2023 AGENDA

All times in ET

• 9:45 AM

  Registration and virtual orientation

• 10:00 AM

  Opening Remarks

• 10:05 AM

  Panel: Meeting obligations to address violence and harassment in the workplace

  Despite increased attention to workplace violence and harassment, these types of complaints continue to abound. Employers need to be proactive and take action early to prevent and minimize the impact of these incidents to increase overall workplace safety. This session will examine emerging trends that are having a profound impact on the way that these incidents are being investigated and addressed.

  • Recognizing and addressing the types of behaviour that can constitute more subtle forms of harassment
  • Latest legal requirements for incident reporting and investigation: Developing an effective reporting and resolution process
  • Key consideration when assessing the risks of workplace violence in your organization
  • Case study on the impact of remote work environments on incidents of harassment and violence
  • Key components of a successful workplace violence and harassment policy and program

  Moderator

  

  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.

  Matthew acts for and advises private and public sector employers on a full range of labour and employment matters, including:

  • dismissals and discipline
  • employment contracts and policies
  • human rights issues, such as discrimination and harassment
  • workers’ compensation, employment standards, and occupational health and safety matters

  Matthew is the co-author of Just Cause: The Law of Summary Dismissal in Canada, which is frequently cited in decisions.

  Within BLG, Matthew held the role of National Leader of BLG’s Labour & Employment Group from 2011-2016, and before that was the Toronto Leader from 2008-2011.

  Experience

  • Acts on behalf of employers and employees in employment-related litigation, including wrongful dismissals.
  • Acts on behalf of employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.
  • Acts on behalf of 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.
  • Advises private and public sector employers in full range of labour relations and employment law matters, including: dismissals and discipline; employment contracts and policies; human rights issues, i.e., discrimination and harassment; workers’ compensation, employment standards and occupational health and safety matters.

   

  Insights & Events

  • Assistant editor, Canadian Cases on Employment Law, Carswell/Thomson Reuters.
  • Author, Federal Employment and Labour Law & Commentary, LexisNexis.
  • Author, Ontario Employment and Labour Law & Commentary, LexisNexis.
  • Author, The Regulation of Picketing: An Employer’s Primer to Labour Injunctions, Thomson Carswell.
  • Editor-in-Chief, Executive Employment, Quarterly Journal, Federated Press.
  • Co-author of legal text, Just Cause: The Law of Summary Dismissal in Canada, published by Canada Law Book, 1998 (updated annually).

  Beyond Our Walls
  Professional Involvement

  • Member of the Canadian Bar Association (Ontario)
  • Member of the American Bar Association
  • Past member, Board of Governors, Wilfrid Laurier University
  • Past member, Justices of the Peace Appointments Advisory Committee, Ministry of the Attorney General (Ontario)

   

  • Awards & Recognitions
    Recognized in the 2022 edition (and since 2016) of Chambers Canada — Canada’s Leading Lawyers for Business (Employment & Labour: Ontario) and in the 2020 edition (Employment & Labour: Nationwide).
  • Recognized in the 2022 edition (and since 2010) of The Best Lawyers in Canada (Labour and Employment Law).
  • Recognized in the 2022 edition (and since 2015) of Legal 500 Canada (Labour & Employment).
  • Recognized in the 2021 edition (and since 2007) of The Canadian Legal Lexpert® Directory (Employment Law, Labour Relations, Workers’ Compensation, Workplace Human Rights).
  • Recognized in the 2019 edition (and since 2009) of Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Employment Law).
  • Recognized in the 2019 edition (and since 2016) of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a “Local Litigation Star: Ontario” and a “Litigation Star: Labour and Employment.”

   

  Bar Admission & Education

  • Ontario, 1995
  • LLB, Dalhousie University, 1993
  • BA (Hons.), Wilfrid Laurier University, 1988

  Panelists

  

  Naomi Calla

  Workplace Investigator & Employment Lawyer
  Calla Law

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  Naomi Calla

  Workplace Investigator & Employment Lawyer
  Calla Law

  Naomi Calla is a lawyer and workplace investigator. She offers an unbiased, sensible, and effective approach to workplace investigations. 

