Hicks Morley

Successfully defended a school board at labour arbitration in a case involving its denial of an employee’s request to take a paid “religious Holy Day” in order to attend a religious convention.

Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer-issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.

Argued successfully on behalf of a college for the dismissal of an application for judicial review of a Human Rights Tribunal of Ontario decision.

Counsel and spokesperson for Ontario Community Colleges in last six rounds of provincial faculty negotiations.

Successfully argued before Divisional Court to quash an arbitration award in the Colleges sector that would have allowed 1200 grievances to proceed.

Acted as co-counsel at all levels from arbitration to the Supreme Court of Canada on a teacher termination case concerning conduct demonstrating that the teacher could not discharge the duty to inculcate by precept and example the named virtues of Judeo-Christian morality.

Successfully represented a college in an arbitration wherein the supervision of part-time employees was found to be a sufficient basis for exclusion from the full-time support staff bargaining unit on the basis of managerial function based on the 2008 amendments to the Colleges Collective Bargaining Act.

Successfully represented a school board in a discharge arbitration concerning theft of time and neglect of duties wherein surreptitious video surveillance evidence was used.

Obtained an injunction on behalf of a school board overturning athletic association decisions disqualifying an intercollegiate soccer team from competition at provincial championships.

Successfully represented a school board in the judicial review of an arbitrator’s decision addressing retirement gratuities.