THE SIX-MINUTE EMPLOYMENT LAWYER Biographical Summaries of Presenters [Presented in alphabetical order]

Transcription

1 THE SIX-MINUTE EMPLOYMENT LAWYER 2017 Biographical Summaries of Presenters [Presented in alphabetical order] June 20, 2017

2 Sean Bawden is a partner with the law firm of Kelly Santini LLP, in Ottawa. He was called to the bar in 2008 and practices in the areas of employment law and civil litigation. He has also taught Trial Advocacy for Paralegals and Small Claims Court Practice at Algonquin College. He is a former trustee of the County of Carleton Law Association, and is a current co-chair of that organization s technology committee. He is the author of the employment law blog Labour Pains ( which was once called the best employment law blog in Canada. He was certified as an expert witness in the Government Employees Compensation Act by the Massachusetts Department of Industrial Accidents and appeared before that board to give testimony with respect to Canadian employment law. His twitter handle

3 Bio for Megan Burkett Megan Burkett is McMaster University s Legal Counsel, Labour & Employment. She provides advice and counsel on labour, employment and related human rights legal matters including employment standards, employment contracts, terminations, grievances, arbitrations, collective agreement interpretation, harassment and violence. Megan Burkett is a regular speaker at human resources related conferences and seminars. Megan Burkett holds an honours Bachelor of Arts degree from McMaster University and a Bachelor of Laws degree from the University of Windsor. She was called to the Bar of Ontario in Prior to joining McMaster University, Megan Burkett practiced labour and employment law at a law firm in Mississauga for 10 years.

4 Matthew L.O. Certosimo, C.S. Borden Ladner Gervais LLP Tel: Certified by The Law Society of Upper Canada as a Specialist in Labour Law. Partner and, from , National Leader of BLG s Labour and Employment Group. Frequently appears before the courts including the appellate level. Counsels and acts on behalf of private and public sector employers in labour relations, employment law, including wrongful dismissal litigation, labour arbitrations, collective bargaining, human rights complaints and charges under the Occupational Health and Safety Act. Co-author of Just Cause: The Law of Summary Dismissal in Canada (Canada Law Book). Editor-in-Chief of Executive Employment (Federated Press). Assistant editor, Canadian Cases on Employment Law a national law report series (Carswell). Author of Ontario Employment and Labour Law & Commentary (LexisNexis) and Federal Employment and Labour Law & Commentary (LexisNexis). Recognized in Chambers Global, Chambers Canada, The Best Lawyers in Canada, the Legal 500 Canada, and The Lexpert /American Lawyer Guide to the Leading 500 Lawyers in Canada for Employment Law and Labour Law. Chair and speaker at numerous labour and employment law conferences. Adjunct Professor, Employment Law, University of Toronto, Called to the Ontario Bar in 1995.

5 Nafisah Chowdhury is a lawyer practicing in commercial and employment litigation. She provides advice to businesses of all sizes on a broad range of matters, including navigating workplace issues, resolving shareholder disputes and addressing privacy law concerns. She regularly appears before the Ontario Superior Court of Justice and assists with cases before various levels of court and before administrative tribunals. Nafisah completed her undergraduate studies at the University of Waterloo in 2004 and obtained her law degree from the University of Toronto in After graduating from law school, she articled with Miller Thomson and was admitted to the Ontario Bar in In her spare time, Nafisah is actively involved in various community projects. She is an executive member of the Ontario Bar Association s Labour and Employment Law section.

6 Jennifer Hodgins Jennifer Hodgins is a lawyer at Norton Rose Fulbright Canada LLP and practises in all areas of employment and labour law, including human rights, employment standards, labour relations, grievance arbitration, wrongful dismissal and health and safety matters. Ms. Hodgins has acted on behalf of employers in human rights tribunal proceedings, wrongful dismissal claims, settlement negotiations and labour board proceedings. Prior to joining Norton Rose Fulbright Canada LLP, Ms. Hodgins practised labour and employment law at a management-side labour and employment boutique firm and completed a clerkship at the Ontario Superior Court of Justice in Toronto. She has also worked as in-house labour counsel at a large regional hospital. CAN_DMS: \ \1 1