  Naomi opened Calla Legal after over a decade of practice in the labour and employment department of a leading, national full-service Canadian law firm. While there, Naomi had a traditional labour and employment practice, acting for clients in both the public and private sectors in a wide range of matters. Naomi developed a particular focus on human rights litigation and workplace investigations. Naomi regularly appeared before the Ontario courts, Ontario Human Rights Tribunal, Ontario Labour Relations Board, grievance arbitrators, and other administrative bodies. 

  Naomi opened Calla Legal to focus her practice on workplace investigations. She is able to leverage her significant litigation and employment-law experience to conduct insightful, results-oriented, and efficient workplace investigations. Naomi conducts investigations into a range of issues such as complaints of harassment, sexual harassment, bullying, discrimination, workplace violence, conflicts of interest, and policy or code of conduct breaches. 

  

  Meghan Ferguson

  Director of Employment, Labour and Respectful Workplace
  Sinai Health

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  Meghan Ferguson

  Director of Employment, Labour and Respectful Workplace
  Sinai Health

  

  Steve T. Eichler

  Partner
  Field Law

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  Steve T. Eichler

  Partner
  Field Law

  Steve Eichler practices employment and administrative law with a particular focus on occupational health and safety defence and compliance issues and related criminal matters. His criminal, employment and OHS work has resulted in a burgeoning practice of workplace harassment investigations including harassment, bullying and issues of discrimination. 

  In addition to his trial work, Steve advises businesses and corporations both for-profit and non-profit on matters involving governance, registration and admission, ethics and other professional and regulatory law issues. Clients regularly rely on Steve for counsel in the following areas: 

  • Employment: Steve provides a broad range of employment law and human resources-related services for companies and non-profits as well as for individual managers and workers, including policy creation and implementation, hiring and termination, drug testing issues and more. 
  • Occupational health and safety: Steve assists employers with OHS policies and due diligence preparation when there has been a workplace accident.  His clients include companies, directors and individual managers in oil and gas, manufacturing, construction, forestry and residential and commercial construction. ”I regularly help clients who’ve been charged as well as advise and educate clients about prevention and OHS policies. I also perform audits, review documents and provide training. I pride myself on being able to explain the complexities of OHS law to clients, whether they are in dress shoes or work boots.”  
  • Harassment/Bullying Investigations: Steve assists employers with harassment policies and investigations from alleged breaches of them.  He has assisted private companies, non-profit companies and societies. He has conducted dozens of investigations in organizations large and small. Steve is always mindful that a harassment investigation may have great repercussions for an organization and maintains a particular sensitivity in this regard. 

  • Administrative: “I work with tribunals and corporate entities on regulatory and administrative law issues, including professional discipline and human rights issues such as race, religion, age and gender.” 

  Steve is one of the few Alberta lawyers to achieve acquittal at trial on behalf of a client on OHS charges. Clients have sought Steve’s help with representation before a wide range of adjudicative bodies in Canada, including the Alberta Provincial Court, the Alberta Court of King’s Bench, the Alberta Court of Appeal, the Supreme Court of Canada, the Board of Reference, the Alberta Human Rights Commission, the Alberta Law Enforcement Review Board and the Office of the Information and Privacy Commissioner. He articled with the Court of Appeal and Court of King’s Bench and practiced criminal and family law in Yellowknife before returning to Calgary to join Field Law.  

  Value to Clients 

  “To me, most legal issues are personal for the client. Even a seemingly pure business dispute has a big personal component. That’s one of the reasons I like picking up the phone to speak to opposing counsel on a legal matter; it helps everyone focus on the issues.”   

  “I also see part of my job involving taking some of the pressure off of my clients. I try to educate them about the law, to de-mystify the process for them and how it affects their business. In this way, I help them to focus on concrete, down-to-earth alternatives.” 

