of costs

February 2018

After several days of hearing, construction trade union withdraws application for certification (without a settlement) following completion of employer’s final argument

January 2018

Canadian Human Rights Commission dismisses human rights claim due to delay

July 2017

After employer successfully resists union’s request for production of records related to a number of construction projects, union withdraws grievance (without a settlement)

July 2017

Applicant withdraws human rights complaint alleging discrimination and harassment (without a settlement) after Human Rights Tribunal of Ontario grants employer’s request for further particulars

September 2016

September 2016
On motion for summary judgment, Superior Court of Justice dismisses six-figure wrongful dismissal lawsuit and awards full indemnity costs to employer

September 2016

After rejecting plaintiff’s argument that termination clause in employment contract is illegal and void, court dismisses wrongful dismissal action with costs to the employer

September 2016

Despite grievor’s clean discipline record, Ontario Labour Relations Board upholds dismissal of construction employee for fighting in the workplace

June 2015

The Ontario Labour Relations Board stayed a union’s application which sought to extend bargaining rights that the union held for employees of a bankrupt employer to the purchaser of bankrupt’s real estate asset. The OLRB accepted the purchaser’s argument that the union was required to obtain the receiver’s consent or the leave of the court to proceed with the applications. – Counsel: David Defrancesco and Erich Schafer

December 2014

Tax Court vacates CRA’s decision and decides that repairman was independent contractor, rather than employee, of ambulance service. — Counsel: Erich Schafer

April 2013

Arbitrator dismisses expedited grievance challenging employer’s policy of requiring employees to punch in following lunch breaks. — Counsel: Erich Schafer

February 2013

Accepting that general foreman was in managerial position and did not count as one of last two employees for purposes of layoff, Ontario Labour Relations Board upholds decision of construction employer to layoff union steward before laying off general foreman — Counsel: Walter Thornton – Research: Erich Schafer

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