Chris Foulon

Chris Foulon

Chris Foulon is a founding partner of ISRAEL FOULON LLP – EMPLOYMENT & LABOUR LAWYERS. He represents both employers and employees in a wide range of employment and labour matters including: wrongful dismissals, injunctions, Employment Standards Hearings, disputes before the Ministry of Labour, workplace safety matters, Occupational Health and Safety charges and matters before the Human Rights Tribunal. Chris also advises employers with respect to union organization drives and responding to applications for certification, related employer applications, unfair labour practice complaints, union grievances and negotiating collective agreements. Chris employs a proactive approach in dealing with employment and labour issues. He assists employers in instituting policies, practices and procedures which increase productivity and reduce workplace conflict.

Chris is a former instructor of the course “The Legal Environment for Human Resource Managers” at Seneca College. Chris has also been a guest instructor of the “Lawyer as Negotiator” course at Osgoode Hall Law School.  He is the former Editor of the Carswell publication, “Canadian Employment Law Today”.

Chris was selected by his peers for inclusion in the seventh, eighth and ninth editions of Best Lawyers in Canada (2013, 2014 and 2015) in the practice area of Labour and Employment Law.  Chris is a regular speaker at conferences held by the Law Society of Upper Canada, the Human Resources Professionals Association and Osgoode Professional Development.

 

ADMISSIONS & AFFILIATIONS

Called to the Bar of Ontario, 2001

Member, Law Society of Upper Canada

Member, Canadian Bar Association

Member, The Advocates Society

 

EDUCATION

Certificate of Completion, Intensive Trial Advocacy Workshop, Osgoode Hall Law School Professional Development, 2002

LL.B., Osgoode Hall Law School, Toronto, Ontario, 1999

B.A. (Hons.), Political Science and History (Gold Medalist, Political Science), Wilfrid Laurier University, Waterloo, Ontario, 1996

 

PAPERS AND PRESENTATIONS

Structuring Severance, Minimizing Payouts Through Contracts and Policies, Speaker, The Osgoode Certificate in HR Law for HR Professionals, 2015, 2014 and 2013.

Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) – “Clean Up in Aisle 3” – Punitive, Aggravated and Mental Distress Damages, Speaker, Human Resource Professional Association Quarterly Employment Law Update June 4, 2014.

Israel Foulon LLP Annual Employment Law Update Breakfast Seminar, Attendance Management Strategies-  Managing Employee Medical Leaves , Chair and Speaker, The Granite Club, Toronto, May 2014.

Minimizing Payouts Upon Termination of the Employment Relationship, Speaker, Human Resource Professional Association Quarterly Employment Law Update March 5, 2014.

FREEDOM OF EXPRESSION VS. BREACH OF PRIVACY – Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, Speaker, Human Resource Professional Association Quarterly Employment Law Update December 4, 2013

ACCOMMODATING FAMILY STATUS, Speaker, Human Resource Professional Association Quarterly Employment Law Update September 4, 2013

Israel Foulon LLP Annual Employment Law Update Breakfast Seminar, Employment Contracts and Minimum Statutory Rights, Chair and Speaker, The Granite Club, Toronto, May 2013.

“INTRUSION UPON SECLUSION” AND PRIVACY RIGHTS IN THE WORKPLACE, Human Resources Professional Association HR Law Conference, October 2012

Employment Law Practice Essentials 2012, Practical Strategies for Discovery and Mediation, Speaker, Law Society of Upper Canada, September 19, 2012

The Duty to Accommodate – Making the Toughest Calls, Claims for Workplace Psychological Injury and Workplace Violence/Harassment, Speaker, Osgoode Professional Development, June 12, 2012

Israel Foulon LLP Annual Employment Law Update Breakfast Seminar, Update to Bill 168, Workplace Violence and Harassment and Tips for an Effective Investigation, Chair and Speaker, The Granite Club, Toronto, May 2012

Managing Difficult Clients in Employment Law Cases, 12th Annual Employment Law Summit, Law Society of Upper Canada, October 27, 2011

The Annotated Employment Agreement, Law Society of Upper Canada, January 13, 2011 and May 26, 2011

Fee Structure Arrangements for Employment Lawyers, Chair, Law Society of Upper Canada, May 16, 2011

Israel Foulon LLP Annual Employment Law Update Breakfast Seminar, Managing Excessive Absenteeism, Chair and Speaker, The Granite Club, Toronto, May 12, 2011

Israel Foulon LLP Annual Employment Law Update Breakfast Seminar, Addressing Workplace Violence and Harassment: A Guide to Bill 168, Chair and Speaker, The Granite Club, Toronto, April 22, 2010

Tax Treatment of Damages from Dismissal and Related Heads of Damage, Chair and Speaker, Employment Law for the General Practitioner, Law Society of Upper Canada, November 22, 2009

