Employment Law Conference 2025: Combo

Product Type: Course

Session 1

Format

Courses - Rebroadcast

Start Date & Time

2025-12-16

End Date & Time

2025-12-17

Online Provider

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Stay updated, network with colleagues, and get CPD credits all at once

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Last Kick at the Can Series 2025
Tuesday and Wednesday, December 2 and 3, 2025
Tuesday and Wednesday, December 16 and 17, 2025

(Original course date: May 1 and 2, 2025)

Can't make the webinar or rebroadcasts?
Want online CPD available 24/7?
Subscribe to Courses On Demand, our comprehensive online resource with 4,000+ videos and 6,300+ papers from CLEBC courses. This course will be added to Courses on Demand approximately 30 days from the original course date.

Who should attend: Employment lawyers, in-house counsel, and human resources professionals

Learning level: All levels

With an agenda curated from your submissions, leading practitioners and your colleagues will explore emerging issues in employment law and update you on the core topics. Employment relationships are evolving at a rapid pace and so is the law as a result of technology, globalization, and increasing diversity in the workplace.

This conference is your annual must-attend event where you can network with your colleagues while completing all of your Law Society continuing professional development requirements for the year.

Join us on Day 1, Day 2, or both days for a discussion of these important issues.

Conference attendees (both attending in person or online) are invited to join faculty at the conclusion of Day 1 of the conference (Pan Pacific Hotel). A special thank you to Cooperwilliams Truman & Ito LLP for hosting this reception.

Law Society of BC CPD Hours: 12.5 hours (this course will contain a minimum of 2 hours pertaining to professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

*Last Kick at the Can 2025*
Rebroadcast	$1,149
Rebroadcast Articled Student	$569

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members. (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

Unable to attend a course without financial assistance from CLEBC?
Click here for bursary information.

Want to register for a course now, but prefer a monthly payment plan?
Check out our Easy Pay Plan.

Registration includes an electronic copy of the reference materials.

CLEBC Program Lawyer*
Genevieve Chang
gchang@cle.bc.ca
*non-practising

Course Chairs
Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

About the Course Chairs
Valerie Dixon is a lawyer in the City of Vancouver's Law Department and practices exclusively in the areas of labour, employment, and human rights. Prior to joining the City, Valerie spent 14 years in private practice, first at Clark Wilson LLP and later at Miller Thomson LLP.

Valerie has acted for a variety of employers, unionized and non-unionized, from small businesses to international corporations, health authorities, and municipalities. In addition to appearances before all levels of court in BC, Valerie has acted as counsel in the Supreme Court of Canada, and represented clients before various administrative tribunals.

James Kondopulos is a founding member and partner (practising through a law corporation) at the employment and labour law boutique of Roper Greyell LLP. He is frequently recommended as a strong advocate and has represented employers and senior employees before all levels of court and a wide range of workplace-related administrative tribunals in BC.

James was named one of Canada's leading lawyers under 40 by L'expert. He is ranked as a leading employment lawyer in the Canadian Legal L'expert Directory. He has been recognized repeatedly as a leader in the area of employment and labour law and is listed in Chambers Canada, Best Lawyers International, and Who's Who Legal, Labour, Employment and Benefits.

James spends most of his time outside work with his wife and their three beautiful children. He is a director of the Chartered Professionals in Human Resources of BC & Yukon and is a past director and vice-chair of the children's charity, Make-A-Wish BC & Yukon.

Planning Committee
Anita Atwal (she/her) — Anita Atwal Law Corporation, Surrey
Matthew Cooperwilliams (he/him) — Cooperwilliams, Truman & Ito LLP, Vancouver
Colin J. Edstrom (he/him) — Harris & Company LLP, Kelowna
Amy Frankel (she/her) — Forte Workplace Law, Surrey
Richard B. Johnson (he/him)— Ascent Employment Law Corporation, Vancouver
Jennifer Kwok (she/her) — Overholt Law LLP, Vancouver
Lia Moody (she/her) — HHBG Lawyers, Vancouver
Donovan G. Plomp (he/him) — McCarthy Tetrault LLP, Vancouver
Supriya Routh (he/him) — Associate Dean, Equity Diversity and Inclusion, Peter A. Allard School of Law, UBC, Vancouver
Leanne M. Walsh (she/her) — West Coast Workplace Law, Richmond

