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. Erich 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, unfair labour practices, 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 and has extensive experience representing employers in interest arbitration proceedings.
Erich is a past Director of CultureLink Settlement and Community Services, an organization that provides a broad range of settlement and community programs to immigrants.
Representative experienceNovember 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 dayFebruary 2018
Ontario Court of Appeal dismisses appeal of wrongful dismissal decision after counsel successfully brings motion for security of costsFebruary 2018
After several days of hearing, construction trade union withdraws application for certification (without a settlement) following completion of employer’s final argumentJanuary 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 2014
Tax Court vacates CRA’s decision and decides that repairman was independent contractor, rather than employee, of ambulance service. — Counsel: Erich SchaferApril 2013
Arbitrator dismisses expedited grievance challenging employer’s policy of requiring employees to punch in following lunch breaks. — Counsel: Erich SchaferFebruary 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
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