2023 AGENDA

All times in ET

• 8:30 AM

  Registration and virtual orientation

• 9:00 AM

  Opening remarks

• 9:05 AM

  Case study: Understanding new developments in recent just cause termination case law

  Just cause terminations represent a high bar for employers to meet, requiring appropriate processes and strategies. This presentation will examine recent decisions in just cause termination cases, and identify what employers need to be aware of when making a case to avoid potential drawn out legal battles. 

  • Overview of recent just cause cases, and how the decisions were made 
  • Tips for drafting enforceable termination clauses to minimize liability 
  • What to avoid when pursuing a just cause termination 

  

  Matthew Certosimo

  Partner
  Borden Ladner Gervais LLP

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  Matthew Certosimo

  Partner
  Borden Ladner Gervais LLP

  Matthew is certified by the Law Society of Ontario as a Specialist in Labour and Employment Law. He represents employers in labour and employment-related litigation, including wrongful dismissals and labour arbitration. He frequently appears before the courts, including at the appellate level.

  He also acts for employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.

  And he represents employers, supervisors and constructors in proceedings under the Occupational Health and Safety Act, including in defence of quasi-criminal charges further to workplace accidents and injuries.

• 9:40 AM

  Case study: Employment contracts – Identifying potential problems to avoid legal challenges

  The increasing complexity in employment law continues to be a challenge for employers, particularly in regard to contracts. Companies need to stay on top of fast changing regulations to avoid legal issues. This session will provide an update on common issues associated with drafting contracts, including ensuring enforceability making sure compliance with recent legislative changes, and future-proofing. 

  • Enforceability issues: how to minimize the risk of your contract being found as unenforceable 
  • Ensuring compliance with both federal and provincial legislation 
  • Best practices for changing terms of employment 

  

  R. Mark Fletcher

  Partner
  Grosman Gale Fletcher Hopkins LLP

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  R. Mark Fletcher

  Partner
  Grosman Gale Fletcher Hopkins LLP

  Mark Fletcher is a Partner with Grosman Gale Fletcher Hopkins LLP.  Mark is an experienced trial lawyer who is regarded by his peers and ranked by LEXPERT and recognized by Best Lawyers as one of the leading employment lawyers in Canada. He advises and provides representation to both employers and employees in wrongful dismissal actions, executive compensation disputes, and in human rights cases. Mark is the co-Editor-in-Chief of the Canadian Cases on Employment Law (CCEL) and is the Editor for the Employment Bulletin publications. He is frequently invited to speak on employment and human rights law issues by The Law Society of Ontario, the Ontario Bar Association, and Osgoode Hall Law School. 

• 10:15 AM

  Case study: Understanding the new reality of pay equity

  With the implementation of the Pay Equity Act by the Government of Canada, there is a sense of urgency for employers to adopt a pay equity strategy to close the gender wage gap and help ensure workers receive equal pay for work of equal value. This session will look at how to navigate the multi-step pay equity process with adherence to legislative and compliance obligations. 

  • An overview of pay equity laws in Canada (existing provincial legislation and new federal legislation) 
  • A look at the steps to achieving pay equity in your organization 
  • Working with a pay equity committee to prepare for pay equity 
  • Taking benefits beyond compliance 

  

  Lisa Cabel

  National Employment & Labour Lead
  KPMG in Canada

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  Lisa Cabel

  National Employment & Labour Lead
  KPMG in Canada

  With over 15 years of experience, Lisa is a Partner and National Leader at KPMG in Canada’s Law Employment and Labour practice. Since joining, the practice has grown under her leadership to include additional partners, including one of the leading Occupational Health and Safety (“OHS”) lawyers in Canada, associates, support staff, and a pay equity team. Her practice is one of the only National, female led, labour practices in the country.  

  Lisa provides powerful knowledge in human rights law, with a focus on management side labour and employment. She works with a diverse array of clients across all industries, from start-ups and family businesses, to large-cap public and private sector employees and companies. She also specializes in and provides legal advice to clients around collective agreement interpretation and negotiation, collective bargaining, employee discipline and terminations, wrongful dismissal claims, health and safety, harassment, and workplace policies and investigations. 

