Mathews Dinsdale lawyers from coast-to-coast recognized in the 2022 Canadian Legal Lexpert® Directory as leaders in Labour Law, Employment Law, Construction Labour Relations, Occupational Health & Safety Law and Workers’ Compensation Law.
Herbert H.B. Law
He/Him
Partner Toronto, T: 416.869.8533 C: 647.400.5533 F: 416.862.8247 hlaw@mathewsdinsdale.com
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Karin Traeger Assistant 416.862.8280 x307 ktraeger@mathewsdinsdale.com
Biography
Bar admission
Law Society of Ontario
Education
Queen’s University, LL.B.
Queen’s University, M.I.R.
University of British Columbia, B.Comm. (Hons.)
Membership and affiliations
Ontario Bar Association
Profile
Herbert has over 15 years of experience advising and advocating for employers in all areas of labour and employment law.
Herbert has a broad range of experience in many sectors of the economy, including but not limited to construction, manufacturing, building services, health care, and the broader public sector. In addition to labour and employment law, Herbert advises employers in pension and benefits law and workplace immigration matters.
Herbert believes in giving practical and cost effective advice to employers as he is always mindful of practical realities of managing an organization. Herbert assists employers on a daily basis on issues ranging from the discipline and termination of employees to labour relations implications related to corporate restructuring.
Herbert regularly assists unionized employers with collective bargaining and is not afraid of litigating a dispute if it could not be resolved. He often appears before the Ontario Labour Relations Board, grievance arbitrators, and the Human Rights Tribunal.
Herbert obtained his law degree from Queen’s University where he was fortunate to have been awarded multiple course prizes for top academic standing. Prior to law school, Herbert obtained hands on labour relations experience working for an employers’ association which provided labour relations services to over a hundred social service employers.
Outside of work, Herbert has served on the Board of Directors for several not-for-profit organizations / charities. Herbert can also understand conversational Cantonese.
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Representative experience
February 2022Herbert successfully argued that four individuals were employed by our client therefor resulting in the dismissal of an Application for Certification against a construction employer.
January 2022Herbert successfully defended a grievance in arbitration where the Union alleged that the Employer incorrectly calculated payments to employees. Herbert successfully argued that the Employer’s interpretation of the collective agreement and its calculation of payments were correct thereby saving the employer thousands of dollars of potential liability.
July 2021Herbert successfully defended a construction manager against an application for certification where the union alleged that workers supplied by an agency were employees of our client. Ultimately, the union withdrew its application and our client remains union free.
September 2019Herbert successfully defended an employer against allegations that it supported a union decertification application. Ultimately, the union was unsuccessful and was decertified.
August 2019After a union seized and occupied an employer’s facility, Herbert Law successfully argued before the Ontario Labour Relations Board to obtain an order to stop the illegal occupation. Herbert was able to obtain this order less than 48 hours after the union occupied the facility.
July 2018Herbert successfully defended a large manufacturing company from a Sale of Business application filed by the Union. The Union claimed that our manufacturing client should be bound to its collective agreement because it leased a space formerly occupied by a union company that performed the same work as our client and utilized the same machinery. The Board held that a Sale of Business did not occur and dismissed the Union’s application therefore allowing our client to conduct its business union free.
May 2018Herbert successfully defended a large construction general contractor from an Application for Certification by a construction trade union. The trade union claimed that our client employed employees performing work falling under the trade union’s scope. Herbert was able to demonstrate that the work performed by an employee fell within the scope of another trade union. Accordingly, the Board found that the trade union did not have the requisite support and dismissed the Union’s application.
May 2017Herbert Law successfully defended a mechanical contractor against allegations that it supported a union decertification application. The decertification application against the union was ultimately successful.
November 2016Herbert Law successfully defended an employer against allegations that it was related to another unionized employer so that it can continue to operate in a non-union basis.
May 2016Herbert Law successfully defended an application for certification and allegations of unfair labour practice filed against an electrical contractor.
March 2016Herbert Law successfully defended an application for certification filed against a sheet metal contractor.
October 2015Herbert Law successfully defended a developer in a construction industry application for certification. Despite the fact that the developer was unaware that the application was filed against it, Herbert successfully convinced the Labour Board to accept its response which ultimately resulted in the Union’s withdrawal of the application.
September 2015Herbert Law successfully defended a large mining company from complex allegations of unfair labour practice and an application for interim relief. Under very tight time lines imposed by the Labour Board, Herbert, Jim McKeown, and Sarah Smith prepared extensive submissions and filings which ultimately led to the Union withdrawing all allegations against the client.
January 2014Herbert Law successfully defended a manufacturing employer in a series of complex applications before the labour board that included an interim reinstatement application, unfair labour practice complaint seeking remedial certification, and an application for certification. Ultimately, the union withdrew all its application and the union was barred from applying to certify the employer for one year.