7 Maureen Houston is a partner with the firm s Labour and Employment practice group. She has extensive experience in representing employers in all matters related to their employment, labour relations and human rights issues.her clients are diverse, from hospitals and large manufacturing employers, to smaller, not-for-profit organizations. She is an experienced civil litigator and trial lawyer, and regularly represents clients before arbitrators and at the Ontario Labour Relations Board. She assists her clients in complex administrative and regulatory issues, and has advocated before a significant number of tribunals and agencies. Maureen completed her undergraduate degree at Queen s University in Kingston, Ontario, before entering graduate studies at McGill University. She later received her law degree from Queen s University Law School, where she was a multiple award winner. Following law school, she was awarded articles of clerkship with the Chief Justice of Ontario and the Justices of the Ontario Court of Appeal. Maureen is a member of the Law Society of Upper Canada, the Canadian Bar Association and the Hastings County Law Association.

8 Adrian Ishak LL.B., LL.L., Partner Any lawyer can flag, assess and quantify risk. A trusted business partner shares his views, insights and perspectives, which are informed not just by the law but by practical outcomes and hard-won experience. My goal, in every case, is to be that trusted business partner. Adrian Ishak loves the feeling of a job well done: walking a client through difficult circumstances and helping them craft solutions to what had been seemingly insurmountable problems. Adrian believes in empowering his clients by giving them the tools they need to take control and make the right decisions decisions that will serve them well now and in the future As both trusted counsel and a valued business partner to his clients, Adrian distills his experience and expertise into pragmatic advice. Whether advising employers or executive-level employees, Adrian s practice focuses on all aspects of employment law including employee relations, terminations, wrongful dismissals, employment contracts, and employment policies. He provides strategic counselling on a number of human resources, privacy and human rights issues. With a joint Ontario and Québec call and with experience in both jurisdictions, Adrian guides his clients through employment standards matters, pay and employment equity, and human rights obligations in Canadian common law and Québec s civil law jurisdiction. Adrian represents clients in both English and French. Before joining Rubin Thomlinson, Adrian spent nearly eight years at one of the world s largest law firms where he counselled employers, including many Global 500 companies, across various industries. In 2015, Adrian was recognized as a Lexpert "Rising Star, an award that honours Canada s leading lawyers under 40. Adrian is President of Eva s Initiatives, providing shelter, training and counselling to homeless youth. He also sits on the Young Leadership Council of the Toronto Symphony Orchestra and he volunteers at the Legal Advice & Referral Clinic of The 519 Church Street Community Centre. Toronto: Adelaide Street East, Toronto ON M5C 2T6 Mississauga: 2425 Matheson Blvd. East, 8 th Floor Mississauga, ON L4W 5K4 Tel: x122 aishak@rubinthomlinson.com

9 Danny Kastner works at Kastner Law, a firm focused on employment law, union-side labour law and civil litigation. Danny advises employees and employers on every manner of workplace dispute. Danny is currently Chair of the Labour and Employment Section Executive of the Ontario Bar Association, and a long-time board member at the Industrial Accident Victims Group of Ontario.

10 Inna Koldorf Inna is an employment and labour lawyer and the founder of Koldorf Workplace Law. Inna assists organizations with managing their workforce and addressing human resources legal matters including issues involving employment standards, labour relations, human rights and disability management. Inna is also a respected litigator, and has appeared before the Ontario Labour Relations Board, the Canada Industrial Relations Board, boards of arbitration, the Ontario Human Rights Tribunal, Superior Court of Justice, and the Federal Court of Canada. Inna is also an experienced workplace investigator, and provides unbiased, third-party investigation services to resolve allegations pursuant to the Human Rights Code, the Occupational Health and Safety Act, the Canada Labour Code, workplace harassment and violence policies, as well as allegations of fraud, conflict of interest and breach of contract. Inna completed a double major in Sociology and Law & Society before completing her law degree. She is an active member of the Ontario Bar Association Labour & Employment Law Section Programming Committee, and serves as a Director on the Alzheimer Society Peel and Vaughan Chamber of Commerce Boards of Directors.