  Lisa provides practical and timely advice on a wide range of topics through webinars, articles, podcasts and radio interviews. She has published her book Ontario Litigator’s Guide to Human Rights Practice, which is in its second edition, as well as released two significant thought leadership pieces in response to employment issues, published by Impact Lawyers Magazine – Workplace Return, The New Face of the Workplace. As a result, her clients are kept up to date on legislative developments, including topics such as Workplace Accommodation and Child Care Responsibilities. 

  

  Wendy Glaser

  Director of Pay Equity
  KPMG

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  Wendy Glaser

  Director of Pay Equity
  KPMG

  With over 15 years of Human Resources consulting experience, Wendy specializes in legal compliance, with a specific subject matter expertise in Canadian pay equity (Ontario, Quebec, Federal) and employment equity. Other relevant experience and engagements include job evaluation design and implementation, compensation structure development and salary benchmarking.  

  Prior to joining KPMG, Wendy spearheaded and grew the Ontario division of a Quebec-based Human Resources consulting firm. She also assisted in the creation and roll-out of an internal pay equity tool to support clients with their compliance obligations. 

   As a specialist in pay equity compliance, Wendy has worked with employers in both the private and public sectors, including startups, SMEs and large multinational corporations. Her work has involved helping both unionized and non-unionized workforces in achieving and maintaining pay equity. Experience providing training on pay equity compliance, guiding clients through complex multi-year pay equity audits, and developing pay equity compliant programs across provinces.  

   

   

   

• 10:50 AM

  Networking and coffee break: Q&A ‘Ask the Experts’ breakout

  Have a question or comment for our panel of employment law experts? Join this short Q&A session to hear the answers to your most important HR and employment law queries. 

  

  Lisa Cabel

  National Employment & Labour Lead
  KPMG in Canada

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  Lisa Cabel

  National Employment & Labour Lead
  KPMG in Canada

  With over 15 years of experience, Lisa is a Partner and National Leader at KPMG in Canada’s Law Employment and Labour practice. Since joining, the practice has grown under her leadership to include additional partners, including one of the leading Occupational Health and Safety (“OHS”) lawyers in Canada, associates, support staff, and a pay equity team. Her practice is one of the only National, female led, labour practices in the country.  

  Lisa provides powerful knowledge in human rights law, with a focus on management side labour and employment. She works with a diverse array of clients across all industries, from start-ups and family businesses, to large-cap public and private sector employees and companies. She also specializes in and provides legal advice to clients around collective agreement interpretation and negotiation, collective bargaining, employee discipline and terminations, wrongful dismissal claims, health and safety, harassment, and workplace policies and investigations. 

  Lisa provides practical and timely advice on a wide range of topics through webinars, articles, podcasts and radio interviews. She has published her book Ontario Litigator’s Guide to Human Rights Practice, which is in its second edition, as well as released two significant thought leadership pieces in response to employment issues, published by Impact Lawyers Magazine – Workplace Return, The New Face of the Workplace. As a result, her clients are kept up to date on legislative developments, including topics such as Workplace Accommodation and Child Care Responsibilities. 

  

  Mathias Link

  Partner
  Fasken Martineau DuMoulin LLP

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  Mathias Link

  Partner
  Fasken Martineau DuMoulin LLP

  Mathias Link is a partner in Fasken Martineau’s Labour, Employment & Human Rights Law Group. He has advised and represented employers with respect to labour, employment and human rights law matters for 20 years.

  Matt’s practice includes defending employers in wrongful dismissal actions, human rights complaints, grievance arbitrations, certification applications, unfair labour practice complaints, claims under the Employment Standards Act, 2000 and Canada Labour Code as well as disability benefits claims related actions.

  Matt acts as lead spokesperson in collective bargaining on behalf of employers and assists employers with negotiation strategy and providing ongoing advice regarding collective agreement administration.

  He also provides clients with strategic advice with respect to the employee related aspects of corporate restructurings, drafts employee and independent contractor agreements and reviews and provides advice concerning workplace policies in areas such as the duty to accommodate, harassment and discrimination.

  Matt spent a year as in-house counsel with one of North America’s largest financial institutions providing legal and practical advice on matters focusing on employment law, human rights, employment contracts, privacy legislation and disability benefits claims.

  Matt is a frequent speaker at Ontario Bar Association and Lancaster House seminars and contributes to publications such as Lexpert, Canadian Corporate Counsel magazine and Canadian Labour and Employment Law for the U.S. Practitioner, published by BNA Books, Washington, DC and is co-author of the chapter on Canadian Employment and Labour Law for the International Comparative Legal Guide (ICLG).