  “I think one of my fortés is my ability to assist clients in the midst of a crisis. I can see past the initial tumult and guide them confidently to resolution. After all, lawyers are supposed to help people, aren’t they?” 

  Outside the Office 

  Steve is an active member of Calgary’s arts community, having sat on the Board of the Calgary Folk Music Festival for many years. In addition, he was vice-chair of the One Yellow Rabbit Performance Theatre and a director of Music Calgary. He was on the Host City Committee for the JUNO Awards, the nation’s annual week-long celebration of Canadian music and artists. Steve also builds his own musical instruments and plays in several bands in and around Calgary. 

   

• 10:55 AM

  Direction of regulatory enforcement efforts: Current focus of safety authorities

  With the significant increase in maximum fines for OHS offences, as well as the introduction of prosecution-friendly changes in recent years, it is critical to stay informed of the direction of regulatory enforcement efforts. This session will examine key areas that safety authorities are focusing on and provide practical insights into establishing effective OHS roles and responsibilities for dealing with heightened liability.

  • Best practices for directors, officers, and safety professionals to adapt to the emerging aggressive stance on OHS compliance and penalties for non-compliance
  • How the increase in maximum fines under the OHSA is playing out in court
  • Implications of extended limitation period for laying charges: How it impacts prosecutions
  • Key sentencing considerations in recent cases: Understanding “aggravating factors” for the purposes of determining a penalty
  • Increased charges under the General Duty clause: Requirement to take reasonable precautions for safety

  

  Adrian Miedema

  Partner
  Denton Canada LLP

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  Adrian Miedema

  Partner
  Denton Canada LLP

  Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in occupational health and safety (OHS) and employment matters.  

   Ranked in Lexpert for occupational health and safety and in Best Lawyers in Canada and The Legal 500 Canada for labour and employment law, Adrian helps minimize litigation through his practical approach and thorough analytical skills.  He is a strong advocate for clients before courts and tribunals when litigation is the best option. He provides personalized and effective advice by understanding not only the operations and structures of his clients’ businesses but also their strategic and business objectives.  

   Adrian regularly appears before Ontario courts and employment tribunals on behalf of employers.  Over the course of his career, he has represented employers, constructors, directors, and supervisors charged with OHS offenses, working toward a result that manages the legal, personal, and public relations risks. Adrian has been an adjunct professor of employment law at Western University.  He is the co-editor of Dentons’ OHS blog, occupationalhealthandsafetylaw.com, and has co-authored three books on employment law topics.  

   Adrian regularly shares his expertise at conferences.  He currently sits on the board of his neighborhood association in Toronto and is a past director of The Scott Mission and Yonge Street Mission. 

• 11:30 AM

  Best practices for responding to and appealing OHS Orders

  Employers are often uncertain as to what course of action to take when issued an order that alleges contraventions of OHS law. This session will explore an employer’s right to appeal and/or seek a suspension of an inspector’s orders and best practices for achieving success if you decide to appeal an order.

  • Best practices in analyzing and initially responding to orders
  • Critical factors in determining whether to appeal an order: Factors in determining chances of success
  • Lessons learned concerning the appeal process as a result of a recent court decisions
  • Considerations in weighing the time and legal costs associated with initiating the appeal of an order
  • Implications of having orders on your record: Potential impact on future sentencing

  

  Madeleine Loewenberg

  Co-founder
  Loewenberg Psarris Workplace Law LLP

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  Madeleine Loewenberg

  Co-founder
  Loewenberg Psarris Workplace Law LLP

  Madeleine has practiced exclusively as an employment and labour lawyer since her call to the Ontario bar in 2002.  She drafts and provides advice related to employment contracts; provides advice related to attendance management; consults in respect of termination entitlements; conducts workplace investigations; drafts workplace policies and procedures;  advises on and litigates issues arising under the Ontario Human Rights Code, the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act; and conducts grievance arbitration proceedings and wrongful dismissal litigation.

  In addition, Madeleine advises on compliance and training initiatives related to the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act and the Occupational Health and Safety Act. 

