Acted for an employer in a class action and related negotiation used to obtain court approval of a surplus sharing agreement in the face of difficult trust language.
Work
We offer legal services that include advice, courtroom and tribunal advocacy, negotiation, alternative dispute resolution, policy development and strategic planning. Below are examples of work we have performed for our clients.
Appeared before Financial Services Tribunal of Ontario on a dispute over an employer entitlement to pension surplus.
Represented an employer in negotiations to transform a single-employer pension plan into a jointly sponsored pension plan, requiring agreement with the union on joint governance, solvency funding relief, employer contribution limits and benefit modifications.
Successfully represented a transit company in a judicial review regarding the repayment of collector funds.
Successfully defended a financial institution in an unjust dismissal claim brought by a former associate director for electronic application support.
Represented a financial institution in a class action relating to overtime pay, including at the certification motion, the common issues trial, and the appeal.
Acted as counsel to a major steel producer in the 2004 HRTO decision that established the duty of accommodation as based on the employees’ needs rather than their preferences.
Represented a large Ontario public school board in an arbitration that resulted in the dismissal of an accommodation claim that sought to create a position for a teacher composed of valuable tasks previously assigned to other teachers.
Successfully defended the termination of a probationary police constable by a leading Ontario police service in a 2013 human rights tribunal hearing concerning the obligation to accommodate obsessive-compulsive disorder.
Successfully represented a major steel company in 2014 in upholding the legality of a collective agreement clause authorizing termination without cause.