Practice Areas

We represent federally and provincially regulated employers and employees in all aspects of the employment relationship. 

We work with clients in a broad range of industries including retail, manufacturing, construction, transportation and warehousing, energy,  communication and technology, healthcare, financial services, professional services, education and non-profit. 

We offer competitive hourly rates and we have the flexibility to offer our clients predictable fee arrangements.

What we do

We act for both employers and employees in matters concerning the  employment relationship. We are regularly consulted by clients to provide advice on employment standards rights and compliance under the Ontario Employment Standards Act, 2000 and the Canada Labour Code with respect to hours of work, legislative leaves, vacation, public holidays, and overtime. We draft and interpret employment agreements, independent contractor agreements, employee handbooks and workplace policies and procedures.
 

We also provide advice and representation related to:

  • wrongful and constructive dismissal claims
  • unjust dismissal complaints
  • terminations, severance packages and mass terminations
  • layoff and recall
  • sale of business transactions and business closures
  • non-solicit, non-compete and confidentiality agreements
  • background checks
  • drug and alcohol testing
  • workplace accommodations
  • progressive discipline
  • performance improvement and attendance management programs
  • workplace violence, harassment, and investigations


We are skilled litigators and have appeared before administrative tribunals and various levels of court, including the Superior Court of Justice, the Ontario Court of Appeal and the Federal Court of Canada.

The tri-partite relationship created by the unionized workplace brings unique challenges. We represent clients in both the construction and non-construction sectors in matters related to:

  • the interpretation of collective agreements
  • collective bargaining
  • duty to bargain in good faith complaints
  • grievances filed and grievance arbitrations
  • discipline and discharge
  • union organizing drives and certification applications
  • unfair labour practice complaints
  • related employer applications
  • decertification applications


We have appeared before labour arbitrators the Ontario Labour Relations Board.

Occupational health and safety (OHS) legislation places significant obligations on owners, constructors, employers, supervisors and workers. Breaches of OHS obligations will often lead to government intervention and charges being laid against multiple workplace parties.

We have significant experience with all aspects of the OHS provisions in the Ontario Occupational Health and Safety Act and the Canada Labour Code, including:

  • providing advice and counsel in respect of the obligations imposed by OHS legislation
  • co-ordinating and guiding post-accident responses
  • reviewing and appealing Orders
  • requesting the suspensions of Orders pending appeal
  • addressing work refusals
  • providing advice on the obligation to address workplace violence, workplace harassment and psychological safety
  • reviewing Crown disclosure
  • litigating reprisal complaints
  • defending clients when charges are laid under OHS legislation


In addition, we help develop and implement workplace violence and harassment policies and programs and provide training to our clients on the appropriate application of those policies and programs in the workplace.

We have also attended at coroner’s inquests on behalf of clients.

We have appeared before the Ontario Labour Relations Board, the Ontario Court of Justice and the Ontario Superior Court of Justice in respect of OHS matters.

Human rights legislation establishes a framework of rights and obligations in the workplace so that individuals can work without harassment and discrimination and be free from reprisal.

We advise employers on compliance with applicable human rights legislation, accommodation requests and how to prevent or address discrimination and harassment in the workplace. We also act for employers who have received an application before the Human Rights Tribunal of Ontario or a complaint before Canadian Human Rights Commission. In addition, we help develop and implement human rights policies and procedures and provide training to our clients on the appropriate application of those policies and procedures in the workplace.
 
We represent employees who are experiencing or have experienced discrimination or harassment in the workplace, including filing human rights applications or complaints before the appropriate administrative body or raising discrimination or harassment claims as a part of a wrongful or constructive dismissal action.

We help employers and employees understand the legal duty to accommodate to the point of undue hardship, including managing requests for medical information. We also assist with matters arising under the Accessibility for Ontarians with Disabilities Act.

We have appeared before the Human Rights Tribunal of Ontario, the Canadian Human Rights Commission and the Canadian Human Rights Tribunal.

 

We provide advice to employers in respect of the obligations imposed by the Workplace Safety and Insurance Act and we advocate and litigate on behalf of employers at the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal. We are regularly asked for our advice in relation to return to work obligations, the circumstances under which benefits will be awarded or denied and how cost relief may be obtained.

We provide employers claims management support and advocacy in the following areas:

  • injury or illness reporting
  • occupational diseases
  • early and safe return to work
  • developing modified work programs
  • re-employment obligations
  • return to work specialist meetings
  • SIEF relief
  • NEL and FEL benefits
  • transfer of costs
  • compulsory and voluntary registration obligations
  • compliance audits
  • right to sue applications


We have litigated and appealed matters on behalf of employers before the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal.

We are often retained as neutral third party investigators to conduct independent workplace investigations. We investigate complaints of discrimination and harassment under the Ontario Human Rights Code, complaints of workplace violence and workplace harassment under the Ontario Occupational Health and Safety Act and violations of workplace policies including code of conduct breaches.

We are skilled and experienced in making findings of fact, preparing investigation reports and making recommendations to clients about the workplace conditions that have given rise to the workplace complaint. We handle investigations with sensitivity and try to ensure that the investigative process minimally disrupts the daily operation of the workplace. Our approach to workplace investigations recognizes the rights of all participants – complaints, respondents, and witnesses – to procedural fairness.

We are a member of the Association of Workplace Investigators.

We are regularly called upon to develop training materials, to carry out workplace training on behalf of our clients, and to “train the trainer” so our clients have the tools to independently conduct their own training.

We offer training related to the rights and obligations imposed by human rights, employment standards, occupational health and safety, workplace safety and insurance and accessibility legislation.

We also offer training on several topics not required by legislation, including:

  • the terms and conditions of workplace policies
  • effective performance management
  • imposing discipline
  • positive employee relations
  • addressing union certification drives
Madeleine Loewenberg is available to conduct employment mediations.
 
Madeleine has over twenty years of employment and labour law experience on behalf of both employers and employees. She has represented clients before administrative tribunals and various levels of court and therefore understands the complexities of litigation and the benefit of a mediated resolution for the parties. Having attended on behalf of clients at mediation she also understands the stress on the parties that litigation can create and acts to minimize that stress.
 
Madeleine has been regularly recognized in the Lexpert Directory and in Best Lawyers in Canada, has been an Acritas Star in respect of client service and was named a 5-Star Safety Lawyer by Occupational Health and Safety Magazine.
 
Please contact for rates and availability.