November 2013Herbert Law successfully defended an employer in an application for certification where the union claimed that employees of a labour supply company were employees of the employer. Herbert successfully presented evidence and submissions to convince the Labour Board that the employees subject to the certification application were not employed by our client but were actually employed by the labour supply company.
October 2013Herbert Law successfully defended a client in an application for certification and unfair labour practice complaint where the union sought remedial certification. In this case the union surreptitiously recorded our client. Herbert successfully impeached the evidence brought by the union in cross examination which ultimately resulted in the union withdrawing its application for certification and unfair labour practice complaint.
September 2012Walter Thornton and Herbert Law successfully persuaded the Ontario Labour Relations Board to rescind a certificate issued against a major contractor where a trade union delivered an Application for Certification to an office that was not utilized by the contractor and the contractor was unaware of the Application being filed
September 2012Herbert Law successfully defended an Application for Certification before the Ontario Labour Relations Board filed against a contractor who inadvertently hired employees directly from the union hiring hall
December 2011Facing an impending strike, Herbert Law assisted a social service employer negotiate with a large public sector union to settle a fiscally responsible collective agreement that will ensure the employer’s financial viability.
September 2011Mathews Dinsdale successfully obtained temporary foreign worker permits for many highly specialized workers for a major foreign contractor engaged in the construction of a very important infrastructure project in Ontario. — Counsel: Herbert Law
August 2011After failing to file a Response to an Application for Certification within the stipulated time limits, an unrepresented Employer faced all-but-inevitable union certification without the opportunity to make submissions. After retaining Mathews Dinsdale, the Employer won a decisive motion before the Labour Board which resulted in the Union withdrawing its Application for Certification. — Counsel: Herbert Law
March 2011March 2011 – Herbert Law successfully argued before an Adjudicator appointed under the unjust termination provisions of the Canada Labour Code that the termination of a coordinator who fraudulently claimed travel allowance and other expenses ought to be sustained.
March 2011March 2011 – Herbert Law successfully argued before the WSIB that franchisees were not workers pursuant to the Workplace Safety and Insurance Act. Accordingly, the company was not required to remit WSIB premiums related to the work performed by franchisees.
November 2010November 2010 – Herbert Law successfully argued before the Ontario Labour Relations Board that an independent contractor was not an employee, resulting in the successful defence of a certification application.
October 2010October 2010 – Herbert Law successfully argued before the Ontario Labour Relations Board that the operation of a vacuum truck at a road construction site was not work within the construction industry resulting in the successful defence in a certification application.
Industry recognition
Canadian Legal Lexpert®Labour Relations – Management
Presentations
May 2022
Labour Relations and Occupational Health and Safety Issues in the Construction Industry
Herbert Law presented a session to Osgoode Hall’s Professional LLM program in Construction Law on the topic of Labour Relations and Occupational Health and Safety issues in the construction industry.
March 2021
Diversity & Inclusion, the Impact of COVID on Women in the Workplace and More
Herbert Law along with experts from the US, UK and France discuss diversity & inclusion and in particular, how to address unconscious biases. The panelists also take a look at transparency, focusing on the gender pay gap – and other, less-explored pay gaps potentially affecting different groups. Presented by Ius Laboris. Vew webinar.
News
Insights
In A Flash
Ontario Introduces Working for Workers Four Act, 2023
For the second time this year, the Ontario Government has introduced proposed legislative amendments to several workplace laws under the so-called “Working for Workers Act”. This year’s second iteration – Working for Workers Four Act, 2023 (“Bill 149”, available here) was introduced on November 14, 2023. These proposed changes were announced as part of a larger package that expands on the employee protections provided by the Working for Workers Acts, 2021, 2022 and 2023.
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In A Flash
Permanent Residency Status Not a Protected Ground of Citizenship in Human Rights Code
In a 2-1 decision, the majority of the Divisional Court of Ontario overturned a HRTO decision which determined that permanent residency is intrinsically included under the protected ground of citizenship.
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COVID-19
Ontario Implements Additional Public Health Measures Including Mandatory Face Coverings
Subject to some exceptions, ON has mandated the use of face coverings for all persons inside businesses and organizations that are open to the public across the Province. This article summarizes these new developments.
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COVID-19
Ontario Announces Extension of Suspension of Temporary Layoffs to January 2, 2021
The Ontario Government has announced an extension of existing measures designed to delay temporary layoffs from triggering termination and severance liabilities.
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In A Flash
Workers in the “Gig Economy” Allowed to Unionize: Ontario Labour Relations Board Breaks New Ground
Ground-breaking decision. The Ontario Labour Relations Board determined that Foodora couriers are employees.
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In A Flash
Employer Must Pay for Citizenship-Based Discrimination: Update on Haseeb and Imperial Oil
Employers should review their hiring practices and interview questions to minimize risks of potentially violating the Human Rights Code.
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