Employment Law Litigation

We know that most of our clients have many places they would prefer to spend their time other than a courtroom. We also know that litigation can be risky, expensive, and time-consuming. It can also be disruptive to your business. We will do our best to help our clients avoid disputes, or resolve them reasonably. However, we also recognize that litigation is sometimes is necessary.

While the vast majority of disputes are settled before trial or hearing, we will make sure that you are ready if going to trial or a hearing is necessary. In so doing, will also put you in the best position to achieve a good settlement. Every step is taken with a consideration of how it will impact our client’s’ position if we do end up in litigation. There is an old expression that the best way to achieve peace is to prepare for war. In the legal context, the best way to achieve a resolution is to prepare for trial.

Our Litigation Experience

Our team is committed to having our clients achieve the best result 
possible, whether that is through negotiation or litigation. We have experience representing clients in the civil courts, before Human Rights Tribunals, before employment standards tribunals, and at mediation. This includes bringing injunctions on the part of our clients
 where appropriate.

Stuart commenced his career in the litigation department of a national law firm, and carried on litigation in a variety of contexts, including employment law. In 2008, he appeared at the Supreme Court of Canada in the landmark employment law case of Keays v. Honda Canada Inc., which was described as “one of the most anticipated wrongful dismissal cases of the decade” by the National Post.

In the Honda case, Stuart was retained by the Human Resources Professionals Association in order to seek leave on their part to have status as an Intervener and, after successfully doing so, Stuart made written submissions and oral argument before the highest court in the land. Ultimately, the Supreme Court adopted most of his submissions.

When it comes to representing our clients, we are zealous advocates. At the same time, we will give you an honest opinion of the strengths and weaknesses of your position, and we will help you to balance the costs and benefits at each step of the way, so that we can pursue a strategy that effectively meets your goals.