Queen's University IRC

Labour Arbitration Skills

Learning the Advocate’s Art and Science of Building and Presenting Winning Arbitration Cases

4 CREDITS

VIRTUAL LEARNING MODEL

PROGRAM OVERVIEW

Effective advocacy before an arbitrator requires the same blend of skills, street smarts, and techniques as advocacy before a judge in a courtroom. It requires careful and extensive preparation before the hearing, concise opening statements, organized and efficient presentation of evidence, and persuasive argument. Leading advocates and arbitrators will coach you through the preparation and presentation of a challenging arbitration case.

DATE, LOCATION & FEE

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WHO SHOULD ATTEND

ORGANIZATIONAL BENEFITS

TAKEAWAY TOOLS

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LEARNING OUTCOMES

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PROGRAM DETAILS

In this dynamic program, you will build presentation and advocacy skills and get immediate feedback from an experienced arbitrator.

a) The First Principles of Arbitration

To ensure you have a solid foundation for the coming week, the opening session offers a picture of the environment in which an arbitrator must operate.

By the end of this session, you will have a foundation in:

  • The role and powers of the arbitrator
  • The purpose of arbitration
  • Governing legislation
  • Development of arbitral jurisprudence
  • The evolution of doctrine

b) Introduction to the Arbitration Hearing

To give a sense of the “look and feel” of the typical labour arbitration hearing, we offer this overview of the process and normal procedures to follow. At the same time, you get a chance to pick up a few pointers on typical presentation pitfalls to avoid.

c) Advanced Topics in Arbitration

For more experienced advocates, we offer a parallel workshop on advanced topics such as streamlining the hearing. You will negotiate an agreed statement of facts and argue a preliminary motion on the admissibility of video surveillance.

d) Preparing for the Hearing

Do you know the types of evidence that arbitrators require? What types of evidence will be excluded? What are the rules governing hearsay? We show you how to get essential facts into the evidentiary record, and how to assess your opponent’s theory of the case.

Learn the following eight steps of foolproof case prepping:

  • Learn the facts
  • Develop your theory
  • Consider precedents
  • Take stock of possible flaws or amendments
  • Consider preliminaries
  • Narrow your focus
  • Prepare your witnesses
  • Prepare opening/cross/closing

e) Becoming a Research Hound

Legal research can be costly in terms of time and money. We offer a series of questions to help shape a research plan, introduce you to a basic research model, and give you tips and resources to get you going in the right direction.

f) Arbitration and Human Rights

Delve deeper into the issues surrounding arbitration and human rights, such as sexual harassment and discrimination against people with disabilities. Take away an invaluable resource booklet on “the duty to accommodate at arbitration.”

g) Mastering the Hearing

Learn how to prepare your witnesses and evidence. Practice what you have learned in a role play, and get a live demonstration of how to qualify an expert witness. Find out how to order your evidence and how to hold the attention of the arbitrator. We offer techniques on questioning and presenting exhibits that are highly effective.

Learn more about:

  • Delivering effective opening and closing statements
  • Examining, cross-examining, and reexamining witnesses
  • Understanding key aspects of the rules of evidence
  • Objecting at the right time and in the right way

h) Mock Arbitration

Here is your once-in-a-lifetime chance to practice your new advocacy skills and get expert coaching along the way. With a partner, research your case and prepare an opening statement, examination-in-chief, cross examination, and closing argument. Deliver your case before an experienced arbitrator.

i) Awards and Debriefing

In the final session, assemble with your colleagues to hear the arbitrators’ awards and share impressions of the mock hearing. How did you fare? Did you encounter any surprises?

FACILITATORS AND GUEST SPEAKERS

Deborah Leighton

Lead Facilitator

Donald Carter

Guest Speaker

Craig Flood

Guest Speaker

William Hayter

Guest Speaker

William Hayter

Guest Speaker

Megan Telford

Guest Speaker
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Professor Deborah Leighton

Professor Deborah Leighton is a member of the Employment Relations Program in the Faculty of Arts and Science, at Queen’s University, teaching in the Master of Industrial Relations program since 1994. She has been a labour mediator and arbitrator since 1992 and is a named arbitrator for many parties including Air Canada and ACPA, University of Toronto and CUPE, and the Ontario Colleges of Applied Arts and Technology (CAAT-Academic) and OPSEU.


