Our Firm
Loewenberg Psarris Workplace Law LLP is a boutique law firm in Toronto, Ontario providing legal advice on all aspects of the employment relationship.
Our priority is to provide clients with high quality, cost-effective and timely legal solutions. We bring a broad and balanced perspective on workplace issues, focusing on compliance, preventative best practices and negotiated resolutions. Where litigation is unavoidable, we vigorously represent the interests of our clients. Our boutique size allows us to focus on what matters most: the best results for our clients.
Our strength is in our service. We analyze risk and propose solutions. We make it a point to understand the business and operational needs of our clients so that we can provide proactive legal advice. We truly partner with our clients, understanding that legal obligations and practical results are not mutually exclusive. We work strategically with our clients to avoid the unexpected and to make the complex feel simple.
Our promise is to apply our combined expertise to deliver practical and cost effective legal solutions
OUR Expertise
All services
in one place
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Not all employment matters need to end in litigation.
Indeed, sometimes you only need is a simple discussion with legal counsel. At Loewenberg Psarris we deal with questions relating to employment relationships that include a host of issues such as how to interpret the rights and obligations set out in employment contacts; when changes to terms and conditions of employment are permissible and attendance management concerns.
Some disputes, however, do require litigation. Employers and employees do not always agree that termination entitlements are appropriate, that the employment contract has been complied with, that workplace conditions are acceptable, or that changes to the terms and conditions of employment are fair.
At Loewenberg Psarris, we have significant experience litigating wrongful dismissal and constructive dismissal claims – drafting pleadings, attending at mediation, conducting discoveries, attending at pre-trial and conducting trials. We have litigated before the Superior Court of Justice and the Ontario Court of Appeal and represent both provincially and federally regulated employers.
At Loewenberg Psarris clients ask us to interpret collective agreements, particularly in the unionized workplace. The issues we deal with are hugely varied and include how to interpret the rights and obligations set out in a collective agreement, how to resist a union’s attempt to unionize the workplace, and whether an unfair labour practice has been committed.
Elsewhere, we look at whether discipline or termination is required and the legal consequences of workplace violence and harassment and how this should be addressed.
We are regularly retained to defend grievances and we have acted in respect of expedited arbitrations and arbitrations. We have also been asked to defend employers against related employer/sale of business applications, unfair labour practice complaints in the course of a union organizing drive and have resisted applications for interim relief during the course of these proceedings.
We have litigated unionized disputes before a significant number of labour arbitrators and the Ontario Labour Relations Board.
At Loewenberg Psarris, we are well-versed in the practices and procedures of the Workplace Safety and Insurance Board (Board) and the Workplace Safety and Insurance Appeals Tribunal (Tribunal). We have attended return-to-work specialist meetings with clients and litigated before the Board and the Tribunal when disputes are not resolved to our clients’ satisfaction.
When a litigant starts a lawsuit, rather than pursue benefits through the Board, we can launch and pursue Right to Sue proceedings on behalf of our clients.
The Workplace Safety and Insurance Act (WSIA) is a statutory insurance plan that indemnifies eligible workers who suffer workplace injuries or who suffer from occupational illnesses.
The WSIA also provides compensation to the families of deceased workers. The WSIA generally prevents workers and their families from suing their employers if the worker becomes injured, develops an occupational illness, or dies as a result of a workplace injury.
We have provided advice in respect of the obligations imposed by the WSIA, including the obligation to return workers to employment after injury or illness, the circumstances under which a work transition plan will be created, the rights and obligations associated with work reintegration and how changing employment conditions may affect a worker receiving benefits.
A workplace injury or fatality gives rise to distinct obligations and will often lead to charges laid against multiple workplace parties.
We have significant experience with all aspects of the Occupational Health and Safety Act (OHSA), including providing advice and counsel in respect of the obligations imposed by the Act.
This also includes:
- Attending the workplace post-incident or accident to provide adviceand guidance.
- Providing advice to minimize liabilities after an incident or accident.
- Reviewing and appealing orders.
- Requesting the suspensions of orders pending appeal.
- Reviewing Crown disclosure.
- Attending at pre-trial conferences and attending trial.
We have appeared before the Ontario Labour Relations Board, the Ontario Court of Justice and the Ontario Superior Court of Justice regarding OHSA matters.
The OHSA and its regulations set out the general and specific protections offered to workers (including contractors and their employees).
These include the obligation to take ‘every precaution reasonable in the circumstances for the protection of a worker’.
Failing to comply with the OHSA can have serious consequences for workers, supervisors, employers, constructors, owners, licensees, architects, engineers, and officers and directors.
We recommend workplace investigation in a number of instances including where there are allegations of workplace bullying, violence or harassment. It also involves a suspicion of workplace conduct that may lead to discipline or termination or when there has been a health and safety incident.
The investigation process requires patience and understanding.
We have conducted workplace investigations and have interviewed witnesses, gathered and catalogued evidence, and prepared investigation reports.
During investigations often difficult questions are asked of employees and managers. Evidence is gathered to maintain solicitor-client privilege and to protect against requests for disclosure of the investigator’s work. We always ensure that interviews are conducted respectfully with an eye to determine the facts.
Not all employers want to hire outside counsel to conduct their workplace investigations. In these cases, we help train and coach ‘internal’ investigators, guiding them through the investigation process and providing advice and counsel in connection with the preparation of investigation reports.
Workplace training is recommended in several areas – whether or not required by legislation – including respect in the workplace, how to impose appropriate discipline and carry out terminations, employee relations, human rights, and issues related to disability and accommodation.
We develop training materials and carry out workplace training on behalf of our clients, along with providing materials for use in the workplace after the training session.
Much employment legislation requires workplace training, notably the Accessibility for Ontarians with Disabilities Act, 2005, the Ontario Human Rights Code, and the Occupational Health and Safety Act.
