Employment Law: Solutions for the Canadian Workplace

BORDEN LADNER GERVAIS LLP

In March 2000, the formation of Borden Ladner Gervais LLP merged five of Canada’s leading law firms to form one of the country’s pre-eminent national business firms. The Labour and Employment Group at Borden Ladner Gervais (BLG) brings together more than 40 of Canada’s leading practitioners in this area. The group is known for its commitment to sound practical solutions to legal and strategic issues arising in all areas of this increasingly complex field.

Members of the BLG Labour and Employment Group have carried forward every type of employment litigation, ranging from complaints before employment standards tribunals, to workers’ compensation board hearings.

BLG gives clear pro-active advice and top-level service to clients in the formation of employment contracts, the administration of the employment relationship, and compliance with employment standards legislation, as well as advising on and acting as counsel in wrongful dismissal cases, and handling the wide range of human rights issues arising in the modern workplace.

Employment Law: Solutions for the Canadian Workplace reflects their expertise as it brings together contributions from over 25 lawyers, led by the following team:

Project Editor

Brian D. Mulroney, Partner (Toronto)

Regional Coordinator of the Labour and Employment Group at BLG, Mr. Mulroney was admitted to the Ontario Bar in 1981. He is a graduate of Harvard University (A.B., 1976) and the University of Toronto (LL.B., 1979). He has published extensively on employment law topics and has extensive experience with private and public sector clients, acting as counsel for employers appearing before the Ontario Labour Relations Board and boards of arbitration, as well as acting as an employer spokesperson during labour negotiations.  He also has considerable experience defending human rights complaints and has appeared before the Human Rights Tribunal.

Assistant Editors

Noëlle Caloren, Associate (Ottawa)

Co-leader of BLG’s Labour and Employment Group, Ms. Caloren received both her B.A and M.A., as well as her LL.B., from the University of Ottawa. She was called to the Ontario Bar in 1995. She is fluently bilingual in English and French and practises in both official languages. She has advised corporate and individual clients in employment law matters including terminations, severance packages, discipline, human rights violations, and drafting of employment and consultant contracts.

Thomas M. Davis, Partner (Montreal)

Mr. Davis was admitted to the Québec Bar in 1981 and is a graduate of the McGill University Law School. He obtained a B.A. and a Certificate in Industrial Relations from McGill University in 1976. He is the regional coordinator of BLG’s Labour and Employment Group and Privacy and Access to Information Group and a regular contributor to “Canadian Employment and Equality Rights.” He has published articles in La Revue du Barreau and Développements recent en droit du travail and is co-author of La nouvelle loi sur les norms du travail.

Brian D. Mulroney, Partner (Toronto)

See Project Editor, Above

Laurie Robson, Partner (Calgary)

Ms. Robson graduated from the University of Alberta Law School in 1994, articled to a Vancouver firm specializing in Intellectual Property and was called to the British Columbia Bar in 1995. She was admitted to the Alberta Bar in 1996. Ms. Robson has experience with the Workers’ Compensation Board, the Canada Industrial Relations Board, the Alberta Labour Relations Board, the Employment Standards Code, and occupational health and safety matters, as well as human resources policy drafting, including drug and alcohol testing, privacy, confidential information, computer and technology use.

Gabriel Somjen, Partner (Vancouver)

Mr. Somjen was admitted to the British Columbia Bar in 1975.  He graduated from the University of Toronto with a B.A. in 1969 and a Juris Doctor in 1974. His areas of expertise include provincial and federal labour board matters; Employment Standard claims; human rights claims, wrongful dismissal claims; negotiating and drafting employment contracts; preventive and proactive advice regarding workplace issues and conflicts; and mitigation and resolution of workplace conflicts as well as harassment issues. He often presides as chairman in labour arbitrations and mediations.

Project Co-Ordinator

Connie Volpentesta

Law clerk in the BLG Toronto Labour and Employment Group, Ms. Volpentesta obtained her law clerk diploma in 1987. From Ryerson University, she earned a Certificate in Human Resources Management in 2002, and a Certificate in Business Communication in 2006. She is a member of the Institute of Law Clerks of Ontario, and served as editor of The Law Clerks Review for two years.

Contributing Authors

Laurie M. Robson

See Assistant Editors, above

Noëlle Caloren

See Assistant Editors, above

Thomas M. Davis

See Assistant Editors, above

Jennifer M. Fantini, Partner (Toronto)

Ms. Fantini was admitted to the Ontario Bar in 2001.  After graduating from the University of Toronto with her B.A. in 1995, majoring in labour-management relations, she completed a joint M.B.A./LL.B. at York University/Osgoode Hall Law School in 1999.  Ms. Fantini advises public and private sector employers in areas of discipline and termination, wrongful dismissal, employment policies and contracts, employment standards, and human rights issues. She is co-author of Quitting for Good Reason: The Law of Constructive Dismissal in Canada, and has published numerous articles.