11 Biography for Milé Komlen, B.A., LL.B. Milé Komlen is a Canadian lawyer specializing in human rights law, corporate social responsibility and diversity management. He has over 20 years of experience promoting human rights and implementing diversity strategies in a variety of business, community and institutional settings. Milé is currently the Managing Director of Ethical Associates Inc., and was previously the Director of Human Rights & Equity Services at McMaster University in Hamilton, Ontario. He is currently the President of the Canadian Association for the Prevention of Discrimination and Harassment in Higher Education (the professional association for equity practitioners on college and university campuses) He has previously served as the Chairperson of the Equity Advisory Group at the Law Society of Upper Canada, and as Chair of the Sexual Orientation and Gender Identity Section of the Ontario Bar Association, as well as a Member of the Chief Justice of Ontario s Advisory Committee on Professionalism.

12 Barry Kuretzky Partner 181 Bay Street Suite 3210 Toronto, ON M5J 2T3 main: (647) direct: (647) fax: (416) Overview Barry Kuretzky focuses his practice in employment and labour law, and represents many of Canada s largest companies. He regularly advises and represents clients at all stages of the employment relationship, from hiring to termination. His practice includes wrongful dismissal litigation, unjust dismissals pursuant to the Canada Labour Code, employment standards adjudications, human rights, including disability and accommodation matters, sexual harassment, general harassment, breach of fiduciary duty, workers' compensation, workplace health and safety, injunctions restraining competition and information distribution, wrongful hiring, negligent misrepresentation in the employment context, employment issues related to the sale or restructuring of businesses, and the negotiation and drafting of employment contracts and workplace policies. Barry practices all aspects of labour relations law, including collective bargaining, union organizing drives, certification and decertification of unions, grievances and arbitrations involving all aspects of the Ontario Labour Relations Act, British Columbia Labour Relations Code and the Canada Labour Code. Formerly a senior partner at Kuretzky Vassos Henderson, Barry has practiced law for 37 years. Professional and Community Affiliations Member, Canadian Bar Association Recognition Named, The Best Lawyers in Canada, 2017 Recipient, Continuing Legal Education Long-Term Achievement Award, Law Society of Upper Canada Named, Leading Practitioners, Canadian Legal Lexpert Directory,

13 Barry Kuretzky Education LL.B., Queen s University, 1978 B.A., University of Toronto, 1973 Bar Admissions Ontario, Canada Courts Court of Appeal for Ontario Ontario Superior Court Publications & Press Littler LLP Lawyers Named Leading Practitioners in 2017 Canadian Legal Lexpert Directory Littler Press Release June 8, 2017 Ontario Court of Appeal Upholds Moral Damages, Human Rights Damages, and High Legal Cost Award in Wrongful Dismissal Case Littler ASAP February 21, 2017 Littler Lawyers Recognized in The Best Lawyers in Canada 2017 Littler Press Release August 26, 2016 Littler LLP Lawyers Recognized in the 2016 Canadian Legal Lexpert Directory Littler Press Release July 6, 2016 Littler Opens Toronto Office Littler Press Release August 4, 2015 Speaker s Corner: Employee or independent contractor? Law Times March 8,

14 Barry Kuretzky Imposing Fiduciary Duties on Departing Executives The Canadian Institute s Advanced Forum on Managing Legal Risks in Employing Executives June 16 and 17, 2008 The Impact of Privacy Rights on the Workplace Ontario Bar Association, 7th Annual Current Issues in Employment Law, 2008 March 6, 2008 Privacy in the Workplace The Law Society of Upper Canada, Special Lectures, 2007 Employment Law: From Resume to Pink Slip April 23 and 24, 2007 Speaking Engagements Inaugural Canada Conference Toronto, ON November 21, 2016 New England s Neighbor to the North: What Makes Canadian Employment Law Uniquely Canadian? 2016 New England Employer Conference, Burlington, MA October 13, 2016 Inaugural Brazil Conference - São Paulo Pinheiro Neto AdvogadosRua Hungria, 1100São Paulo, Brazil September 14, 2016 Canadian v. U.S. Employment Law: Six Minutes at a Time May 5, 2016 Conducting Lawful Investigations: An Interactive Program for Internal Investigators Toronto, ON November 24, 2015 Developing a Workplace Violence Policy Federated Press Publications Inc. 8th Annual Preventing Violence & Harassment in the Workplace October 7-8, 2015 Legal Risk Course Federated Press Publications Inc. 9th Annual HR Conference September 24,

