CV

 

Education

 

1970           Waterloo Lutheran University

 

1972           B.A., University of Toronto

 

1975          LL.B. Osgoode Hall Law School, York University

 

1977           Called to the Bar of the Province of Ontario

 

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Professional Work History - Overview

 

1975 - 76

  • Articled to Ian Scott at the firm then known as Cameron, Brewin and Scott in Toronto

 

1977 - 78

  • Associate with the law firm of Jaffary & Turner, Toronto

 

1978 - 79

  • Maintained private office for the practice of law devoted primarily to employment, civil, criminal  and family litigation

 

1979 - 84

  • Member of the Faculty of Osgoode Hall Law School with responsibility as:
  • Counsel for the Community and Legal Aid Services Program
  • Lecturer in Civil Procedure and Trial Advocacy

 

1984 to date

  • Arbitrator and Mediator (see details below)

 

1991 - 1997

  • Chair, Education and Colleges Relations Commissions

 

1999 - 2006

  • Adjunct Professor, Osgoode Hall Law School

 

2007 to date

  • Director, Ontario Ministry of Labour Arbitrator Development Program

 

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Arbitration & Mediation Experience

 

  • Full-time Arbitrator and Mediator in the public and private sectors, including several appointments to permanent panels -1984 to date
  • Roster Mediator, Ontario Mandatory Mediation Program, 1999 to October 2002
  • Referee under the Employment Standards Act, 1984 -1990
  • Sitting on a Board of Inquiry hearing cases under the Ontario Human Rights Code
  • Factfinder, Mediator and Arbitrator for the Education and Colleges Relations Commissions, 1979 - 1988

 

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Tribunal, Project & Academic Appointments

 

  • Adjunct Professor, Osgoode Hall Law School, York University, teaching the Labour Arbitration Seminar, coaching moots and supervising graduate theses, 1999 to 2006
  • Director, Ontario Ministry of  Labour Arbitrator Development Program, 2007 to date
  • Chair, Education Relations Commission of Ontario, 1991-1997
  • Chair, Colleges Relations Commission of Ontario, 1991-1997
  • Vice-Chair (Part-Time), Ontario Labour Relations Board, 1984 -1997
  • Vice-Chair, Public Service Grievance Settlement Board, 1984 to date
  • Member of the Task Force recommending revisions to Part One of the Canada Labour Code, appointed by the Federal Minster of Labour, 1995 -1996
  • Chair, Ontario Motor Vehicle Arbitration Plan, 1990 - 1994

 

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Publications

 

1993

  • Labour Arbitration Yearbook: Lancaster House, Classification Disputes at Arbitration

 

1996

  • Seeking a Balance: Review of Part One of the Canada Labour Code, Co-Authored with Andrew Sims and Rodrique Blouin

 

2000

  • Book Review of Legalising Gender and Equality: Courts, Markets
  • Unequal Pay for Women in America, Published in Relations Industrielles/Industrial Relations, 2000, Vol. 55, No 2

 

2001

  • "Free Speech and Privacy in the Internet Age: The Canadian Perspective", Published in Arbitration 2001 Arbitrating in an Evolving Legal Environment, 54th Annual Meeting, National Academy of Arbitrators, Edited by J. Grenig and S. Briggs, The Bureau of National Affairs, Inc., Washington, D.C.

 

2001

  • Contributor to State of the Art and Practice in Dispute Resolution: Symposium in Honour of Bryan M. Downie; Mary Lou Coates, Editor. Queen's Industrial Relations Centre, 2002

 

2002

  • "Free Speech and Privacy in the Internet Age: The Canadian Perspective", Comparative Labour Law & Policy Journal,Volume 24, Number 1, Fall 2002

 

2008

  • "Arbitration in Opera, Literature and Art" in Arbitration 2008: U.S. and Canadian Arbitration: Same Probems, Different Approaches, Proceedings of the 61st Annual Meeting of the National Academy of Arbitrators

 

2010

  • "Human Rights and Accommodation," in Palmer and Snyder; Collective Agreement Arbitration in Canada, 4th Edition, Butterworths, 2010

 

2013

  • "Human Rights and Accommodation," in Palmer and Snyder; Collective Agreement Arbitration in Canada, 5th Edition, Butterworths, 2013

 

2013-2014

  • The "Supreme Court of Canada's Labour Law Trilogy": Its Legacy and Implications on the Future. Volume 45, No 2 Ottawa Law Review, page 265

 

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Professional Associations & Activities

 

