Our Experience

Among our cases...

• Counsel in Supreme Court of Canada decision in Canaero v. O'Malley establishing the law of fiduciary duties owed by departing employees.
• Established application of law of negligent misrepresentation to pension plans in the Federal Court of Appeal.
• Acted as lead counsel in Canada's largest pay equity case.
• Clarified rights of employees of Crown corporations and agencies to notice of termination or compensation in lieu.
• Established right of senior municipal employees to address City Council prior to termination of employment - dismissals set aside.
• Argued numerous wrongful dismissal cases at all levels in decisions dealing with enforceability of releases, elements of constructive dismissal, obligation to mitigate, damages for mental distress, pension entitlement, enforceability of non-compete and confidentiality clauses, length of notice period, aggravated damages and reverse order of merit in the public service.
• Handled litigation on deferred profit sharing plan involving in excess of $4 million.
• Handled numerous injunction proceedings regarding the enforcement of restrictive covenants.
• Represented technology employer in litigation regarding pension entitlements in an early retirement program.
• Representation of complainants, respondents and employers in harassment investigations and proceedings in the public and private sectors.
• Retained as independent mediators in employment disputes.
• Appeared before administrative tribunals in every Canadian province and the Northwest Territories.
• Appeared before the courts in most Canadian Provinces (Newfoundland, Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, Alberta) and the Northwest Territories.
• Counsel on case establishing the entitlement to life insurance benefit by an employee's estate following his death during the notice period. (Card Estate v. Robertson Mechanical).
• Represent members of the Public Service Executive Group in a wide variety of employment matters.
• Acted as counsel on constitutional challenges to limits on pay equity legislation.
• Drafted independent contractor agreements and litigating independent contractor disputes, including Tax Court of Canada appeals.
• Counsel on SCC decision that established charter rights of employees to participate in political activities.
• Represented an AECL scientist in a claim against Ontario Hydro for inducing a breach of his employment contract resulting in a million dollar judgment in favour of the employee.
• Represented employees in a leading case in the Federal Court of Appeal dealing with entitlement to leave for religious holidays.
• Represented RCMP officer in claim against the Crown following his dismissal - discrimination based on sexual orientation - officer reinstated with damages.
• Counsel on case in Supreme Court of Canada establishing the rights of employees contesting denial of employment based on security clearance.
• Successfully represented employees at Security Intelligence Review Committee in obtaining reinstatement of security clearance.
• Represented military personnel in discrimination claims against the Canadian Armed Forces.
• Counsel in first Canadian Human Rights decision which granted employment benefits to employees' same sex spouses in federal public service.
• Represented police officer wrongly charged with disclosing confidential information to the Children's Aid Society.
• Represented Medical Director of Red Cross in wrongful dismissal action awarding two years notice and aggravated damages for post-termination conduct.
• Represent members of the Public Service Executive Group in a wide variety of employment matters.
• Represented employee in the highest award given for environmental sensitivities in a workers' compensation claim.
• Ongoing representation of employers and employees in the public and private sector in achieving the cost-effective resolution of the full range of employment-related disputes.
• Conducted independent investigations of workplace harassment and discipline disputes in the public and private sectors.