15 Barry Kuretzky Workplace Accommodation Federated Press Publications Inc. 3rd Annual Disability Claims Management Conference September 18, 2015 Ageism in Termination 5th Edition Workplace Discipline & Terminations Conference June 9, 2015 Navigating the Employment Standards Act Osgoode Professional Development March 3, 2015 Employment Law/Non-Profit and Charities Charity Law Seminar March 2, 2015 Workplace Accommodations Federated Press Publications Inc. 2nd Disability Claims Management Course September 19, 2014 Disability Federated Press Publications Inc. Conference September 18, 2014 Co-Lecturer Federated Press Publications Inc. 8th Annual HR Legal Risks Conference September 12, 2014 Navigating the Employment Standards Act Osgoode Professional Development April 9, 2014 Litigating Claims in the Municipal Workplace The Commons Institute February 26, 2014 Mediating Terminations, Opening Remarks and Workshop 3rd Discipline and Employment Termination Course February 14,

16 Barry Kuretzky Examining Recent Landmark Cases Under A Microscope 8th Edition Disability Management in the Workplace Conference January 30, 2014 Unusual Cases in Law of Accommodation Federated Press Publications Inc. 8th Annual Employer s Duty to Accommodate Course December 13, 2013 Workplace Accommodation Federated Press Publications Inc. Disability Claims Management Course September 27, 2013 Latest Legal Developments Impacting HR Practices: Emerging of Non-Compliance 6th HR Legal Risks Course, Co-Chair, Welcome & Opening Remarks September 10, 2013 Navigating the Employment Standards Act Osgoode Professional Development July 8, 2013 Books & Book Chapters Mediating Employment Law Disputes, (second edition) co-author, 2013 Human Resources Guide to Workplace Harassment, co-author,

17 DANIEL A. LUBLIN, PARTNER Daniel A. Lublin is a founding partner of Whitten & Lublin, Employment Lawyers, based in Toronto. In both 2016 and for 2017, the firm was rated as one of the Top 3 Employment Law Firms in Canada by Canadian HR Reporter. Daniel is recognized by the Canadian Lexpert Legal Directory as a Leading Practitioner of employment law and he is ranked as one of Canada's Top Employment Lawyers by Carswell since Daniel is the Globe & Mail's workplace law columnist and he has published over 550 national newspaper articles since He frequently appears on news and TV as a commentator for workplace legal issues. Daniel co-authored the legal text the Law of Contractors published by Carswell in Daniel can be reached at dan@whittenlublin.com 141 Adelaide Street W, Suite 600, Toronto, ON, M5H 3L5 t: f

18 Catherine Milne, Partner, Turnpenney Milne LLP Catherine has been a member of the Law Society of Upper Canada since She obtained her law degree from Osgoode Hall and received a General Diploma in Law from the London School of Economic. In 2001, she was granted an Honours Certificate in Human Resource Management from Humber College. Since May 2010 Catherine has been in partnership with Rachel Turnpenney and the firm now has 5 lawyers representing both employers and employees in all workplace issues. Catherine has appeared before the Ontario courts, Canadian and Ontario Human Rights Tribunals and federal and provincial labour and employment boards. In addition Catherine is regularly retained to perform independent workplace investigations and provides in-house training to clients on a variety of workplace issues. Catherine was privileged to have been asked to Co-Chair the 6 Minute Employment Lawyer with Andrew Pinto in She is a regular speaker and Chair at continuing legal education presentations for lawyers as well as human resource specialists including those at the Ontario Bar Association, the HRPA, Osgoode Professional Development and the Law Society of Upper Canada. Catherine has taught law and employment law courses at Seneca College and George Brown College. Catherine authored the LexisNexis publication Canadian Forms and Precedents Employment, a collection of state-of-the-art precedents and forms along with practical commentary on all issues facing employment practitioners. She has been a contributing author to Canadian Employment Law Today, the HRPA s HR Professional Magazine and the Canadian HR Reporter. She was a contributing author in the 2014 Annual Review of Civil Litigation where she wrote on psychological harassment in the workplace. Catherine is a long-time member of the Executive of the Labour and Employment Section of the Ontario Bar Association (OBA), having held positions as Member at Large, Secretary, and Newsletter Editor. She is a member of the Human Resources Professional Association (HRPA) and the Association of Workplace Investigators.

