Areas of Practice

As experts in labour and employment law, the firm's practice is concentrated in the following general categories:  

• Administrative Tribunal Advocacy
• Trial and Appellate Advocacy
• Collective Bargaining Negotiations
• Arbitration Boards
• Representation before Government Agencies
• Opinions and Advice

These areas of practice are further described as follows.

A. Administrative Tribunal Advocacy

1. Grievance Arbitration

• This involves litigation before tripartite boards and sole arbitrators.
• This form of litigation is fast-moving, not encumbered with the long and involved pre-trial procedures of traditional litigation.
• Subject matters include collective agreement interpretation, discipline and discharge grievances, seniority issues, etc.

2. Interest Arbitration

• This involves the adjudication of contract settlement disputes, where arbitration replaces the right to strike or lockout. Such arbitrations involve groups like police, firefighters and hospital employees.
• Such cases require skilled advocacy, involving the research and presentation of extensive written and oral submissions on behalf of the employer.
• The cases typically involve complex issues such as salary, pensions, staffing and scheduling.

3. Labour Relations Boards

• Members of our firm appear often before the Ontario Labour Relations Board and the Canada Industrial Relations Board.
• The issues litigated include union certification applications, unfair labour practice charges, related employer and sale of business applications, and construction industry grievances.

4. Pay Equity Tribunal

• Litigation of disputes regarding the implementation of the Pay Equity Act, 1987.

5. Human Rights Tribunals

• Many human rights complaints arise in the employment context.
• Our firm represents clients during the investigation stage; in making submissions to the Ontario and Canadian Human Rights Commissions; and in hearings conducted by boards of inquiry.

6. Employment Standards Adjudication

• Litigation of issues arising under the Employment Standards Act, 2000, such as severance pay, termination pay, vacation pay, overtime and holiday pay disputes.
• Such cases require an intimate knowledge of the statute together with superior advocacy skills.

7. Occupational Health and Safety Appeals

• Appeals of inspectors' orders under the Act, before the Ontario Labour Relations Board.

8. Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal

• Litigation of all issues arising under the Workplace Safety and Insurance Act, 1997, including objecting to workers' compensation claims and representing employers before Hearings Officers and Reinstatement Officers.
• Bringing appeals before the Workplace Safety and Insurance Appeals Tribunal.

B. Trial and Appellate Advocacy

1. Judicial Review and Appeals

• Our firm's high volume of administrative law cases regularly involves us in judicial review applications before the Divisional Court of the Superior Court of Justice, the Court of Appeal for Ontario and the Federal Court of Appeal.

2. Wrongful Dismissal Litigation

• A major component of our firm's work involves advising clients and defending actions regarding non-unionized employee terminations.
• This involves litigation before the Superior Court of Justice and the Court of Appeal for Ontario.

3. Injunctions

• From time to time our firm is involved in injunction applications regarding picketing and strikes, in the Superior Court of Justice.
• Such cases require top-notch advocacy in high-pressure situations.

4. Occupational Health and Safety Litigation

• Defence of clients charged with offences under the Act, generally in the Provincial Courts.

C. Collective Bargaining Negotiations

One of our firm's greatest strengths is the depth and scope of its members' experience in collective bargaining. Our lawyers participate at the bargaining table, as well as behind the scenes. They are involved at all stages of negotiations, including Conciliation and Mediation.

D. Arbitration Boards

The lawyers of Filion Wakely Thorup Angeletti LLP are frequently asked to sit as employers' nominees on three-person boards of arbitration, in both interest disputes (public sector contract settlements) and grievance arbitrations.

E. Representation Before Government Agencies

It is often necessary to make submissions to various government branches or agencies on behalf of clients. Examples include human rights complaint investigations, employment standards issues, and workers' compensation claims. This form of written advocacy often helps our clients avoid expensive litigation, with very positive results.

F. Opinions and Advice

As experts in labour and employment law, we are often asked to provide both oral and written opinions regarding the interpretation of collective agreements and statutes such as the following:

• Labour Relations Act, 1995
• Canada Labour Code
• Employment Standards Act, 2000
• Pay Equity Act
• Human Rights Code
• Charter of Rights and Freedoms
• Occupational Health and Safety Act
• School Boards and Teachers Collective Negotiations Act
• Crown Employees Collective Bargaining Act, 1993
• Public Service Act
• Hospital Labour Disputes Arbitration Act
• Smoking in the Workplace Act
• Workplace Safety and Insurance Act, 1997
• Pension Benefits Act

Managers, executives and consultants, as well as other lawyers who do not practise extensively in our area of expertise, often request our opinions in these areas. Our students are, from time to time, asked to research and assist in the drafting of such opinions.