  A graduate of the University of Victoria Faculty of Law, Matt was called to the bar in Ontario in 2003.

  

  Wendy Glaser

  Director of Pay Equity
  KPMG

  ×

  

  Wendy Glaser

  Director of Pay Equity
  KPMG

  With over 15 years of Human Resources consulting experience, Wendy specializes in legal compliance, with a specific subject matter expertise in Canadian pay equity (Ontario, Quebec, Federal) and employment equity. Other relevant experience and engagements include job evaluation design and implementation, compensation structure development and salary benchmarking.  

  Prior to joining KPMG, Wendy spearheaded and grew the Ontario division of a Quebec-based Human Resources consulting firm. She also assisted in the creation and roll-out of an internal pay equity tool to support clients with their compliance obligations. 

   As a specialist in pay equity compliance, Wendy has worked with employers in both the private and public sectors, including startups, SMEs and large multinational corporations. Her work has involved helping both unionized and non-unionized workforces in achieving and maintaining pay equity. Experience providing training on pay equity compliance, guiding clients through complex multi-year pay equity audits, and developing pay equity compliant programs across provinces.  

   

   

   

  

  Hendrik Niuewland

  Partner
  Shields O’Donnell Mackillop LLP

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  Hendrik Niuewland

  Partner
  Shields O’Donnell Mackillop LLP

  Hendrik is a partner at SOM.  Since joining the firm in 2007, Hendrik has represented individuals and businesses in a wide range of employment and labour disputes, including wrongful dismissal litigation, employment standards complaints, Canada Labour Code unjust dismissal complaints, human rights applications, union grievances, and fiduciary litigation. Hendrik has served as counsel at several trials, appeals, arbitrations, and injunctions. Hendrik advises businesses in a number of sectors, including manufacturing, banking, financial services, health care, publishing, retail, charities, government, and technology. 

  In addition to his litigation practice, Hendrik is a frequent writer and speaker on employment and labour law matters. Hendrik has authored and contributed to several legal texts, and has written for Canadian Lawyer In House magazine, HR Professional magazine, Canadian HR Reporter, and the Financial Post. Hendrik has presented at the Law Society of Upper Canada, the Ontario Bar Association, the Institute for Professional Management, the Human Resources Professionals Association (HRPA) Annual National Conference, and at HRPA Chapters across the GTA. 

  Before joining the firm, Hendrik received his law degree from Queen’s University, and clerked for the judges of the Ontario Divisional Court in 2006. Hendrik is from the small Niagara town of Port Colborne, Ontario. 

• 11:25 AM

  Case study: Accommodation in the workplace – Understanding employer obligations when dealing with physical and mental health issues

  With levels of absenteeism and long term leave higher than ever, employers need to stay on top of their legal responsibilities and duty to accommodate. This session will look at employers’ legal obligations, and how they can support employees while still meeting the needs of the business.   

  • Understanding your duty to inquire when addressing health issues  
  • Managing accommodation requirements for return to work from non work-related disability leave
  • An overview of accommodation requirements under human rights law 

  

  Rachel Turnpenney

  Partner
  Turnpenney Milne LLP

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  Rachel Turnpenney

  Partner
  Turnpenney Milne LLP

  Rachel Turnpenney is an employment lawyer and workplace investigator. Since founding Turnpenney Milne LLP in 2010, Rachel has developed expertise in conducting workplace investigations as an external, neutral, third party on topics ranging from harassment, sexual harassment and human rights matters to general misconduct. She is also regularly retained to investigate high profile and complex matters involving multiple parties and complaints.  

  Rachel is a member of AWI and an AWI Certificate Holder (AWI-CH). She is also on the roster of those deemed to have the knowledge, training and experience necessary to conduct investigations under the Work Place Harassment And Violence Prevention Regulations of the Canada Labour Code. 

  Rachel advises both employers and employees on workplace related matters.  

  Beyond the role of investigator and employment lawyer, Rachel is routinely retained to conduct post-investigation services such as facilitation, coaching and in-house training on topics such as the fundamentals of harassment and discrimination, investigation procedures, and individualized sensitivity or respect in the workplace training. 