19 C. Michael Mitchell is an Arbitrator and Mediator. In 2015, the Government of Ontario appointed Mr. Mitchell, together with the Honourable John C. Murray, as Special Advisors to the Minister of Labour to lead the Changing Workplace Review, a process of consultations and advice on how the Labour Relations Act and Employment Standards Act could be amended. An Interim Report was released in the summer of 2016 and the Final Report, An Agenda for Workplace Rights, was released on May 23, Mr. Mitchell is a part-time Vice-Chair of the Ontario Labour Relations Board. He is the co-author of Ontario Labour Relations Board Law & Practice, the leading labour law textbook on the Board. Until 2014, Michael was a Senior Partner at Sack Goldblatt Mitchell LLP, specializing in both labour and employment law. His practice involved both the private and public sectors, and he had extensive collective bargaining experience. Michael was consistently recognized by his peers as a best or leading labour law practitioner. He also gained extensive business and commercial experience while serving for more than 20 years as the Managing Partner of the law firm..

20 Andrew Monkhouse Biography Andrew Monkhouse is the managing partner and owner of Monkhouse Law. He specializes in Civil Litigation within Employment, Human Rights and Disability Insurance Law. He proudly advises and represents employees, as well as employers. Andrew is the Convener of the Osgoode Cup, Canada s largest legal competition held on an annual basis. He has in the past spoken as a guest speaker at Osgoode Hall Law School and the Humber College Paralegal Program. Andrew has successfully represented clients before all level of court in Ontario, including the Superior Court, the Divisional Appeals Court and the Court of Appeal. He has also appeared with success before the Human Rights Tribunal and numerous other administrative bodies.

21

22

23 Andrew Pinto is a partner with Pinto Wray James LLP in Toronto. He practices in the areas of civil litigation, employment and labour, and administrative law. He has appeared in the Supreme Court of Canada and practices regularly before all levels of court as well as numerous administrative tribunals. Andrew has been recognized in Best Lawyers in Canada(Administrative and Public Law, since 2013) and as a Leading Practitioner by Canadian Legal Lexpert Directory (Workplace Human Rights, since 2012). In addition to his advisory and litigation practice, Andrew conducts workplace investigations on behalf of organizations. Andrew is frequently called on to provide television, radio, and print commentary regarding legal and political developments. His comments have appeared in various media including the Toronto Star, Globe and Mail, CBC radio, CTV News, CP24, and in numerous legal publications. Andrew has taught administrative law as an Adjunct Professor at the Faculty of Law, University of Toronto. He also teaches administrative law in the Osgoode Professional Development and Ryerson University LLP programs. He is a past chair of the Administrative Law section of the Ontario Bar Association (OBA), and past chair of the Equity Advisory Group (EAG) of the Law Society of Upper Canada. From , he was co-chair of Institute, the OBA s premiere legal conference. He is also a co-chair of the University of Toronto Tribunal that deals with academic discipline. In July 2012, Andrew was appointed to the Board of Governors of the Law Commission of Ontario: In August 2011, Andrew was appointed by the Attorney General of Ontario to conduct an independent review of the changes made to the Ontario human rights system since Andrew held public consultations across the province and submitted his Final Report in November 2012: In November 2008, Andrew received the inaugural Lawyer of the Year award from the South Asian Bar Association for his contributions to the legal profession and wider community. Prior to his legal career, Andrew received a degree in Electrical Engineering from Queen s University and worked in the high-tech sector.