Faculty
Anita Atwal (she/her) — Anita Atwal Law Corporation, Surrey
Maggie Campbell (she/her) — Roper Greyell LLP, Vancouver
Sebastian Chern (he/him) — Ascent Employment Law Corporation, Vancouver
Navpreet Chhina (she/her) — Inlet Employment Law, Port Moody
Kelley Cho (she/her) — Watson Goepel LLP, Vancouver
Brooke Finkelstein (she/her) — West Coast Workplace Law, Richmond
Micah Goldberg (he/him) — Watson Goepel LLP, Vancouver
Johanna Goosen (she/her) — Acting Director of Litigation, WorkSafeBC, Richmond
Sarah Hentschel (she/her) — Watson Goepel LLP, Vancouver
Kirsten Hume Scrimshaw (she/her) — Ally Workplace Law, North Vancouver
Eric Ito (he/him) — Cooperwilliams Truman & Ito LLP, Vancouver
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Ian Jung (he/him) — Ascent Employment Law Corporation, Vancouver
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver
Paula Krawus (she/her) — PortaLaw, Vancouver
Fiona McFarlane (she/her) — Kane Shannon & Weiler LLP, Surrey
Victoria Merritt (she/her) — Dentons Canada LLP, Vancouver
Oscar Miklos (he/him) — Refresh Law, Burnaby
Nazeer T. Mitha, KC (he/him) — Mitha Law Corporation, Vancouver
Nazanin Panah (she/her) — Roper Greyell LLP, Vancouver
Dallan Poulin (he/him) — Roper Greyell LLP, Victoria
Kristen Shaw (she/they) — McMillan LLP, Vancouver
Spencer Sloane (he/him) — Samfiru Tumarkin LLP, Vancouver
Glen Stratton (he/him) — Ascent Employment Law Corporation, Vancouver
Sean Tevlin (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Brittany Therrien (she/her) — Roper Greyell LLP, Vancouver
Michael Thompson (he/him) — Decision Maker/Team Leader, Employment Standards Branch, Richmond
Veronica Ukrainetz (she/her) — Ascent Employment Law Corporation, Kelowna
Salim Visram (he/him) — Dentons Canada LLP, Vancouver
Leanne M. Walsh (she/her) — West Coast Workplace Law, Richmond
Mary Walsh (she/her) — Executive Director, Employment Standards Branch, Richmond
Claire Wanhella (she/her) — McMillan LLP, Vancouver
Cameron R. Wardell (he/him) — Mathews, Dinsdale & Clark LLP, Vancouver
Fred Wynne (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver

Course Materials Contributors
Rachel Akinyemi (she/her) — Dentons Canada LLP, Vancouver
Liam Edmondstone — Articled Student, Dentons Canada LLP, Vancouver
Amanda Finelli (she/her) — Mathews, Dinsdale & Clark LLP, Toronto
Lydia Huang (she/her) — Cooperwilliams Truman & Ito LLP, Vancouver
James Hsu (he/him) — PortaLaw, Vancouver
Roza Milani (she/her) — Mathews, Dinsdale & Clark LLP, Vancouver
Shari Munk-Manel (she/her) — McMillan LLP, Montreal
Ioana Pantis (she/her) — McMillan LLP, Toronto
Danielle Perris (she/her) — McMillan LLP, Calgary
Ryan Sissons (he/him) — Articled Student, Tevlin Gleadle Curtis Employment Law Strategies, Vancouver

Click here for Day 1 bios

Click here for Day 2 bios

Day 1: Thursday, May 1, 2025

Course Introduction and Land Acknowledgement (9:00 – 9:15)

Genevieve Chang (she/her) — Program Lawyer, CLEBC, Vancouver

Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

One Size Does Not Fit All: A Comparative Analysis of the Interpretation and Treatment of Termination Provisions Across Canadian Jurisdictions (9:15 – 10:10)

a cross-jurisdictional comparative analysis of the different provincial requirements to create a valid and enforceable termination provision
overview of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 decision and any recent treatment
a comparative analysis on the interpretation and treatment of termination provisions limiting notice across Canada
best practices for drafting enforceable termination provisions across Canada