Making Strategic Use of Summary Judgment Motions, 10th Annual Employment Law Summit, Toronto, October 29, 2009

Discovery and Mediation – Some Practical Strategies, New Lawyer Practice Series, Employment Law, Law Society of Upper Canada, September 22, 2009

Keays v. HondaHow Have the Courts Addressed the New Approach to “Wallace” and Punitive Damages? Six Minute Employment Lawyer, Law Society of Upper Canada, June 17, 2009

Managing Workplace Change: Lessons from Wronko v. Western Inventory Service Ltd., Osgoode Hall Law School Professional Development CLE, April 28, 2009

Implications of Issue Estoppel, Chair and Speaker, Employment Law for the General Practitioner Beyond the Basics, Law Society of Upper Canada, November 25, 2008

Managing Legal Risks in Employing Executives – Monitoring Executives’ Behaviour Inside and Outside the Workplace: Preventing Harassment Claims, The Canadian Institute, June 16, 2008

The Annotated Employment Law Injunction, Law Society of Upper Canada, October 17, 2007

Indispensable knowledge. HR’s First Defence, HRPAO’s Annual HR Law Conference, October 4, 2007

Human Rights in the Workplace – Increasing Employee Loyalty, Satisfaction, and Productivity in an Age of Labour Shortage – Infonex – December 12, 2006

 

SELECTED PUBLICATIONS

Author, Privacy, Workplace Policies, Lexis Practice Advisor Canada On-Line Service, 2015.

Co-Author, New Perspectives on Canadian Employment Law, Chapter 14 – EMPLOYEE PRIVACY: THE COMMON LAW PROTECTION OF PRIVACY IN ONTARIO, LexisNexis, 2015.

Co-Author, Family Status Accommodations – A Review of Legal Obligations for Employers and Employees in the Canadian Workplace, Queen’s University Industrial Relations Centre, 2013.

Author, Canadian HR Reporter – September 22, 2008 – Choosing between just cause, reasonable notice

Author, The Canadian Employer – June, 2008 – Notice obligations for employee resignation
Author, Canadian Employment Law Today – March 26, 2008 – Finding the disciplinary middle ground
Author, HR Professional – August/September 2007– Defining sexual harassment
Author, Canadian HR Reporter– April 23, 2007– Using employees as recruiters dangerous
Author, The Canadian Employment Law Today – March 28, 2007 – Headhunting is dangerous sport

Quoted In, Canadian HR Reporter – February 26, 2007– Agency didn’t control work

Quoted In, Canadian HR Reporter – February 26, 2007 – Temp agency not employer: arbitrator

Quoted In, Canadian HR Reporter – December 18, 2006 – Lesson from Honda case: Do your own due diligence

Author, Ontario Targets Workplace Smoking, The Accommodator, Summer 2006, Vol. 57, No.3

Quoted In, Canadian HR Reporter – June 19, 2006 – Dealing with disobedient employees

Author, Canadian HR Reporter – May 26, 2006 – Ontario targets workplace smoking

Quoted In, Canadian HR Reporter – January 16, 2006 – Privacy Ruling establishes “reasonable person test”

Contributing Author, How to Create a Sound Progressive Disciplinary Policy, The Accommodator, Fall 2005, Vol. 56, No.4

Author, Sign on the Dotted Line – Steps to Take at the Time of Hire to Ensure Parting Isn’t such Painful Sorrow, Report on Employment Law, Canadian HR Reporter, Carswell, October 10, 2005

Contributing Author, Can Employers Temporarily Lay-off Workers?, Canadian HR Reporter, Carswell, September 22, 2003

Author, Second-Hand Smoke Can Provide Justification for Quitting. Canadian Employment Law Today. Carswell, September 3, 2003

Co-Author, Getting Ready for Privacy Legislation, Canadian Employment Law Today. Carswell, September 3, 2003

Author, The Unpredictability of Court, Canadian Employment Law Today. Carswell, July 7, 2003

Author, Drug and Alcohol Testing in the Workplace. Canadian Employment Law Today, Carswell, June 25, 2003

Author, True Independent Contractors not Entitled to Reasonable Notice. Canadian Employment Law Today, Carswell, June 25, 2003

Co-Author, How to Implement an Employment Contract, Carswell, June 11, 2003

Author, Court Clarifies Basis for Wallace Awards, Canadian Employment Law Today. Carswell, May 28, 2003

Co-Author, The Pitfalls and Benefits of Providing Preferences. Canadian Employment Law Today. Carswell, May 28, 2003

Co-Author, How to Create a Sound Progressive Discipline Policy, Canadian Employment Law Today, Carswell, February 19, 2003

