Mathews Dinsdale is pleased to announce that Erich R. Schafer has joined the firm’s partnership. Erich works out of our Toronto office.
Erich R. Schafer
Partner Toronto, T: 416.869.8539 F: 416.862.8247 eschafer@mathewsdinsdale.com
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Kyla Hull Assistant 416.862.8280 x301 khull@mathewsdinsdale.com
Biography
Bar admission
Law Society of Ontario
Education
Brock University, B.A. (Hons.)
Osgoode Hall Law School, J.D.
Membership and affiliations
Canadian Bar Association
Ontario Bar Association
Profile
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.
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Representative experience
December 2019Tax Court vacates CRA’s decision and decides that repairman was independent contractor, rather than employee, of ambulance service. — Counsel: Erich Schafer
October 2019Following 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 2019Ontario Labour Relations Board upholds dismissal of construction employee for several acts of insubordination and dishonesty that took place on single day
February 2019After several days of hearing, construction trade union withdraws application for certification (without a settlement) following completion of employer’s final argument
February 2018Ontario Court of Appeal dismisses appeal of wrongful dismissal decision after counsel successfully brings motion for security of costs
January 2018Canadian Human Rights Commission dismisses human rights claim due to delay
July 2017After employer successfully resists union’s request for production of records related to a number of construction projects, union withdraws grievance (without a settlement)
July 2017Applicant 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 2016September 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 employer
September 2016Despite grievor’s clean discipline record, Ontario Labour Relations Board upholds dismissal of construction employee for fighting in the workplace
June 2015The 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 2013Arbitrator dismisses expedited grievance challenging employer’s policy of requiring employees to punch in following lunch breaks. — Counsel: Erich Schafer
News
Insights
COVID-19
Ontario Arbitrator Upholds COVID-19 Rapid Testing on Construction Sites as Reasonable
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.
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In A Flash
Province Announces Replacement for Ontario College of Trades
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.
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June 18, 2015
Update on the Canadian Implementation of the Globally Harmonized System and What it Means for WHMIS and for Employers
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