1. National Academy of Arbitrators, Since 1995

                            Member, Board of Governors

                            Chair, Block Report Implementation Committee

                            Program Committee - Spring 2019 Philadelphia Conference

                            Past  Chair and Member of  the Committee on Professional Responsibility and Grievances

                            Chair, 2015 - 2016 Nominating Committee

                            C0-chair for the 2015 and 2016 Fall Education Conferences; Denver and New Orleans

                            Past Member of the Research and Education Fund

                            Program Committee for the 2008 Ottawa-Gatineau Conference

 

2. Ontario Labour-Management Arbitrators' Association, Since 1991

                            President, 2009 - 2010

                            Task Force on Amendments to the Code of Ethics, 2015

                            Board of Directors, 1995 - 1998

 

3. Member, Circle of Chairs, Society of Ontario Adjudicators, 1991 - 1997

 

4. Canadian Bar Association - Ontario Labour Law Subsection

                            President  1993 - 1994

                            Vice President  1992 - 1993

 

 

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Public Addresses & Activities

 

Several appearances giving speeches and training sessions about arbitration, mediation, labour relations and interest-based bargaining, including:

 

1991

  • "Winning Cases at Grievance Arbitration", presented for Lancaster House

 

1992

  • Ontario School Board Trustees Association, "Projections of Labour Relations Issue"s, Canadian Bar Association, Continuing Education Series,  Labour Relations Act Reforms

 

1993

  • Ontario English Catholic School Teachers Association, "Grievance Arbitration"

 

1995

  • Ontario Labour Relations Symposium, Panellist, "Ontario Labour Arbitration Forecast"

 

1996

  • Law Society of Upper Canada, Continuing Education Series, "Mastering Mediation"

 

1997

  • Infonex Seminar, Keynote Speaker, "Successfully Administering the Collective Agreement"
  • Institute for International Research “Discipline and Discharge, Procedures: A Practical Update Seminar, Diagnosing Potential Outcomes of your Arbitrations: The Arbitrator's Perspective"
  • Infonex Seminar, Chair,  "Canada Labour Code Reform, A Complete Review"

 

1998

  • University of Toronto Centre for Industrial Relations, Panellist,  Labour Arbitration Conference, "Putting Your Best Face on Your Case: What Arbitrators Look for in Case Presentation"
  • Osgoode Hall Law School, Professional Development Programme, Coach, Advanced Mediation Workshop
  • Centrum Information Seminar, Chair, "Key Issues in Ontario Education Reform"
  • Insight Information Inc. Conference, Keynote Speaker, "Labour Reform: How to Keep the Pendulum from Swinging"

 

1999

  • Ministry of Labour, Arbitrators Training Program, "Mediation in Arbitration"
  • Mathews, Dinsdale and Clark, Labour Law Moot Competition, Participating Arbitrator
  • Canadian Association of Labour Lawyers Conference, Guest Speaker
  • National Academy of Arbitrators, Speaker, "Disability Issues: The Canadian Perspective"
  • Lancaster House, Labour Arbitration Conference, Panellist, "Accommodation Issues"
  • Glass Moulders' Convention, Panellist, "What do Arbitrators Look for at Arbitration"

 

2000

  • Coach, Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot
  • Queen's University Industrial Relations Centre, Presentation, "Labour Arbitration Skills"
  • Queen's University Industrial Relations Centre, Panellist, Brian Downie Symposium, "Mediating Justice: Practice Meets Theory"

 

2001

  • Coach, Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot
  • Queen's University Industrial Relations Centre, Presentation, "Labour Arbitration Skills", April 30, 2001
  • Workshop Designer and Presenter for Ombudsman Ontario, "The Duty to Accommodate", October 12, 2001
  • Lancaster House Conference, Panel Chair, "Issues in Public Sector Bargaining", October 31, 2001
  • National Academy of Arbitrators, Speaker, Tampa, Florida, "Free Speech and Privacy in the Age of the Internet"
  • The Canadian Perspective, November 2, 2001, Co-Chair, Ontario Labour-Management Arbitrators' Association
  • Fall Education Conference, November 15, 2001, "Making the System Work Better"

 

