Law Times

Law Times • May 27, 2013 Page 13 BRIEF: LABOUR & EMPLOYMENT BOUTIQUES 'More money' among reasons for move from bigger firms plaintiff advised in writing on a Friday that due to "stress," she'd be unable to appear at a scheduled hearing the following Monday. The employer is still waiting for a new date. "This is an employer who has devoted its time and energy and have ensured their employees' availability to appear as witnesses and they've rescheduled their week's work for the hearing," he says. Together, the changes are gradually opening up a new area of law for boutiques, says Ball. Continued from page 12 restrict disability payouts, employees are finding they need to return to work for financial reasons. Some are then claiming employers are discriminating against them by failing to accommodate their disabilities. Rubin Thomlinson acts on behalf of employers and senior executive employees. It also provides workplace investigation training for firms that may, for example, be facing a complaint of sexual harassment. Rubin believes practical experience in running a business puts boutique firm partners in a strong position when it comes to understanding the employment law challenges faced by clients. "The fact that we're business owners adds a level of depth to the advice we give businesses," she says. "We have a great sensitivity to the need to establish fees for projects and deliver a project at a certain level. We really get that." She co-founded Rubin Thomlinson with fellow partner Christine Thomlinson when the pair decided to trade in their previous jobs to start up their own firm 10 years ago. In the following decade, another change Rubin says has affected her practice has been the removal of the Ontario Human Rights Commission's gatekeeping role in deciding whether to refer complaints to the Human Rights Tribunal of Ontario. "Before the commission was reformed in 2008, many cases didn't proceed," says Rubin, noting the change has led to an increase in files involving employer clients trying to get complaints dismissed at an early stage. Stacey Ball, a lawyer at Ball Professional Corp., agrees the reform has led to an increase in the number of such files going through to the adjudication stage. "Boutiques have to Barry Kuretzky's firm is seeing a growing number of claimants suffering from mental-health issues. become much more conversant in human rights law than they have been," he suggests. The area has become even more crucial given amendments to the Human Rights Code in 2008 that allow for quicker, more comprehensive civil remedies in human rights cases, including retroactive back pay, damages, and reinstatement. The civil court can also consider a breach of the Human Rights Code together with a wrongful dismissal case. Kuretzky, who's also seeing an increase in human rights files, highlights the advantages to defendants in being able to argue cases in the civil court as opposed to a tribunal. "The checks and balances that are so necessary in the civil process don't exist to any significant degree in the human rights [tribunal] field." For example, taking a case through the civil courts involves discovery and documentary processes. In addition, the court can order frivolous plaintiffs to pay costs, he says. By contrast, at a recent tribunal case in which he was representing an employer, the "You can have greater access to justice. For defence lawyers, there are more issues to defend in a civil action," he adds. He hasn't had any of these cases end up in court yet but he says boutiques are in an ideal position to exploit the move as "the niche becomes more developed." "There are outstanding [labour and employment] lawyers in major firms, but most of the textbooks are written by boutique lawyers. It's a very specialist part of the law," he says. Ball launched his Toronto firm 14 years ago after working at large firms in Western Canada. He owns the Yorkville building the firm operates from and rents it out to other lawyer tenants who consult with each other. "It's essentially a barristers' chambers," he says. He doesn't flinch in saying one reason for the switch from a bigger firm was "more money." Other benefits include being able to take on cases on their merits and not having to deal with office politics or face mandatory retirement, he adds. LT Let us open the right door for you We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law firm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 Kuretzky_LT_July11_11.indd 1 7/5/11 3:32:01 PM Here's the thing, it only moves if you push the button. When we're thinking about our clients, chances are we're not thinking about anything else. Whether we're in the office, or out of it, we are driven by a passion and genuine concern for you. This singled-minded focus has made us experts in Employment Law and Workplace Investigation. Visit us online so we can start thinking about you too. rubinthomlinson.com Untitled-1 1 www.lawtimesnews.com 13-05-21 8:40 AM

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