  Rachel frequently conducts workplace/institutional assessments.  Rachel has been delving into identifying and addressing culture issues impacting organizations. These engagements include leading a culture review, reviewing an organization’s policies and practices, and providing expertise on how to improve the current culture taking into account the specific needs and unique factors impacting an organization. 

• 12:00 PM

  Case study: Integrating AI in your business – increasing productivity while managing potential risks

  AI is steadily gaining ground across multiple industries, offering an unprecedented boost to productivity, but not without a cost in terms of legal risks, including human rights violations, privacy concerns and job redundancies.  This session will examine the potential of AI in the workplace as well as the possible risks, and how to mitigate them to protect your business.  

  • An overview of the benefits of AI in HR 
  • Understanding the legal risks associated with AI in HR 
  • Ensuring human review of data to minimize potential discriminatory outcomes 
  • Implementing policies surrounding AI use to avoid data breaches 

  

  Laura Blumenfeld

  Partner
  Blake Cassels & Graydon LLP

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  Laura Blumenfeld

  Partner
  Blake Cassels & Graydon LLP

  Laura specializes in employment and labour law, providing practical and timely advice to clients on workplace issues.  She is a trusted advisor, dedicated to using her knowledge and expertise to achieve client objectives. 

  A large part of Laura’s practice involves advising on employment and labour aspects of corporate transactions, including the drafting and negotiation of purchase agreements and related executive employment, retention, transaction bonus, non-competition and non-solicitation agreements. She also advises on post-closing employee integration matters. 

  Laura regularly represents and advocates for employers in employment and labour related litigation, arbitration and mediation, including wrongful dismissal actions and human rights applications.  

  Laura stays up-to-date on rapidly evolving employment laws. She has extensive experience providing clients with day-to-day compliance advice and strategic guidance on employment and labour matters, including workplace harassment, accommodation requests, health and safety and workplace disputes. She also frequently assists clients with the negotiation and drafting of employment, consulting and termination agreements.  

  Laura is a sought-after speaker and frequently writes on employment law issues. She also serves as a member-at-large on the Ontario Bar Association Labour & Employment Section Executive. 

   

• 12:30 PM

  Lunch break

• 1:00 PM

  Case study: Privacy and employment law in Ontario – An overview of employee rights and employer obligations

  Workplace privacy is an increasingly complex subject, and employers need to be aware of the limitations of workplace surveillance in this increasingly grey area. This session will look at how employers can balance employees’ right to privacy with legitimate business needs. 

  • Maintaining privacy during workplace investigations to protect the parties involved while still gathering the necessary information 
  • Analyzing organizational needs and limiting surveillance to necessary and reasonable bounds 
  • Assessing the impact of Bill 88 over the past year; Is there likely to be further legislation?  

  

  Chris Foulon

  Partner
  Israel Foulon Wong LLP

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  Chris Foulon

  Partner
  Israel Foulon Wong LLP

  Chris Foulon is a Founding Partner and the Managing Partner of Israel Foulon Wong LLP. He represents both employers and employees in a wide range of employment and labour matters including: wrongful dismissals, injunctions, Employment Standards Hearings, disputes before the Ministry of Labour, workplace safety matters, Occupational Health and Safety charges and matters before the Human Rights Tribunal. Chris also advises employers with respect to union organization drives and responding to applications for certification, related employer applications, unfair labour practice complaints, union grievances and negotiating collective agreements. He assists employers in instituting policies, practices and procedures which increase productivity and reduce workplace conflict. 

  Chris was selected by his peers for inclusion in Best Lawyers in Canada (2013 through to 2023 inclusive) in the practice area of Labour and Employment Law, as well as for inclusion in the 2021 and 2022 Top Lawyers List in Post City Magazine. Chris has also been ranked as “Most Frequently Recommended” for both employers and employees in the Canadian Legal LEXPERT Directory from 2018 through to 2023 inclusive. 

  Chris is a regular speaker at conferences held by the Law Society of Upper Canada, the Human Resources Professionals Association and Osgoode Professional Development. 

