Employment Law Conference 2023: Day 1

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 Lexpert. He is ranked as a leading employment lawyer in the Canadian Legal Lexpert 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, Canada and also 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.

Featured Luncheon Speaker
Ellis Ross — MLA for Skeena and Official Opposition Shadow Minister for Energy and LNG, Terrace (Day 1)

Ellis Ross is the BC MLA for Skeena. In 2006, Ross negotiated and signed a $40 Billion liquified natural gas project in Kitimat, the largest single natural resource investment in BC history.

Ellis Ross became a full-time councillor for the Haisla Nation in 2003 before being elected chief councillor in 2011, and again in 2013. Prior to running for band council, Ross spent a lifetime in local industry and community organizing, coaching zone championship winning youth basketball teams and involving himself in programs to keep indigenous kids safe from drug abuse and organized crime.

In 2012, Ross was appointed the inaugural chair of the Aboriginal Business Investment Council and has been recognized as a business leader in both BC Business magazine and the Canadian Business magazine. In recognition of his community service, Ellis was awarded the Queen Elizabeth II Diamond Jubilee medal in 2013 and the Order of BC in 2014.

Ellis Ross lives in his hometown of Kitimat, BC, where he lives with his wife Tracey. He is a proud father of two daughters and a proud grandfather.

Planning Committee
William (Bill) C. Boyte (he/him) — General Counsel and University Secretary, Vancouver Island University, Nanaimo
Matthew Cooperwilliams (he/him) — Cooperwilliams Truman LLP, Vancouver
Blair W. Curtis (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Sara Forte (she/her) — Forte Workplace Law, Surrey
Preston Parsons (he/him) — Overholt Law LLP, Vancouver
Supriya Routh (he/him) — Associate Professor, Peter A. Allard School of Law, UBC, Vancouver
Kelly E. Slade-Kerr (she/her) — HHBG Employment Lawyers, Surrey
Nicole C.M. Toye (she/her) — Harris & Company LLP, Vancouver

Faculty
Jeffrey Bastien (he/him) — Dentons Canada LLP, Vancouver
Sebastian Chern (he/him) — Howard Employment Law Corporation, Vancouver
Navpreet Chhina — Inlet Employment Law, Burnaby
Jessica Forman (she/her) — Forte Workplace Law, Surrey 
Micah Goldberg — Watson Goepel LLP, Vancouver 
Heather M. Hettiarachchi (she/her) — Integritas Workplace Law Corp., Richmond 
J. Geoffrey Howard (he/him) — Howard Employment Law Corporation, Vancouver
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Connor F. Levy (he/him) — Miller Titerle + Co., Vancouver 
Sarah Lumsden (she/her) — Southern Butler Price LLP, North Vancouver
Claire L. Marchant (she/her) — Director, Practice Advice and Equity Ombudsperson, Law Society of BC, Vancouver 
Michelle McKinnon (she/her) — McMillan LLP, Vancouver
Nazanin Panah (she/her) — Inlet Employment Law, Port Moody
Lou Poskitt — Miller Titerle + Co., Vancouver
Salim Visram (he/him) — Dentons Canada LLP, Vancouver

Click here for full faculty bios

Welcome 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

Broadening the Horizons of Employment Law: A Comparative Review of Ontario Notice Periods (9:15 – 10:20)

• overview of general reasonable notice principles
• review of recent Ontario case law relating to reasonable notice, including:
  • issues of contractual interpretation
  • impact of COVID-19 on the reasonable notice assessment
  • mitigation issues
  • exceptional circumstances warranting reasonable notice over the upper limit
• discussion of similar or diverging trends in BC

Navpreet Chhina — Inlet Employment Law, Burnaby
Micah Goldberg — Watson Goepel LLP, Vancouver 
Michelle McKinnon (she/her) — McMillan LLP, Vancouver
Nazanin Panah (she/her) — Inlet Employment Law, Port Moody

BREAK (10:20 – 10:35)

Environmental Scans, Workplace Assessments, Cultural Scans—What on Earth Are We Talking About (10:35 – 11:40)

• what are we talking about? What are these "alternative" workplace investigations and when would you want to use them 
• what is involved in conducting them—nuts and bolts of how to conduct them and how they are different from a traditional workplace investigation
• what are their limitations and how can they be used to help restore trust and peace within the workplace
• best practices for investigators and clients hiring someone to conduct these scans 
  • importance of trauma-informed lens
  • confidentiality is key
  • sample terms of reference
  • creativity is important—tailor them to the needs of the client

Jessica Forman (she/her) — Forte Workplace Law, Surrey 
Sarah Lumsden (she/her) — Southern Butler Price LLP, North Vancouver
Lou Poskitt — Miller Titerle + Co., Vancouver

Mitigation of Damages (11:40 – 12:30)

• mitigation in general
• onus and threshold
• issues in focus
  • overview of what is and is not considered acceptable forms of mitigation effort
  • re-employment or continuing employment with the dismissing employer
  • moonlighting—is continuing employment on the "other job" considered mitigation
  • sale of a business
  • evidentiary issues—show me the proof
• practical guidance—top tips for defendants and plaintiffs

Jeffrey Bastien (he/him) — Dentons Canada LLP, Vancouver
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver

LUNCH with Featured Speaker: Truth and Reconciliation (presenting remotely at 1:15) (12:30 – 2:15)

Ellis Ross — MLA for Skeena and Official Opposition Shadow Minister for Energy and LNG, Terrace

Post-COVID Constructive Dismissal Update (2:15 – 3:20)

• brief refresher on the test for constructive dismissal, including the two branches of the Potter test
• COVID era lessons on when introducing new policies or job requirements (Potter branch 1) constitute a constructive dismissal, including:
  • Parmar on mandatory vaccination policies
  • Benke on masking policies
• recent cases of constructive dismissal based on "series of employer actions"  (Potter branch 2), including toxic/intolerable working environment
• reorganizations: when can role changes with no reduction in compensation constitute a constructive dismissal

Sebastian Chern (he/him) — Howard Employment Law Corporation, Vancouver
J. Geoffrey Howard (he/him) — Howard Employment Law Corporation, Vancouver
Salim Visram (he/him) — Dentons Canada LLP, Vancouver

BREAK (3:20 – 3:35)

Professional Responsibility and Legal Ethics in Employment Law (3:35 – 4:45)

• panel discussion regarding ethics and professional responsibility in the context of employment law
• common ethics issues that arise for employment lawyers considered from a variety of vantage points
• practical guidance on how to identify and address ethical issues, and the resources available to lawyers to assist them

Heather M. Hettiarachchi (she/her) — Integritas Workplace Law Corp., Richmond 
Connor F. Levy (he/him) — Miller Titerle + Co., Vancouver 
Claire L. Marchant (she/her) — Director, Practice Advice and Equity Ombudsperson, Law Society of BC, Vancouver 

Reception (Coast Coal Harbour Hotel, Grouse Room, 4th Floor) (4:45 – 6:30), hosted by: