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Employment Law Mediator – David Harris

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  • Mediator Profile
    • Biography
    • Past Practice
    • Past Cases: Some Winners, Some Close
  • Mediation Issues
    • Mediation Preparation and Such
    • Mediation 101 for the Client
    • Sample Med Arb Agreement
    • The Mediator’s Role re Defect in Pleading
    • EI Clawback – Raise It or Not ?
    • Real World Book on Employment Dispute Mediation
    • Scholarly Review of Mediation & Arbitration
  • Negotiating the Deal
    • Tax Issues in Employment Law
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    • Bill C-47
    • Breach of Minutes of Settlement
    • When is a Deal not a Deal ?
    • Settlement Terms Call for Default “Penalty”
  • Privilege, Without Prejudice, Confidentiality Issues and Such
  • Human Rights Remedies
    • Costs in Alberta Human Rights Cases
    • Claims for Income Loss
    • Future Income Loss
    • Denial of Opportunity
    • Limiting the Income Loss Claim
    • The Employment Contract & Human Rights
    • Disputing the Employment Contract
    • Mitigation in Human Rights Cases
    • Reinstatement Remedy
    • Phantom Termination in Human Rights Remedy
  • Chart of Alberta Human Rights Damage Awards
  • The Employer’s Duty to Investigate
    • Summary of Damage Awards for Failure to Investigate – August 2025
    • Solicitor Client Retainer & The Investigation
    • Duty of Fairness in Investigations – Canadian Juniors Alleged Sexual Assault
    • Decisive Action by Employer Avoids HR Complaint
  • Suing for Workplace Sexual Harassment – or Human Rights ?
  • Ontario – Requirement of a Companion Action for Human Rights Relief in Civil Proceeding
  • RSU – A review of Wigdor v Facebook
  • Equity Derivative Plans & Wrongful Dismissal – Alberta

David Harris

Employment Law and Workplace Human Rights Mediator

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  • What’s New
    • Costs in Alberta Human Rights Cases
    • Ontario Court of Appeal Allows $1.5 Million in Punitive Damages in Disability Claim
    • Tort of Harassment
    • Non-Solicitation Cause Upheld
    • Just Cause in False Expenses of $250 – President of Operations
    • Reasonable Inference & Historically Disadvantaged
    • The Minefield of Aggravated Damages and Workers’ Compensation Plans
    • Tape Recording at Work – Alberta King’s Bench & BCSC
    • Employment Law Claims in Bankruptcy
    • Kickback Scheme – Mareva Injunction and Punitive Damages
    • Canadian Junior Hockey Fiasco
    • Federal Court of Appeal Raises Bar on JR and OK’s Full Costs
  • Covid-19 Related Issues
    • Mandatory Vaccine Policy
    • COVID-19 & Impact on Notice Period
    • CERB Benefits – BCCA & Alb CA
    • Refusal to Wear Mask
    • Doctrine of Frustration due to Vaccine Refusal
    • Employer Vaccine Leave Policy Fair
    • Vaccine Exemption Based on Creed
  • Big Brother Watching
  • Summary of Exceptional Damage Awards post Honda
  • Why Mediation Matters | Reduce Legal Costs in Workplace Disputes
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Why Mediation Matters | Reduce Legal Costs in Workplace Disputes

  • Post author:dqh
  • Post published:September 15, 2025

Why Mediation Is So Important — A Lesson from Barry v. Anantharajah I recently came across an excellent commentary by Sean Brown, Partner at Flaherty McCarthy LLP, discussing the Ontario…

Continue ReadingWhy Mediation Matters | Reduce Legal Costs in Workplace Disputes

Chart of Alberta Human Rights Damage Awards

  • Post author:dqh
  • Post published:August 20, 2025

Alberta Human Rights Damage Awards: Chart Format  

Continue ReadingChart of Alberta Human Rights Damage Awards

Costs in Alberta Human Rights Cases

  • Post author:dqh
  • Post published:August 19, 2025

The Act does allow the Tribunal the right to award costs, but such awards have been rare. The reasons for this are intended not to dissuade potential complainants from seeking…

Continue ReadingCosts in Alberta Human Rights Cases

Summary of Damage Awards for Failure to Investigate – August 2025

  • Post author:dqh
  • Post published:August 17, 2025

  Case Date Order Court of Appeal Details Aggravated Damages Punitive Damages Curtis v Bank of Nova Scotia OSC April 2024 Bank failed to investigate allegations made against plff in…

Continue ReadingSummary of Damage Awards for Failure to Investigate – August 2025

Tax Issues in Employment Law

  • Post author:dqh
  • Post published:August 15, 2025

TAX CONSIDERATIONS  IT Bulletin CRA has issued an interpretation bulletin in an attempt to define what payments related to employment issues may be taxable or non-taxable. The present bulletin became…

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Equity Derivative Plans & Wrongful Dismissal – Alberta

  • Post author:dqh
  • Post published:August 15, 2025

The cases in Alberta have taken an opposite view of the issue of equity derivative plans in an employment context. In brief summary, the Ontario cases have first examined the…

Continue ReadingEquity Derivative Plans & Wrongful Dismissal – Alberta

Ontario – RSU – A Review of Wigdor v Facebook – Not Applicable to Alberta

  • Post author:dqh
  • Post published:August 4, 2025

Reasons-Wigdor-v-Facebook-Canada-Ltd-et-al-July-8-2025  The recent Ontario decision of Wigdor v Facebook has raised the issue of the ESA protections for the statutory notice period for equity derivative plans. In this instance, it…

Continue ReadingOntario – RSU – A Review of Wigdor v Facebook – Not Applicable to Alberta

Solicitor Client Retainer & The Investigation

  • Post author:dqh
  • Post published:June 19, 2025

The recent decision of Mark Hart sitting as an arbitrator appointed under a collective agreement considered whether the investigator, hired by the employer in a solicitor client capacity, violated the…

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Duty of Fairness in Investigations – Canadian Juniors Alleged Sexual Assault

  • Post author:dqh
  • Post published:June 12, 2025

In R. v. McLeod 2024 ONSC 6906 - ADMISSIBILITY OF STATEMENTS TO HOCKEY CANADA The November 2024 decision of Justice Bruce Thomas dealing with statements made by the defendants to…

Continue ReadingDuty of Fairness in Investigations – Canadian Juniors Alleged Sexual Assault

EI Clawback – Raise It or Not ?

  • Post author:dqh
  • Post published:May 8, 2025

This is a follow up from my post dealing with the role of the mediator – should they keep quiet or speak up when dealing with an issue that has…

Continue ReadingEI Clawback – Raise It or Not ?
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