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Matthew L.O. Certosimo

Borden Ladner Gervais LLPPhone(416) 367-6068
Fax(416) 361-7346

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Background

  • Partner and Toronto Regional Practice Group Leader of the Labour and Employment Group at Borden Ladner Gervais
  • Co-author, Just Cause: The Law of Summary Dismissal in Canada
  • Editor-in-Chief, Executive Employment
  • Author, Ontario Employment and Labour Law & Commentary
  • Author, Federal Employment and Labour Law & Commentary
  • Adjunct Professor (Employment Law), University of Toronto

Areas of Practice

  • Litigation, specializing in labour relations and employment law.

Professional Experience

  • Acts on behalf of employers and employees in employment-related litigation, including wrongful dismissals.
  • Acts on behalf of employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.
  • Acts on behalf of employers, supervisors and constructors in proceedings under the Occupational Health and Safety Act, including in defence of quasi-criminal charges further to workplace accidents and injuries.
  • Advises private and public sector employers in full range of labour relations and employment law matters, including: dismissals and discipline; employment contracts and policies; human rights issues, i.e. discrimination and harassment; workers' compensation, employment standards and occupational health and safety matters.

Professional and Community Activities

  • Member of the Canadian Bar Association (Ontario)
  • Called to Ontario Bar, 1995

Publications

  • Co-author of legal text, Just Cause: The Law of Summary Dismissal in Canada, published by Canada Law Book (1998), updated annually.
  • Editor-in-Chief, Executive Employment, Quarterly Journal, (Federated Press).
  • Author, Ontario Employment and Labour Law & Commentary, (LexisNexis).
  • Author, Federal Employment and Labour Law & Commentary, (LexisNexis).
  • Author, Dismissals in the Unionized Workplace, 2nd edition, (Carswell, 2004).
  • Author, The Regulation of Picketing, An Employer's Primer to Labour Injunctions, 2nd edition, (Carswell, 2004).
  • Co-author, Understanding Ontario's Employment Standards Act, 2000, (Carswell, 2002).
  • Co-author, Recent Developments in Union Certification and Decertification, (Carswell, 2001).
  • Author, When Can the Unionized Employee Sue? (Carswell, 1999).
  • Contributing author, Best Practices – Terminations, (Carswell, 1999).
  • Author of monthly column, The Workplace Lawyer in Workplace News (1999 –2004).

Conferences

  • Frequent speaker at conferences on employment and labour law topics, such as: “Buying and Selling a Business” – The Law Society of Upper Canada, February 28, 2007; “Compliance Issues Related to Human Resources Management” – Infonex Conference, September 26, 2006; “Recent Developments in Just Cause” - Canadian Bar Association, New Brunswick Branch, Midwinter Meeting, February 10, 2006; “Current Trends in Arbitration” - Human Resources Professionals Association of Ontario Conference, February 2-4, 2005; “Employment/Labour Law Update” - Ontario Bar Association of Ontario, Operation Update, October 1, 2004.
  • Co-chair, “Six-Minute Employment Lawyer,” annual Law Society of Upper Canada CLE program, from 1998 to 2008.
  • Co-chair, “Six-Minute Labour Lawyer,” annual Law Society of Upper Canada CLE program, from 2003 to 2008 .
  • Co-chair, Strategy Institute conferences on “Employment Standards Act, 2000,” April 2001, and “Wrongful Dismissal, Wrongful Discharge,” May 2001.
  • Co-chair, Lancaster House, conference on “Human Rights and Accommodation,” March 4, 2005.
  • Co-moderator, Lancaster House Audio Conferences, such as “Email and Internet Use and Abuse” (2005); “Chronic Physical Disorders” (2005); “Pensions and Retiree Benefits, Exploring Hot Button Issues” (2006); “Health Benefits: Achieving Cost Containment, Improving Coverage” (2006); “Returning Employees to Work: Finding Solutions to Difficult Issues” (2006); “Safety Concerns in the Workplace” (2006); “Psychological Harassment” (2006); “Surveillance Monitoring” (2006); “Alcoholism and Drug Addiction” (2006); “Current Issues in Accommodation: An Advanced Session” (2007); “Accommodating Religious Practices in the Workplace” (2007); “Winning Cases at Grievance Arbitration” (2007); “Key Developments in Employment Law, Update 2007” (2007); “Benefits for Disabled Workers: Navigating the Maze” (2007); “Labour versus Employment Law: Examining the Different Rules of Discharge and Discipline” (2007); “Filling Vacancies: The Do's and Don'ts” (2008); Criminal Conduct and its Impact on Employment: Exploring the Consequences (2008); The New Human Rights System Comes to Ontario: What You Need to Know in Preparation for June 30, 2008 (2008).

Boards/Public Service

  • Member, Board of Governors, Wilfrid Laurier University.
  • Member, Justices of the Peace Appointments Advisory Committee, Ministry of the Attorney General (Ontario)
  • Past director of various non-profit organizations in the education and health care sectors.
  • Past member of various governmental committees, task forces and appeal boards, at the municipal, provincial and federal level.
  • Teaching

  • Adjunct Professor, Employment and Labour Law, Woodsworth College, University of Toronto, current.
  • Adjunct Professor, University of Western Ontario Law School, 2003 .

Links for practice areas to which Matthew L.O. Certosimo belongs




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