Centre for Law in the Contemporary Workplace

Centre for Law in the Contemporary Workplace

"One Law for All":  Has Weber v. Ontario Hydro Transformed Collective Agreement Administration and Arbitration in Canada?

In Honour of the Late Bernie Adell


October 30-31, 2015
Donald Gordon Centre

Friday, October 30, 2015

8:00 am

Registration and Breakfast

8:45 am to 9:00 am

Welcome, and Some Thoughts on the Adell Legacy

Kevin Banks, Director, Centre for Law in the Contemporary Workplace, Queen’s University, Faculty of Law

9:00 am to 9:45 am

Weber and Almost Everything After – Twenty Years Later

Brian Etherington, University of Windsor, Faculty of Law

9:45 am to 11:00 am

Weber and the Conceptual Framework for Labour Arbitration in Canada

(Chair – Don Carter, Professor Emeritus, Queen’s Law)

Worrying About Weber?  Try the O’Leary Therapy – Brian Langille, University of Toronto Faculty of Law
A Reconsideration of Management Rights Theory in Light of Weber – Elizabeth Shilton, Centre for Law in the Contemporary Workplace, Queen’s University, Faculty of Law

11:00 am to 11:15 am


11:15 am to 12:30 pm

Some Practical Implications of Weber for the Arbitration Process

(Chair – Carol Mackillop, Mackillop Law Professional Corporation)

Does Weber Contribute to Delay in Arbitration? – Kevin Banks, Centre for Law in the Contemporary Workplace; Richard Chaykowski, Faculty of Arts and Science, Queen’s University
Arbitrating Human Rights Issues:  Some Comparative Empirical Data – Sara Slinn, Osgoode Hall Law School, York University

12:30 pm to 1:30 pm


1:30 pm to 3:00 pm

Arbitrating Statutory Rights

(Chair – Mark Contini, Mathews Dinsdale & Clark LLP)

Weber and Judicial Review – The Policy Implications of Deference on Public Law Issues – Michael Lynk, University of Western Ontario, Faculty of Law & Shannon Webb, Fanshawe College
Perspectives from a Statutory Tribunal – Jo-Anne Pickel, Human Rights Tribunal of Ontario

3:00 pm to 3:15 pm


3:15 pm to 4:45 pm

Some “Comparative Law” Issues

(Chair – Chris Dassios, Power Workers’ Union)

Are There Some Particularities to Weber’s Application in Quebec? Renée-Claude Drouin, Université de Montréal
Arbitrating Statutory Rights Claims in the U.S. – Alan Hyde, Rutgers School of Law

6:30 p.m.

Group Dinner

Saturday, October 31, 2015


8:30 am to 10:00 am

Weber and Access to Justice

(Chair – Manoj Dias-Abey, PhD Candidate, Queen’s Law)

Weber and the Privatization of Public Rights – Claire Mummé, University of Windsor Faculty of Law
Are all Workplace Rights Created Equal, and Does Weber Shed Any Light on the Question? – Karen Schucher, Humber College Institute of Technology and Advanced Learning, The Business School

10:00 am to 10:15 am


10:15 am to 11:30 am

Institutional Issues Posed by Weber:  Can Arbitration Bear the Weight?  An Arbitrators Panel

(Chair – Susan Stewart, Arbitrator & Mediator)


Paula Knopf, Arbitrator, Toronto
Bruce Archibald, Arbitrator, Halifax
Rick MacDowell, Arbitrator, Toronto
Randi Abramsky, Arbitrator, Toronto

11:30 am to 12:15 pm

Next Steps (Facilitation by Workshop Organizers)

12:15 pm

Boxed Lunch

Registration online or complete and return form