Kristen Shaw (she/they) — McMillan LLP, Vancouver
Claire Wanhella (she/her) — McMillan LLP, Vancouver

Employment Standards Branch Update (10:10 – 11:00)

legislative updates
program updates
ESB's new ADR (Alternative Dispute Resolution) process
case law of note

Mary Walsh (she/her) — Executive Director, Employment Standards Branch, Richmond
Michael Thompson (he/him) — Decision Maker/Team Leader, Employment Standards Branch, Richmond

BREAK (11:00 – 11:15)

Refining the Line: An Update on Sexual Misconduct in the Workplace (11:15 – 12:10)

overview of socio-legal considerations/frameworks
review of recent case law on sexual misconduct in the workplace, including
- just cause
- constructive dismissal
- injury claims
- remedies/venues
practical tips for both employee and employer side-counsel

Navpreet Chhina (she/her) — Inlet Employment Law, Port Moody
Nazanin Panah (she/her) — Roper Greyell LLP, Vancouver

NETWORKING LUNCH (provided to in-person registrants) (12:10 – 1:10)

When Utilizing the "Capital Punishment" of Employment Law Goes Horribly Wrong: Improper Use of Just Cause Can Lead to Contract Enforceability Issues and Bad Faith Damages (1:10 – 2:00)

current state of the law post-Waksdale
review of recent case law on just cause and bad faith/aggravated damages including:
- misrepresentation
- attacks on social/business reputation and defamation
- unfair litigation strategy or use/abuse of superior resources
consequences of improper use or overly broad definitions of just cause in employment agreements
review of the law on bad faith in relation to insincere just cause positions, and bad faith damages more generally

Ian Jung (he/him) — Ascent Employment Law Corporation, Vancouver
Glen Stratton (he/him) — Ascent Employment Law Corporation, Vancouver
Veronica Ukrainetz (she/her) — Ascent Employment Law Corporation, Kelowna

When Your Residential Tenant is Also Your Employee (2:00 – 2:35)

review of basic residential tenancy law for employment lawyers
review of legal protections for residential caretakers and caretakers who do not live onsite
overlap between residential tenancy and employment law:
- common employer: owners, landlords, and property managers
- terminating residential caretakers and evicting them
- terminating caretakers who don't live onsite
case law highlights

Paula Krawus (she/her) — PortaLaw, Vancouver
Oscar Miklos (he/him) — Refresh Law, Burnaby

BREAK (2:35 – 2:50)

The Privileges of Employment Law (2:50 – 3:40)

categories of privilege in employment law cases, including:
- solicitor-client privilege
- litigation privilege (solicitor's brief privilege)
- settlement/negotiation privilege
waivers of privilege (voluntary, implied, inadvertent)
examples of privilege facing the practicing employment lawyer, including:
- PIPA and FIPPA requests
- in the union setting
- in investigations process
- in pleadings in overlapping actions
tips for the ethical and practical application of privilege in the employment law context

Sarah Hentschel (she/her) — Watson Goepel LLP, Vancouver
Kelley Cho (she/her) — Watson Goepel LLP, Vancouver

Privacy Potpourri for the Employment Lawyer (3:40 – 4:30)

privacy issues that arise in the workplace, and provide guidance on best practices to address each, whether advising employers or employees, including:
- why employers should have a policy addressing AI, what should be in it, and whether using ChatGPT to help draft it is (or should be) offside that policy
- balancing privacy obligations to safeguard personal information with disclosure obligations in legal proceedings or under an access for information request
- the risks and realities of surreptitious recordings in the workplace, practical takeaways from Shalagin v. Mercer Calgary Limited Partnership, 2023 BCCA 373
- what a "reasonable expectation of privacy" looks like in the workplace, unpacking the SCC's decision in York Region District School Board v. Elementary Teachers' Federation of Ontario, 2024 SCC 22
- best practices for collecting personal information for inclusion, diversity and equity initiatives or requirements, including pay transparency reporting

Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Victoria Merritt (she/her) — Dentons Canada LLP, Vancouver