24 Robert Tarantino Robert is an experienced, passionate and skilled litigator who offers his clients representation and counsel in a broad range of civil litigation, administrative law, and regulatory matters. Robert provides expert legal counsel to individuals, companies, and not-for-profit organizations in a cost effective and efficient manner. Robert s practice includes civil and commercial litigation; appeals and applications for judicial review; labour and employment law; negligence and tort claims; human rights; disability benefit and other insurance matters; defence of provincial offences; defence of regulated professionals; Canada Pension Plan appeals; social benefits; municipal law and land-use planning; and constitutional, Charter and public law. Robert has appeared before all levels of court in Ontario as well as a variety of administrative tribunals including the Human Rights Tribunal of Ontario, the Landlord and Tenant Board, the Pension Appeals Board, the Social Security Tribunal, the Ontario Municipal Board, and the Ontario Labour Relations Board. Robert successfully utilizes and integrates negotiation and other alternative dispute resolution methods throughout his practice, and is a past Teaching Team Member of the Lawyer as Negotiator course taught at Osgoode Hall Law School, which teaches law students the theory and practical skills of negotiation. Robert is a member in good standing with the Law Society of Upper Canada and the Canadian/Ontario Bar Associations. Robert was called to the Ontario Bar in He completed his articles as a Judicial Law Clerk at the Ontario Superior Court of Justice in Toronto. Robert graduated from the University of Windsor, Faculty of Law in 2010 with a Juris Doctor and studied international law at the University of Copenhagen, Denmark. While at law school, Robert worked for Windsor Community Legal Aid, won several competitive moot competitions, and received numerous academic awards and scholarships including the J.S.D. Tory Writing Award and the University of Windsor Social Justice Fellowship. Robert earned an Honours undergraduate degree in Philosophy from McGill University. In addition to his legal practice, Robert currently serves as the Chairperson of the Board of Directors of Cycle Toronto, and was the Board s past President.

25 Kristen Thomasen is an Assistant Professor of Law, Robotics & Society at the University of Windsor, Faculty of Law (the first position of this kind in North America). She is also currently completing her PhD in Law on the topic of drones and privacy in public at the University of Ottawa, where she is under the supervision of Dr. Ian Kerr, Canada Research Chair in Ethics, Law and Technology. Her doctoral work received a SSHRC Joseph-Armand Bombardier Canada Graduate Scholarship. Kristen researches and writes about the legal, social and ethical implications of robotic and autonomous machines, and she teaches Robotics Law & Policy and Torts at the University of Windsor. Prior to starting her Ph.D., Kristen clerked for the Honourable Madam Justice Rosalie Abella at the Supreme Court of Canada ( ). She also clerked for the Alberta Court of Queen s Bench ( ) and articled with Alberta Justice in Calgary (2013). Kristen is a member of the Law Society of Alberta (called in 2013). You can follow her on

26 Andrea Wobick is a partner with Ursel Phillips Fellows Hopkinson LLP. She practices employment and labour law, professional discipline and civil litigation for individual employees, employers, trade unions, and associations. Andrea provides advice and representation on matters involving employment contracts, severance packages, wrongful dismissals, professional discipline, human rights issues, harassment and bullying in the workplace and pension issues. She regularly appears before labour arbitrators, professional discipline bodies, human rights tribunals, a variety of other administrative tribunals and the courts. Andrea attended law school at the University of Ottawa after completing her Bachelor of Arts at the University of Victoria. She joined the firm in Prior to joining the firm, Andrea worked for the Department of Justice at the Policy Centre for Victims Issues performing policy work and legislative reform. She then interned with the Kenya Human Rights Commission in Kenya, engaging in research and advocacy work. In 2007/2008, Andrea spent six months working for the Tanzania Legal and Human Rights Centre in Tanzania conducting research, writing, advocacy and training for legal aid clinic staff members. Andrea has been a featured speaker for several organizations including the Ontario Bar Association (OBA), Canadian Association of Labour Lawyers (CALL), American Bar Association, Infonex and Lancaster House. She has been on the executive of the OBA s Labour & Employment Section for several years, and most recently served as Chair of the Section. Andrea is also a member of the Advocates Society and CALL.