In addition to her private practice as a mediator and arbitrator, Deborah has acted in these roles for a number of public boards. She is a listed arbitrator at the Ontario Crown Employees’ Grievance Settlement Board (since 1996). She served as a Vice-Chair, at the Ontario Public Service Grievance Board from 1992 to 2017. She served two terms as an Adjudicator, for the Ontario Human Rights Tribunal between 1992 and 1998.


Deborah’s education includes a BA in Law from Oxford University, and an LLM from the University of Texas at Austin.

Donald Carter

Donald Carter is a Professor Emeritus at the Queen’s University Faculty of Law. From 1993 to 1998 he served as Dean of Law at Queen’s and from 1985 to 1990 was Director of the Queen’s Industrial Relations Centre/School of Industrial Relations. He has served as Chair of the Ontario Labour Relations Board (1976-79), as President of the Canadian Industrial Relations Association (1991-92), and as Chair of Ontario’s Public Service Grievance Board (2002 -13). He was active as a labour arbitrator and mediator from 1972 to 2015. He is also the author of numerous articles and monographs relating to labour law and industrial relations. In 2013 he received the Bora Laskin award for outstanding contributions to Canadian labour law.

Craig Flood

Craig Flood practises in the area of labour law with a special expertise in the area of workplace safety and insurance. In June 2016, he assumed the role of Managing Partner of Koskie Minsky LLP, and he is a long-time member of the Executive Committee.


Craig is a proud graduate of Queen’s University (B.A. Honours, 1982) and the Faculty of Law, University of Toronto. (LLB, 1986). He was admitted as a member of the Law Society of Upper Canada in 1988.


Craig represents trade unions and employees in the acquisition and preservation of bargaining rights, unfair labour practice complaints, discipline and discharge, occupational health and safety, essential services, and grievance arbitration. He has appeared before various tribunals, such as the Ontario Labour Relations Board, the Canada Industrial Relations Board, the Crown Employees’ Grievance Settlement Board and the College of Nurses of Ontario. He has acted as counsel in judicial review matters, including before the Supreme Court of Canada.


Craig represents workers throughout the provincial workers’ compensation system, including the Workplace Safety & Insurance Appeals Tribunal.


Craig is past Chair of the Administrative Law Section of the Ontario Bar Association and has acted as counsel to the Canadian Bar Association – Ontario before the Court of Appeal for Ontario. He is a regular commentator and writer on labour and administrative law matters, and frequently speaks on workers’ compensation, occupational health and safety, labour law and administrative law issues before a wide range of audiences. He coordinates the Koskie Minsky University Lecture in Labour Law at the University of Western Ontario and is actively involved with the Canadian Association of Labour Lawyers.

William Hayter

William Hayter is a labour and employment lawyer who acts for employers in disputes with their employees.  He practised on the employer side for a large labour and employment firm in Toronto before moving to the Niagara region. He continues to be engaged in a broad spectrum of disputes associated with the employment relationship, including the arbitration of disputes under collective agreements, the representation of employers in wrongful dismissal actions or human rights complaints before the Ontario Human Rights Tribunal. Having conducted thousands of arbitrations over a career spanning more than 35 years, he understands the complexities of the trial process and the importance of a properly conceived and presented case to the trier of fact to maximize the client’s likelihood of success if settlement within the client’s parameters is not reasonably possible.


In addition to being counsel at arbitrations, he has appeared before courts at every level in Ontario, as well as the Supreme Court of Canada. His clients include large employers in the energy sector, the education sector, the health sector and the municipal sector and he has written extensively in the areas noted.  He has a Bachelor of Commerce and law degree from Queen’s University.

Megan Telford

Megan Telford is the Vice President, Global Head of Employee Relations for the Toronto-Dominion Bank Group. Megan joined TD in 2007 as the Bank’s employment law counsel and then went on to work on the mergers and acquisitions team before joining employee relations.


Previously, Megan was a lawyer in the labour and employment law group at the law firm of Heenan Blaikie in Toronto and was a sessional instructor in the Queen’s University Faculty of Law. In addition, Megan worked for the Permanent Court of Arbitration in The Hague, Netherlands.


She has published articles on a wide range of labour, employment, administrative law, and human resources issues. Megan obtained both her Masters of Industrial Relations and her Bachelor of Laws in the inaugural year of the Queen’s University MIR/LLB program.