  Madeleine has appeared before all levels of Ontario court and administrative tribunal, including the Federal Court and the Ontario Court of Appeal.

  She lectures and leads workshops for other practitioners, employer associations and clients on a wide variety of topics related to her practice.  She has contributed to and been quoted in a variety of publications including: the Toronto Star, Canadian Employment Law Today, the Workplace News, the Law Times, the Canadian Safety Reporter and the Mercer/CCH Guide for Employers.

  She is listed in Best Lawyers Canada in the areas of Labour and Employment and Workers Compensation Law (where she has twice been Lawyer of the Year), the Canadian Legal Lexpert Directory for her work in Occupational Health and Safety, and she has been recognized as a Five Star Safety Lawyer by Canadian Occupational Safety Magazine.  She has also been identified as an Acritis Star by Thomson Reuters.

• 12:00 PM

  Networking & lunch break

• 12:30 PM

  Legal considerations in managing mental health Issues in the workplace

  There is growing acknowledgement that mental wellbeing is as important as physical health and safety in the workplace, making psychological safety a growing component of employer OHS obligations. This session will explore the emerging legal issues in this evolving area of OHS and examine practical strategies for managing the law surrounding mental health issues in the workplace.

  • Effective steps for identifying and addressing psychological risks in the workplace

  • Duty to report mental health related issues, with respect to WSIB
  • Addressing burnout as a workplace health & safety issue: WSIB issues related to chronic mental stress
  • Legal requirements for accommodating employees citing mental health issues

  • Legal requirements of offering mental health first aid in the workplace

  

  David Law

  Founder & Principal
  LAWatWork The David K Law Professional Corporation

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  David Law

  Founder & Principal
  LAWatWork The David K Law Professional Corporation

  David Law is the founder of LawatWork. He is committed to delivering wise counsel and strong representation in the provision of general counsel and employment law services. 

  Repeatedly voted by his peers as one of the Best Lawyers in Canada in Employment, Labour and Workers’ Compensation law, David works closely with his clients. He wants the law to work for them, so that they can live and work according to their values, improve their practices and achieve their goals.  

  “Organizations need, want and deserve the best quality advice and representation, delivered rapidly and cogently. 

  They should expect – and get – expertise, integrity and deep attention from their counsel.   

  The LawatWork concept is that a client should pay only for what they need, not what the law firm needs them to pay for.“

  David Law was a partner at a leading labour & employment boutique and later, at Canada’s largest international law firm, from 1999 to 2018.  

• 1:05 PM

  Incident response and reporting best practices: How to handle a safety incident to minimize liability

  An effective incident response and investigation can limit potential damage, mitigate liability, and prevent similar incidents and future injuries. This session will examine best practices for responding to an incident, providing practical insights into meeting reporting requirements, and performing effective investigations.

  • Complying with latest legislated developments to post-incident notice requirements
  • Critical components in conducting a robust and compliant internal investigation
  • Key considerations when writing investigation reports
  • Establishing formalized processes for incorporating findings into future OHS practices
  • Steps involved in reporting near misses: when and how to report
  • Preparing for a government investigation

  

  Jeremy Warning

  Partner
  Mathews, Dinsdale & Clark LLP

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  Jeremy Warning

  Partner
  Mathews, Dinsdale & Clark LLP

  Jeremy is a labour and employment lawyer specializing in occupational health and safety law. As a former health and safety prosecutor, Jeremy has detailed and special expertise in occupational health and safety and other regulatory matters. He advises and represents organizations and their management in all sectors. Jeremy provides proactive and strategic advice following serious workplace incidents, during regulatory inspections (including in challenging orders and directions), with respect to work refusals, and on other sensitive health and safety issues. In addition, Jeremy is a very experienced and successful advocate who has conducted numerous trials, appeals and hearings before every level of court in Ontario and before boards of arbitration, the Ontario Labour Relations Board, Occupational Health and Safety Tribunal Canada, and Coroner’s Inquests. 

