J.P. Zubec advises businesses and senior executives on employment law issues that occur at all stages of an employment life-cycle, including issues that arise as a result of a purchase and sale of a business.
J.P. regularly counsels businesses of all sizes on matters that include reviewing and drafting executive agreements, employment contracts, compensation plans, non-solicitation and non-competition agreements and workplace policies. He also counsels clients during terminations, as well as human rights issues such as the duty to accommodate, and represents clients in wrongful dismissal and human rights litigation.
An experienced litigator, J.P. has a successful track record, appearing before the Federal Court of Appeal, the Federal Court of Canada, the Divisional Court, the Superior Court of Justice, the Canada Industrial Relations Board, Ontario Labour Relations Board, the Ministry of Labour and the Human Rights Tribunal of Ontario. His clients value his common sense approach to resolving disputes and his ability to anticipate and plan for each stage of the litigation process.
J.P. also represents senior executives at all stages of their careers, including reviewing and negotiating employment agreements and termination packages, as well as providing representation in any type of employment related litigation, including shareholder disputes.
J.P's years of experience in complex and often highly emotive disputes allows to him effectively represent clients in other conflicts and he is frequently called upon to represent clients in general litigation, including estate litigation and personal injury claims.
Originally, from Winnipeg, J.P. was a professional hockey referee before becoming a lawyer. While studying law, he served as a Program Manager for Sport Solution, a clinic that assists Olympic and National Team athletes with legal issues related to selection, discipline and carding.
J.P. is active in his community and, among other things, is a Chapter Advisory Board Member of the Children's Wish Foundation of Canada, National Capital Region.
Some of J.P.'s recent work highlights include:
Summary Judgment Motion Dismissed
JP successfully represented an employer in a summary judgment motion brought by a former employee, who was claiming approximately two years' salary and alleging that the parties had entered into a two-year fixed term employment contract. The Ontario Superior Court of Justice dismissed the employee's motion with costs. Besseau v. Seprotech Systems (unreported dated July 19, 2013)
Human Rights Complaint Dismissed
JP successfully sought an early dismissal of an application filed with the Human Rights Tribunal of Ontario, when he represented a community health centre and two of its executives, who were all respondents to the application, which was filed by a former employee: Colbeck v. Pinecrest-Queensway Community Health Centre, 2010 HRTO 1435 (CanLII).
Victory for employee with 'perceived' disability
Incorrectly believing she had contracted tuberculosis, an employee informed her employer of her condition and was dismissed by her employer shortly afterwards. JP successfully represented the employee before the Human Rights Tribunal of Ontario. The Tribunal confirmed that the protections under the Ontario Human Rights Code extend to people with perceived disabilities. The Tribunal ordered the employer to pay the employee $20,000 in general damages and 13.5 months' of lost wages and benefits. In addition, the Tribunal asked the parties to make submissions on whether it could order the employer to pay the employee's wages and benefits from the date of the hearing to the date the employee would have otherwise retired. The parties reached a confidential settlement before making submissions on that issue:McLean v. DY 4 Systems, 2010 HRTO 1107 (CanLII).
Wrongful Dismissal Results in Compensation and Costs
JP acted for a lawyer in a wrongful dismissal action brought against her former employer. The Court held that the dismissal was unlawful and the allegations made against the employee were without merit. Compensation was awarded to the employee and, in addition, the Court sanctioned the employer by ordering him to pay for all the employee's legal costs: Johnston v. Levencrown (Levencrown Family Law Counsel) 2008 CanLII 20341 (ON S.C.)
Settlement for Locked Out Shareholder
JP successfully represented a 50% shareholder of a corporation who was paid nothing after being locked out of his business by the other 50% shareholder and then excluded from all corporate meetings and deprived on all corporate information. An Application was filed with the Superior Court of Justice and, prior to the hearing, the respondents agreed to make a non-taxable payment to JP's client for more than $280,000 in exchange for his client's shares in the corporation.
Graduate Student Reinstated
JP successfully represented a Master's Degree student at the University of Ottawa by applying to the Divisional Court of Ontario for an order quashing a decision of the University of Ottawa Senate Committee. The decision resulted in the student's forced withdrawal from a Master's Degree Program. The Divisional Court, which normally gives deference to university decisions, quashed the Senate Committee's decision and ordered that the student be reinstated into the Program after finding that she had been treated with such manifest unfairness that a flagrant violation of the rules of natural justice resulted: Handa v. University of Ottawa (Divisional Court of Ontario, unreported: June 10, 2008)
Compensation for Employee Dismissal During Maternity Leave
JP has successfully represented several employees who have lost their jobs either before, during or after a maternity leave. As an example, one case involved a woman who had eight years' of service with her employer and was summarily dismissed shortly after returning from a maternity leave. The employer made several allegations about the employee's performance in an attempt to legitimize its decision. In only six months, JP was able to obtain an order from the Ministry of Labour requiring the employer to pay the employee more than nine months' pay plus damages for emotional pain and suffering: Ladrie v. An-Hoa Inc. (unreported decision of the Ontario Ministry of Labour dated October 28, 2006).