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Author Archive - Barry B. Fisher LL.B.

Barry B. Fisher LL.B. is a mediator and arbitrator of both employment and labour relations matters . He offers three forms of ADR based on the clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes , he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

Mutual release set aside due to fraudulent misrepresentation

In Markicevic v York University (2018 ONCA 813), the Ontario Court of Appeal upheld the lower court’s decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars.

 

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Plaintiff wins $114,082 but pays costs to the defendant of $200,000

A plaintiff was awarded 12 months notice but because she had been on STD and LTD during this same period, her actual damages were only $14,082. She was also awarded Honda or moral damages of $100,000.

 

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OCA upholds ESA related termination clause

In Nemeth v Hatch (2018 ONCA 7), the Court was faced with the following termination clause:

 

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