   

• 1:35 PM

  Panel: Understanding the legal implications of mental wellbeing in the workplace

  Mental health is an increasingly important subject within the workplace and is having a huge impact on employee engagement and disability claims. This panel will look at how employers can offset this issue by addressing problems before they become critical, leading to downtime, disability, and a loss of talent

  • Addressing disputes, bullying, and workplace trauma before they become a problem 
  • Identifying ways to reduce absenteeism and dismissals caused by stress 
  • Guidelines for managing mental health in the workplace from a legal perspective

  Moderator

  

  Lisa Goodfellow

  Partner, Leader, Labour & Employment
  Miller Thomson LLP

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  Lisa Goodfellow

  Partner, Leader, Labour & Employment
  Miller Thomson LLP

  Lisa Goodfellow is a trusted adviser to employers on a wide range of human resources matters, including wrongful dismissal actions, human rights and accommodation issues, attendance management, employment standards, employment aspects of mergers and acquisitions, certification applications, collective bargaining, unfair labour practice complaints, grievance arbitrations, management training, non-competition and non-solicitation obligations, injunctions, and protection of proprietary information. She also conducts and advises on workplace investigations. Lisa is the Leader of Miller Thomson’s Labour & Employment Group. 

  Lisa guides her clients through complex and ever-changing labour and employment laws to find practical business solutions that work for them. She is experienced in advising both provincially and federally regulated employers in the public and private sectors. She prides herself in giving practical, proactive advice on a responsive and timely basis. 

   

  Panelists

  

  Mathias Link

  Partner
  Fasken Martineau DuMoulin LLP

  ×

  

  Mathias Link

  Partner
  Fasken Martineau DuMoulin LLP

  Mathias Link is a partner in Fasken Martineau’s Labour, Employment & Human Rights Law Group. He has advised and represented employers with respect to labour, employment and human rights law matters for 20 years.

  Matt’s practice includes defending employers in wrongful dismissal actions, human rights complaints, grievance arbitrations, certification applications, unfair labour practice complaints, claims under the Employment Standards Act, 2000 and Canada Labour Code as well as disability benefits claims related actions.

  Matt acts as lead spokesperson in collective bargaining on behalf of employers and assists employers with negotiation strategy and providing ongoing advice regarding collective agreement administration.

  He also provides clients with strategic advice with respect to the employee related aspects of corporate restructurings, drafts employee and independent contractor agreements and reviews and provides advice concerning workplace policies in areas such as the duty to accommodate, harassment and discrimination.

  Matt spent a year as in-house counsel with one of North America’s largest financial institutions providing legal and practical advice on matters focusing on employment law, human rights, employment contracts, privacy legislation and disability benefits claims.

  Matt is a frequent speaker at Ontario Bar Association and Lancaster House seminars and contributes to publications such as Lexpert, Canadian Corporate Counsel magazine and Canadian Labour and Employment Law for the U.S. Practitioner, published by BNA Books, Washington, DC and is co-author of the chapter on Canadian Employment and Labour Law for the International Comparative Legal Guide (ICLG).

  A graduate of the University of Victoria Faculty of Law, Matt was called to the bar in Ontario in 2003.

  

  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

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  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

  Lorenzo Lisi is the Leader of the Workplace Law Group at Aird & Berlis. He has practised exclusively in the area of labour and employment law for almost 30 years, representing employers on all areas touching labour and employment law, both provincially and federally. Lorenzo has served on the Board of Directors of the Canadian Association of Counsel to Employers (CACE) as well as a member of the Government Affairs Committee of the Human Resources Professionals Association of Ontario. He is repeatedly recommended as a leader in labour and employment law by Chambers and Partners, The Legal 500, Best Lawyers and Lexpert.

  

  Stephanie Weschler

  Partner
  Stikeman Elliot LLP

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  Stephanie Weschler

  Partner
  Stikeman Elliot LLP

  Stephanie Weschler is a partner in the Employment & Labour Group at Stikeman Elliott LLP. Her practice is focused on all aspects of employment law, with an emphasis on advising public and private companies on the employment and labour law aspects of purchase and sale transactions. Stephanie provides strategic and innovative advice on different aspects of employment issues faced by companies daily and works closely with clients on drafting executive employment agreements, consulting agreements, change of control and retention agreements, restrictive covenants agreements, and equity and non-equity-based incentive compensation plans. She also advises on all matters relating to executive compensation, human rights and workplace investigation, and is experienced in the full range of alternative dispute resolution, including negotiation, mediation and settlement techniques. 

   Stephanie is a member of the Students & Stagiaires Committee and Chair of the Staff Relations Committee in Stikeman Elliott’s Montréal office. 

   

• 2:20 PM

  Closing remarks