Author, Amending Contracts of Existing Staff-Kohler Canada Co. v. Porter, Canadian Employment Law Today, Carswell, February 19, 2003

Contributing Author, When who your Spouse is gets you Fired, Canadian HR Reporter, Carswell, January 27, 2003

Author, Courts Taking Wallace One Step Further-Reasonable Notice Extended for “Unfair Dealing” in Absence of Bad Faith Conduct, Canadian Employment Law Today, Carswell, January 22, 2003

Contributing Author, How far Does an Employer have to go to Accommodate Religious Beliefs, Canadian HR Reporter, Carswell, December 16, 2002

Contributing Author, Cut Down on Lawsuits Just by Being Nice, Canadian HR Reporter, Carswell, November 18, 2002

Author, Is a Sleep Disorder an Injury? Michelin North American (Canada) Inc. v. Ross, Canadian Employment Law Today, Carswell, November 13, 2002

Co-Author, Test Your Human Rights I.Q., Canadian Employment Law Today, Carswell, October 16, 2002.

Contributing Author, Stock Option Plans hit the Courts, Canadian HR Reporter, Carswell, October 21, 2002

Contributing Author, Safeguarding Directors from Liability, Canadian HR Reporter, Carswell, September 23, 2002

Author, Mental Suffering Damages – Prinzo v. Baycrest, Canadian Employment Law Today, Carswell, September 18, 2002

Contributing Author, Firing an Employee for Dishonesty?, Canadian HR Reporter, Carswell, August 12, 2002

Contributing Author, Employment Agreements – Getting it Right, Canadian HR Reporter, Carswell, June 17, 2002

 

SELECTED REPORTED DECISIONS

Universal Workers Union, Labourers’ International Union of North America, Local 183 v Eden Oak Homes Inc., 2014 CanLII 64775 (ON LRB)

Gauthier v. Dr. Bernstein Diet and Health Clinics, 2014 HRTO 1585 (CanLII)

Bernier v. Nygard International Partnership, 2013 ONCA 780 (CanLII), 2013 ONSC 5558 (CanLII)

Gregory v. Estee Lauder Cosmetics Limited, 2012 CanLII 16212 (ON LRB)

Yip-Young  v. L-3  Communications Electronic Systems Inc., 2011 CanLII 5739  ONSC), 2011 ONSC 4537 (CanLII)

Goodman v. J. Stollar Construction Limited, 2011 ONSC 3834 (CanLII)

Universal Workers Union (Labourers’ International Union of North America Local 183) v. Eden Oak Homes, 2009 CanLII 71708 (ON L.R.B.), 2009 CanLII 39228 (ON L.R.B.), 2009 CanLII 11655 (ON L.R.B.)

Hallett v. Ontario Health and Long-Term Care, 2009 HRTO 681 (CanLII)

Construction Workers Local 53 v. JMR Electric Ltd., 2009 CanLII 15062 (ON L.R.B.), 2009 CanLII 14028 (ON L.R.B.)

Kellett v. Mazda, 2008 CanLII 74291 (ON S.C.)

Rejdak v. Fight Network Inc. (2008), 2008 CarswellOnt 4521 (S.C.J.)

International Brotherhood of Electrical Workers Local Union 1687 v. Kvaerner Canada Inc.., 2007 Can LII 1270 (ON L.R.B.), 2006 Can LII 40404 (ON L.R.B.)

Alishah v. J.D. Collins Fire Protection Co., (2007), 2007 CarswellOnt 61 (S.C.J.), (2006), 2006 CarswellOnt 7285 (S.C.J.)

Shier v Rajnarinesingh (2006), 2006 CanLII 20301 (O.L.R.B.)

Korenberg v Global Wood Concepts Ltd. (2005), 2005 CanLII 46076 (S.C.J.)
Marnlen Management Ltd. v.Harkness (2005), 2005 CanLII 10352 (O.L.R.B.)

Ameri-Connect Freight Services Inv. v Greenly (2004), 2004 CanLII 16721 (S.C.J)

Central Ontario Regional Council of Carpenters, Drywall and Allied Workers United Brotherhood of Carpenters and Joiners of America v. Lifetime Homes, 2004 CanLII 41619 (ON L.R.B.)

Dolega-Kamienski Estate, [2003] O.E.S.A.D. No. 72, (O.L.R.B.)

Nakogee, Employment Insurance Appeal, (2003) CUB 59526, December 8, 2003

Itravel2000.com Inc. v. Contestix.com Corp. (2002), 22 C.P.C. (5th) 132 (S.C.J.)

George v. Imagineering Ltd. (2001), 14 C.C.E.L. (3d) 102 (Ont. S.C.J); (2003) 23 C.C.E.L. (3d) 33 (Ont. S.C.J.); (2003), 23 C.C.E.L. (3d) 31 (Ont. C.A.)

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