Melany V. Franklin, Partner (Toronto)

Ms. Franklin articled at BLG and joined the Labour and Employment Group after her admission to the Ontario Bar. She received her LL.B. from the University of Western Ontario in 1989 and attended the PIL Mediation Program, Harvard Law School. She advises employers in all aspects of labour and employment law, including employee terminations, collective agreement administration, grievance handling, performance counselling, human rights policies and practices, drug testing and workers’ compensation and has acted as in-house labour and employment counsel on secondment to General Motors of Canada Limited. She taught at the University of Toronto from 1992 to 2000, lecturing on employment and labour law, including the administration of collective agreements and grievance handling.

Sara Gittens, Associate (Vancouver)

Ms. Gittens graduated from Queen’s University with her LL.B. in 2003 and was admitted to the British Columbia Bar in 2004.  Prior to that, she attended Simon Fraser University where she obtained her Bachelor of Business Administration.  Ms. Gittens practices labour and employment law, including human rights, wrongful dismissals, injunction applications, and employment standards.

Michelle S. Henry, Associate (Toronto)

Ms. Henry articled at BLG and joined the Labour and Employment Law Group after she was admitted to the Ontario Bar in 2003.  She graduated from the University of Toronto, Faculty of Law in 2002 and also holds an M.A. in English. She advises employers in labour and employment matters, including employee and employer obligations under various employment related legislation and common law, employee terminations, discipline, defamation, and human rights issues.

Shelley-Mae Mitchell, Partner (Vancouver)

Ms. Mitchell graduated from the University of Alberta Law School with her LL.B. in 1987 and was admitted to the British Columbia Bar in 1988. She also received a Bachelor of Applied Arts from Ryerson Polytechnic Institute in 1984. In addition to practicing in all aspects of employment law, including human rights, wrongful dismissals, injunction applications, and employment standards areas, she has written material and presented educational seminars and workshops for clients and businesses on various employment law matters, and her articles have appeared in numerous legal publications. She has appeared as counsel in British Columbia Supreme Court, British Columbia Court of Appeal and Federal Court.

Genny Na, Associate (Toronto)

Ms. Na was called to the Ontario Bar in 2002. She graduated from McMaster University in 1998 with an Honours B.A. and received her LL.B. from the University of Western in 2001. She advises private and public sector employers in labour relations and employment law matters with respect to employee terminations, wrongful dismissals, employee discipline, employment policies and contracts, employment standards, human rights issues and occupational health and safety matters.

Lara Percy, Associate (Vancouver)

Ms. Percy graduated with an LL.B. from the University of Victoria in 2005 and was admitted to the British Columbia Bar in 2006. She also has a B.A. in history from the University of British Columbia. Her areas of practice include labour and employment law, including human rights, employment standards, wrongful dismissals, occupational health and safety, and injunction applications.

Katherine Poirier, Associate (Montreal)

Ms. Poirier was admitted to the Quebec Bar in 2003 and completed, with distinction, a degree in both common and civil law from McGill University. She is a Chartered Human Resources Practitioner and is experienced in the preparation and pleading of unfair dismissal complaints as well as grievances in front of labour arbitrators. She regularly reviews and updates company policies, participates in hearings on unionized labour relation matters and assists in negotiating collective agreements.

Susan E. Sorensen, Associate (Toronto)

Ms. Sorensen graduated from Queens University Law School in 1998 and was admitted to the Ontario Bar in 2000.  Prior to law school, she majored in political science and received both an Honours B.A. and an M.A. from the University of Western Ontario.  She advises private and public sector employers in labour relations and employment law matters, including the administration of collective agreements, employee terminations, structuring and negotiation of severance packages, employee discipline, drafting of employment contracts, employee handbooks and employment policies, sexual and racial harassment, employment standards, workers’ compensation, and human rights issues.

Patrick Trent, Associate (Montreal)

Mr. Trent was admitted to the Quebec Bar in 2004, and holds degrees in both common and civil law from McGill University. He has a Bachelor of Social Science from University of Ottawa and is fluent in French and English. He advises employers on civil litigation and unionized labour relations, and on labour matters relating to commercial transactions, and conducts legal research relating to workplace health and safety.

Melanie Warner, Partner (Toronto)

Ms. Warner earned her B.A. in 1994 and her LL.B at the University of Western Ontario in 1997, articling at BLG. She joined the firm following her admission to the Ontario Bar in 1999. Ms. Warner advises private and public sector employers in employment and labour relations matters, including employment contracts, employee discipline, employee termination, human rights, workers’ compensation, employment standards, occupational health and safety, and sale of a business issues.  She represents both employers and employees in the courts and various administrative tribunal hearings.  She contributes to numerous publications and newsletters, and is co-author of Ontario Employment Standards Act: Quick Reference 2001 Edition.

Originating Editors-in-Chief

Malcolm J. MacKillop

Randall Scott Echlin