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SELECTED CASES

real employees real experiences real results

Most cases settle and only the most hotly contested disputes get decided at a hearing, trial, judicial review or appeal. At Franklin Law, we are very proud of our record of winning cases and our ability to negotiate meaningful settlements for workers. We are no less proud, however, of the courageous workers who asked us to argue cases on a new point of law or where where the odds were stacked against them and were not as successful. Regardless of the outcome, we strive to get the best result for every worker who entrusts their case to us and are inspired every time we sit beside a fellow worker in his or her moment of triumph. The following cases represent a few of the publicly available tribunal and court decisions that clients ultimately won, lost, or resolved with Franklin Law’s support.

Human Rights / Grievance Arbitration

Mazzariol v. London District Catholic School Board, 2021 HRTO 85 (CanLII)

Avolonto v. York University, 2019 HRTO 553 (CanLII)

Mazzariol v London District Catholic School Board, 2019 HRTO 522 (CanLII)
Hibbert v. Metrolinx, 2018 HRTO 430 (CanLII)HRTO 522 (CanLII)
King v. JF & L Restaurants Limited, 2018 HRTO 129 (CanLII)
CUPE Local 3902 v CUPE Local 1281, 2015 CanLII 71793 (ON LA)1667 (CanLII)(CanLII)
Gaisiner v. Method Integration Inc. (Alocet Incorporated), 2014 HRTO 1718 (CanLII)
Bangura v. Ontario (Community and Social Services), 2012 HRTO 1459 (CanLII)
Upchurch v. MTI Mechanical Trade Industries, 2011 HRTO 328 (CanLII)(CanLII)
Upchurch v. MTI Mechanical Trade Industries, 2010 HRTO 328 (CanLII)(CanLII)

Regisford v. Dufferin-Peel Catholic District School Board, 2009 HRTO 1429. This case resulted in an extremely rare public settlement. For more information see: PDF Brampton Guardian Article, November 17, 2009

Unjust Dismissal

Tomsonlin Armstrong v. Speedy Transport Group Inc., Canada Labour Code Adjudication, December 5, 2013

Duty of Fair Representation

Williams v Amalgamated Transit Union, Local 113, 2011 CanLII 71894 (ON LRB)

Upchurch v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry , Local 46, 2010 CanLII 29678 (ON LRB)

Civil Litigation

Farzad Eslami v. Elegance Decoration Inc and Chi Piu Chan aka Bill Chan, November 5, 2014 (Ont. Sup. Ct. Jus.)
Dey v. Porter, [2007] O.J. No. 2096

Employment Standards

2127370 Ontario Ltd. (Coffee Supreme) v. Xuan, 2009 CanLII 8983 (ON LRB)
Abdoulrab v. Ontario (Labour Relations Board), 2009 ONCA 491 (CanLII). Tragic case in which the Court of Appeal upheld a decision which effectively denied 90 plus employees termination and severance pay under the Employment Standards Act, 2000.
See Abdoulrab v. Ontario (Labour Relations Board), 2009 ONCA 639 (CanLII) for the decision on costs.

Workers Compensation

Decision No. 1815/04, 2006 ONWSIAT 1657 (CanLII)
Decision No. 1160/09, 2009 ONWSIAT 2224 (CanLII)