2002

  • Coach, Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot
  • Speaker, Police Employment in 2000 Conference, Toronto, February 25-26, 2002
  • Key Note Speaker, Ontario Public School Boards Association, Labour Relations Symposium, April 4, 2002
  • Queen's University Industrial Relations Centre, Presentation, "Labour Arbitration Skills", April 28, 2002
  • Panellist, Law Society Continuing Education Seminar, "New Developments in Labour Law, Mediation in Arbitration", May 27, 2002
  • Discussion Leader, "Recent Issues and Developments in Canadian Labour Arbitration", National Academy of Arbitrators 2002 Annual Meeting, Pittsburgh, Pa., May 30 -  June 2, 2002
  • Co- Chair, Ontario Labour-Management Arbitrators' Association, Continuing Education Seminar, "Assessing Credibility",November 21, 2002

 

2003

  • Coach of the winning Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, February 18-19, 2003
  • Queen's University Industrial Relations Centre, Presentation, "Labour Arbitration Skills", May 25, 2003
  • Plenary Panellist, Labour Arbitration and Policy Conference, University of Calgary, Industrial Relations Research Group, June 11-12, 2003
  • Panellist, "The Future of Administrative Justice", 2003 Conference of Boards and Agencies, November 7, 2003

 

2004

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January 24, 2004
  • Queen's University Industrial Relations Centre, Presentation, "Labour Arbitration Skills", May 1, 2004
  • Panellist, Police Association of Ontario Conference, Workshop on Arbitration under the Police Services Act,  August 10, 2004
  • Panellist, Ontario Bar Association Labour Law Section, "Zero Tolerance: the Ultimate Zero Sum Game", September 20, 2004
  • Panellist, "How to avoid being Judicially Reviewed", with Justice Stephen Goudge, Ontario Court of Appeal, and Professor Thomas Kuttner, Ontario Labour-Management Arbitrators' Association, November 18, 2004

 

2005

  • Panellist, "Rulings on Difficult Issues at Arbitration", OPS Labour Relations Conference, January 20, 2005
  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, Placed 2nd

 

2006

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January, 2006
  • Panellist, Ontario Bar Association, Labour Law Subsection, "Straight Talk from Arbitrators", June 12, 2006
  • Speaker, Insight Conference, "Accommodation Issues in Arbitration", June 15, 2006
  • Moderator, Panel on "Ethical Issues in Arbitration", with  Justice Stephen Goudge, George Thompson and Ken Swan, at the Ontario Labour-Management Arbitrators' Association Conference, November 16, 2007

 

2007

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January, 2007
  • Panellist, "Difficult Rulings at Arbitration", Lancaster Conference, Calgary, Alberta, June 13, 2007
  • Speaker, "Confessions of the Arbitrator who wrote the Parry Sound decision" or "Be careful of what you asked for", Montreal, Quebec, June 14, 2007
  • Director, Arbitrator Development Program, Phase 1, with the Ontario Ministry of Labour, November 28 - 30, 2007

 

2008

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January 2008
  • Member, Program Committee - 2008 National Academy of Arbitrators Annual Meeting, Ottawa-Gaineau
  • Director, Arbitrator Development Program, Phases 2 & 3, with the Ontario Ministry of Labour
  • Presenter, Labour Arbitration and Dispute Resolution in Art, Literature and Opera, at the National Academy of Arbitrators Conference, Ottawa-Gatineau, May 2008
  • Chair, Panel on How to Deal with Ethical Dilemmas, at the National Academy of Arbitrators Conference, Ottawa-Gatineau, May 2008

 

2009

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January 2008
  • 2009 Speaker for the New Member Orientation, National Academy of Arbitrators Conference, Chicago, Illinois; May 20, 2009
  • Panellist, "The Next Generation of Arbitrators and Advocates - From Where Will They Come", National Academy of Arbitrators Conference, Chicago, May 23, 2009
  • Speaker, "What do Arbitrators Look for?" Canadian Labour Congress: Arbitration Skills Seminar, May 28, 2009
  • Presenter, "Human Rights and Accommodation," for the Office of the Ombudsman Ontario, September 24, 2009
  • Panellist, "The Business Side of Arbitration," National Academy of Arbitrators - Fall Education Conference, San Antonio, Texas; October 3, 2009
  • Panellist, "Squaring the Circle:  Finding a balance between benefit coverage and cost containment", Lancaster House Conference - Bargaining in the Broader Public Sector, December 16, 2009

 

2010

  • Coach of the Osgoode Hall Law School Mooting Team - Winners of the Mathews, Dinsdale and Clark Labour Arbitration Moot, January 2010
  • Panellist, "Self Represented Litigants," 2010 Ontario Bar Association Institute, February 16, 2010
  • Organizing Committee Member, Canadian Labour Arbitrators' Educational Conference, Scottsdale, Arizona, March 6-8, 2010
  • Co-Presenter, with William Kaplan; "The End of the One-Trick Pony: When is being an Arbitrator Not Enough?" A Workshop on Med-Arb for Nova Scotia Minister's List Arbitrators, Sponsored by the Nova Scotia Minister of Labour's Arbitration Advisory Committee, Halifax, Nova Scotia, September 20, 2010
  • Presenter,"The Arbitration Scene," Address to the Education, the Economy and Sustainable Bargaining Labour Relations Conference, October 1, 2010
  • Panellist, "Family-Related Responsibilities: Reconciling personal needs and operational demands," Lancaster House, Labour Aribtration Conference, December 9, 2010.

