Mathews Dinsdale is pleased to announce that Erich R. Schafer has joined the firm’s partnership. Erich works out of our Toronto office.
Law Society of Ontario
Brock University, B.A. (Hons.)
Osgoode Hall Law School, J.D.
Canadian Bar Association
Ontario Bar Association
Erich is a Partner in our Toronto office. He provides representation to clients in a wide variety of industries in both the federal and provincial jurisdictions, although he has developed particular expertise with respect to the construction and healthcare industries. He has successfully represented employers in related employer / sale of business applications, wrongful dismissal lawsuits, human rights complaints, grievances, tax appeals, and certification applications.
Erich regularly provides advice to employers on employment standards, human rights, and labour relations legislation, as well as collective agreements and employment contracts. He has negotiated and drafted numerous collective agreements applicable to major infrastructure construction projects in Ontario.
Since 2015, Erich has sat on the Board of Directors of CultureLink Settlement and Community Services, an organization dedicated to integrating newcomers into Canadian society.
Representative experienceDecember 2019
Tax Court vacates CRA’s decision and decides that repairman was independent contractor, rather than employee, of ambulance service. — Counsel: Erich SchaferOctober 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 2019
Ontario Labour Relations Board upholds dismissal of construction employee for several acts of insubordination and dishonesty that took place on single dayFebruary 2019
After several days of hearing, construction trade union withdraws application for certification (without a settlement) following completion of employer’s final argumentFebruary 2018
Ontario Court of Appeal dismisses appeal of wrongful dismissal decision after counsel successfully brings motion for security of costsJanuary 2018
Canadian Human Rights Commission dismisses human rights claim due to delayJuly 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 particularsSeptember 2016
On motion for summary judgment, Superior Court of Justice dismisses six-figure wrongful dismissal lawsuit and awards full indemnity costs to employer
After rejecting plaintiff’s argument that termination clause in employment contract is illegal and void, court dismisses wrongful dismissal action with costs to the employerSeptember 2016
Despite grievor’s clean discipline record, Ontario Labour Relations Board upholds dismissal of construction employee for fighting in the workplaceJune 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 SchaferDecember 2013
Arbitrator dismisses expedited grievance challenging employer’s policy of requiring employees to punch in following lunch breaks. — Counsel: Erich Schafer
Although this award was related to the construction industry specifically, it establishes that in the appropriate context, Ontario employers may implement reasonable COVID-19 rapid testing protocols to protect the health and safety of workers and the public.Read more
The proposed Building Opportunities in the Skilled Trades Act, which passed first reading on May 6, 2021, would assign responsibility for the training, apprenticeship, and certification of trades to Skilled Trades Ontario.Read more