  Jeremy is a co-author of the Annotated Occupational Health and Safety Act, a leading text used by lawyers and human resources and health and health and safety professionals. He is also a frequent writer, speaker and lecturer on health and safety law and issues. As well, Jeremy is the immediate past Chair of the Occupational Health and Safety Subcommittee of the Canadian Association of Counsel to Employers (CACE). 

  Jeremy is recognized as a leading occupational health and safety lawyer. He is ranked as “consistently recommended” in the Canadian Legal Lexpert Directory and is listed in the Best Lawyers in Canada. 

   

• 1:35 PM

  Networking & afternoon break

• 2:00 PM

  Role of the due diligence defense in OHS prosecutions

  Due diligence, which has proven important as a legal defense for charges under OHS legislation, requires that an employer implement a plan to identify possible workplace hazards and carry out the appropriate corrective actions. This session will look at whether due diligence is still a viable defense in 2023, and

  provide best practices for laying the groundwork for an effective due diligence defense.

  • Legal significance of due diligence in the context of occupational health & safety in the current legal environment

  • Meeting the conditions for establishing due diligence: Key criteria in determining the achievement of due diligence
  • Recent applications of due diligence in OHS law cases: Lessons learned

  • Key roles and responsibilities of employers and safety management in establishing due diligence

  • Importance of and best practices for creating an action plan to demonstrate due diligence

  Panelists

  

  Norm Keith

  Partner
  KPMG Law LLP

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  Norm Keith

  Partner
  KPMG Law LLP

  Norm Keith is a management-side employment and labour lawyer, most notably he is one of the leading Occupational Health and Safety (“OHS”) lawyers in Canada. Additionally, Norm represents businesses in regulatory and white-collar crime investigations. He has successfully defended more than 1,000 OHS regulatory, criminal and related charges. 

  Norm’s advisory practice includes executive compensation, employment contracts, restrictive covenants, HR policies, COVID-19 vaccine policies, ethical practices, fraud prevention, and workers compensation claims management. Norm’s litigation practice includes wrongful dismissal, restrictive covenants, fraud recovery, whistle-blower complaints, work refusals, human rights claims, OHS prosecutions, labour arbitrations, OLRB hearings, and fiduciary duty lawsuits. 

  Norm has extensive experience in the complex subjects of alcohol & drugs and harassment & violence in the workplace. 

• 2:35 PM

  OHS obligations when contracting for work: Impact of Greater Sudbury case

  Contracting for work can be a legal minefield in terms of OHS responsibilities, as a contracting party’s OHS obligations do not necessarily end once a contractor has been engaged. Contractors could still be held liable for failing to ensure that work is carried out in accordance with legislated standards. This session will explore the OHS-related legal issues when contracting for work.

  • Potential impact of the Supreme Court decision in the Greater Sudbury case
  • Examining the significant differences in obligations when contracting for a construction project versus contracting for other work
  • Key factors to consider when determining whether the contracted work is a construction project: Application of a two-step test
  • Practical steps to take to ensure that work is carried out in accordance with legislated and industry standards when contracting
  • Avoiding attracting liability by exercising too much control as a contractor
  • Implementing a contractor safety management program and keeping detailed documentation

  

  Ryan J. Conlin

  Partner
  Stringer LLP

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  Ryan J. Conlin

  Partner
  Stringer LLP

  Ryan is a partner with Stringer LLP and practices primarily in the area of regulatory and employment law. Ryan is a frequent speaker and writer and has given presentations to a number of legal organizations, employers, and human resource groups on a wide range of regulatory and employment law issues..