 

2011

  • Coach of the Osgoode Hall Law School Mooting Team - Mathews, Dinsdale and Clark Labour Arbitration Moot, Finalists, January, 2011
  • Guest Speaker, Interest Arbitration, "Strait Talk from an Arbitrator", Police Association of Ontario Conference, April 18, 2011
  • Panellist, National Academy of Arbitrators,Representation Rights and Issues in Arbitration, San Diego California, May 2011
  • Panellist on Interest Arbitration, Emergency Services Steering Committee of Ontario Conference, June 17, 2011
  • Presentation to a delegation from Viet Nam regarding Arbitration in Ontario, August 2, 2011
  • Panellist on Accommodation Issues, Canadian Conference of Counsel for Employers, Niagara Falls, Ontario, September 22, 2011
  • Panellist, Rogers School of Management - "The Good, the Bad and the Ugly; The Future of Interest Arbitration," Toronto, October 7, 2011

 

2012

  • Coach of the Osgoode Hall Law School Mooting Team, Mathews, Dinsdale and Clark Labour Arbitration Moot, January, 2012
  • Presentation on Interest Arbitration, Ontario Association of Fire Chiefs - "Ask the Arbitrator", Toronto, January 19, 2012
  • Workshop Leader on Accommodation Issues, Alberta School Board's Association, January 20, 2012
  • Panelist, What's Up Doc/ Medical Conundrums in Arbitration, National Academy of Arbitrators Conference, Minneapolis, Minnesota, June 8, 2012
  • Panelist, Interest Arbitration; Deliberations and Questions From the South African Delegation, presented to the South African Public Services Co-ordinating Bargaining Council, June 29, 2912, Toronto, Ontario

 

2013

  • Ottawa Law Review Symposium, February 7, 2013.“The Labour Law Trilogy”; Presentation “Back to the Future: The “Trilogy” in Light of Fraser - Can or Will the Canadian Charter of Rights and Freedoms Protect Collective Bargaining?”

 

2014

  • “The [Bare] Essential Elements of Labour Arbitration in Canada” for "A Comparative Analysis of Labour Arbitration in Western Industrialized Countries: Plus ca change, Plus c’est la meme chose.” American Bar Association: Alternate Dispute Resolution Mid-Winter Meeting, Fort Lauderdale, Florida, February 22, 2014

 

2015

  • Presentation to the Teacher and School Board Collective Bargaining Conference: How to Improve the Arbitration Experience. September 25, 2015
  • Co-Chair, Fall Education Conference, National Academy of Arbitrators, Denver Colorado.

 

2016

  • Co-Chair, Fall Education Conference, National Academy of Arbitrators, New Orleans, Mississippi

 

2017

  • Panelist, Re-thinking Arbitration, National Academy of Arbitrators Conference, Chicago, Illinois

 

2018

  • Director, Interest Arbitration Skills Development Program, Sponsored by the Ontario Ministry of Labour and the Ontario Labour Management Arbitrators’ Association
  • Faculty Bargaining Services Conference - Arbitrators’ Panel - November 2, 2018

 

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Volunteer, Community Activities & Interests

 

  • Intake Worker, Yonge Street Mission, Food Bank, 1998 - 1999
  • Member, Social Planning and Allocation Committee, United Jewish Federation, 1998 - 2001
  • Volunteer, Canadian Foundation for Children, Youth and the Law,  Peer Mediation Project, 1999 - 2000
  • Board of Directors, Chamber Concerts Canada, 1992 - 2000
  • Sandwich-maker, Waitress and Cleaner, "Feed the Hungry Program",
  • Law Society of Upper Canada, Fall 2000 - 2006
  • Patron, Canadian Opera Company and as much theatre as possible
  • Student of Ballroom and Swing Dance
  • Certified (but very cautious) Scuba Diving

 

 

Education

Publications

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