Reception (Pan Pacific Hotel) (4:30 – 6:30), hosted by:

Day 2: Friday, May 2, 2025

Welcome (9:00 – 9:10)

Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

Developments in Jurisdiction: Disparate Employment Claims and the Common Law (9:10 – 10:00)

developments in the law with respect to unions and wrongful dismissal claims
- the "Weber" analysis
- the "Viking" test in the context of "vague" collective agreements
developments in the law regarding personal injury claims and WCAT
- the distinction between injury claims and punitive damages claims
- a judge's discretion, and s. 311 Applications under the Workers' Compensation Act
jurisdiction and territorial competence:
- striking claims based on jurisdictional competence may mirror territorial competence: the evidentiary threshold is "not high"
- the effect of these developments on pre-trial applications

Micah Goldberg (he/him) — Watson Goepel LLP, Vancouver
Sean Tevlin (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver

Navigating Workplace Investigations (10:00 – 11:00)

strategic considerations for counsel and investigators in bullying and harassment complaints
- threshold issues, including alternatives, procedures and non-standard complaints
- during the investigation: new allegations, difficult witnesses, and role of counsel
- post-investigation: reports, restoration of workplace, and evidence issues

Maggie Campbell (she/her) — Roper Greyell LLP, Vancouver
Brooke Finkelstein (she/her) — West Coast Workplace Law, Richmond
Kirsten Hume Scrimshaw (she/her) — Ally Workplace Law, North Vancouver
Leanne M. Walsh (she/her) — West Coast Workplace Law, Richmond

BREAK (11:00 – 11:15)

WCAT Certification to Court Process and Mental Disorder Claims (11:15 – 12:10)

when do Certification to Court Applications arise?
why is there a limitation on personal injury claims against employers?
when do you need to make a Certification to Court Application?
what is the effect of the Certification to Court Application?
WorkSafeBC's interest in the Certification to Court process
WCAT's framework for making determinations in a Certification to Court
review of recent cases where Certification to Court was sought
future of Certifications to Court and relation to mental disorder claims
speaking of mental disorder claims…a discussion of Pickering

Johanna Goosen (she/her) — Acting Director of Litigation, WorkSafeBC, Richmond
Dallan Poulin (he/him) — Roper Greyell LLP, Victoria
Brittany Therrien (she/her) — Roper Greyell LLP, Vancouver

LUNCH (12:10 – 1:45) with Featured Speakers: Navigating the Practice of Employment Law: Insights, Experiences, and Best Practices (at 12:40)

Anita Atwal (she/her) — Anita Atwal Law Corporation, Surrey
Valerie Dixon (she/her) — City of Vancouver, Vancouver
Nazeer T. Mitha, KC (he/him) — Mitha Law Corporation, Vancouver

Restrictive Covenants in Employment Contracts (1:45 – 2:35)

update on how restrictive covenants in BC employment contracts have been addressed, especially given recent amendments to Ontario's Employment Standards Act
when are restrictive covenants valid (what geographical/temporal scope has been found to be reasonable and why)
how damages are assessed for breach of a non-competition or non-solicitation covenant

Salim Visram (he/him) — Dentons Canada LLP, Vancouver
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver

BREAK (2:35 – 2:50)

Liability for Providing Negative Reference (2:50 – 3:20)

liability for defamation arising from negative job references
requirements to establish qualified privilege
limits on qualified privilege when a reference is not listed by the candidate
impact of informal references on defamation liability
defining malice in the context of negative job references
employer obligations when responding to reference requests

Fred Wynne (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Spencer Sloane (he/him) — Samfiru Tumarkin LLP, Vancouver

Case Law Update (3:20 – 4:20)

key cases
analysis and trends
effects on practice

Sebastian Chern (he/him) — Ascent Employment Law Corporation, Vancouver
Eric Ito (he/him) — Cooperwilliams Truman & Ito LLP, Vancouver
Fiona McFarlane (she/her) — Kane Shannon & Weiler LLP, Surrey
Cameron R. Wardell (he/him) — Mathews, Dinsdale & Clark LLP, Vancouver

Closing Comments (4:20 – 4:30)

Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

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