  His experience includes:

  • Advising and acting for employers and individuals charged with contraventions of the Occupational Health and Safety Act and the Environmental Protection Act
  • Providing pro-active advice on OH&S and environmental matters
  • Assisting employers with a range of workers’ compensation issues
  • Litigation before the WSIB and WSIAT, claims management, independent operator issues and revenue matters
  • Defending professional discipline cases
  • Assisting employers with all facets of employment related immigration

  His publications include:

  • Co-author with Landon Young, A CLV Special Report “Managing OH&S Inspections and Search Warrants”
  • Co-author of the Special Report for Canadian Labour Views,  “Corporate and Organizational Liability for OH&S Under Bill C-45” and co-author of “OH&S Due Diligence In Ontario: A Practical Guide”
  • Co-author of The Employer’s Health & Safety Manual – Ontario, Carswell

   

• 3:10 PM

  Legal implications of addressing substance impairment in the workplace

  An employee under the influence of substances may have difficulty completing their work duties safely and as a result, put themselves and colleagues in danger. This session will provide legal advice on how to best manage substance impairment in the workplace and how to prevent such occurrences moving forward.

  • Building a hazard prevention program to prevent impairment hazards
  • Practical advice on how to prepare and implement policies on substance use and impairment
  • Legal concerns in conducting workplace alcohol and drug testing
  • Developing a fair and consistent approach when applying policies and procedures
  • Role of human rights and the duty to accommodate when dealing with impairment and addiction
  • Best practices for responding to claims of workplace impairment incidents

  

  Matthew Badrov

  Labour & Employment Lawyer
  Sherrard Kuzz LLP

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  Matthew Badrov

  Labour & Employment Lawyer
  Sherrard Kuzz LLP

  Matthew is a highly skilled and versatile lawyer with expertise in a broad range of employment, labour and human resources matters. He is recognized as a Five-Star Safety Lawyer by Canadian Occupational Safety®. 

  Widely published, Matthew is regularly asked to speak on a range of topics related to his practice and has taught labour law at Conestoga College.  He is bilingual – English/Croatian. 

  Matthew has been recognized by the Canadian Franchise Association with the Distinguished Franchise Support Service Award.  He is a member of the Law Society of Ontario, Canadian Croatian Chamber of Commerce, Canadian Franchise Association, Ontario Trucking Association, Retail Council of Canada, Canadian Bar Association, and Ontario Bar Association (Administrative Law, CCCA Ontario Chapter/Corporate Counsel, Labour & Employment, Franchise, Privacy and Access to Information, Civil Litigation, Constitutional, Civil Liberties & Human Rights, and Workers’ Compensation). 

  

  Loretta M. Bouwmeester, KC.

  Partner
  Mathews, Dinsdale & Clark LLP

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  Loretta M. Bouwmeester, KC.

  Partner
  Mathews, Dinsdale & Clark LLP

  Loretta is a well-rounded, versatile, practical and decisive workplace law lawyer.  She is a partner in our Employment, Labour, Occupational Health and Safety (OHS) and Workers’ Compensation practices. Prior to joining the firm, Loretta worked at other National law firms in addition to working in-house as the Manager of Legal Services and Corporate Policy with a municipality on a broad range of issues. She brings the benefits of this experience to her clients when working with them to both resolve disputes and in proactive strategic planning and risk management initiatives 

  Loretta has defended employers and prime contractors in regulatory proceedings and appeared before all levels of Court in Alberta, in addition to the Labour Relations Board. She is effective advising on national, provincial and federal compliance initiatives (including for employment, labour, human rights, privacy and OHS programs) and both carrying out and directing/overseeing workplace investigations. Loretta has had H2S Alive and WHMIS training, which enables her to rapidly access sour gas and other oil and gas facilities and has been repeatedly listed as a leading occupational health and safety practitioner in the Canadian Legal Lexpert Directory.  She is also recognized as a Best Lawyer for WCB. She frequently speaks at professional conferences and in house training sessions, has been published in national publications such as Canadian Occupational Safety and is a co-Author of LexisNexis’ Disability Management Compliance Manual. Loretta is a current, and multi-year, Contributor to Practical Law Canada – Employment,  with Thomson Reuters for the Provincial Q&As, Accident Reporting & Investigation (NWT) and Accident Reporting & Investigation (Fed). 

   

• 3:40 PM

  Closing remarks