Former executive sues public service union for close to $1M
Former COO clashed with new president, court documents allege
From: Bernier, Claude <Claude.Bernier@cbsa-asfc.gc.ca>
Date: Wed, Aug 14, 2024 at 3:34 AM
Subject: Automatic reply: The Professional Institute of the Public Service of Canada has filed a bad faith bargaining complaint against the Canada Revenue Agency
To: David Amos <david.raymond.amos333@gmail.com>
Please be advised that, effective end of day February 2, 2018, my CBSA email address will no longer be monitored and my active e-mail address will be changing to Claude.Bernier@justice.gc.ca. The Justice e-mail address is already effective so you may begin to use it immediately. If the information you send is Protected B, make sure to encrypt your email before sending it. Please update your contact information if necessary to reflect this change.
******************************
From: Johanne Fillion <jfillion@pipsc.ca>
Date: Wed, Aug 14, 2024 at 3:34 AM
Subject: Out of office on annual leave / En vacances Re: The Professional Institute of the Public Service of Canada has filed a bad faith bargaining complaint against the Canada Revenue Agency
To: <david.raymond.amos333@gmail.com>
Johanne
Je suis absente jusqu'au 3 septembre. Toutefois, si vous êtes une ou un journaliste avec une demande pressante, prière SVP d'entrer en contact avec ma directrice, Stéphanie Montreuil à smontreuil@pipsc.ca.
Johanne
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3 Comments
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, Aug 14, 2024 at 1:42 PM
Subject: Re: The Professional Institute of the Public Service of Canada has filed a bad faith bargaining complaint against the Canada Revenue Agency
To: Howard Levitt <hlevitt@levittllp.com>
I was contacting you BECAUSE PIPSC is a client of yours
From: Howard Levitt <hlevitt@levittllp.com>
Date: Wed, Aug 14, 2024 at 1:37 PM
Subject: RE: The Professional Institute of the Public Service of Canada has filed a bad faith bargaining complaint against the Canada Revenue Agency
To: David Amos <david.raymond.amos333@gmail.com>
If you are looking for a consultation please call 4165943900 and book one rather than emailing me.
PIPSC is a client so it cannot involve any case against ssit.
There is a fee attached.
|
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Howard Levitt |
From: David Amos <david.raymond.amos333@gmail.
Sent: Wednesday, August 14, 2024 2:33 AM
To: Howard Levitt <hlevitt@levittllp.com>
Cc: jfillion@pipsc.ca; Diane.Lebouthillier <Diane.Lebouthillier@parl.gc.
Subject: The Professional Institute of the Public Service of
Canada has filed a bad faith bargaining complaint against the Canada
Revenue Agency
|
Caution: This is an external email and could contain potentially harmful content or links. |
---------- Forwarded message ----------
From: "Bernier, Claude" <Claude.Bernier@cbsa-asfc.gc.
Date: Thu, 16 Mar 2017 13:58:42 +0000
Subject: RE: ATTN Claude Bernier, Counsel, 613-960-8653 we just talked correct?
To: David Amos <motomaniac333@gmail.com>
Thank you for your email.
Having reviewed the materials you sent, I regret that there is
nothing I can do to assist you.
My suggestion is that you consult a lawyer who is in private practise
to assist you in determining available options to pursue your
concerns.
Claude Bernier
Avocate / Counsel
Services juridiques de l'Agence des services frontaliers du Canada /
Canada Border Services Agency Legal Services
Ministère de la justice / Department of Justice
Tél./Tel.: (613) 960-8653 | Télec./Fax: (613) 946-2570
PROTÉGÉ - Secret professionnel de l'avocat / PROTECTED -
Solicitor-Client Privilege
L'information apparaissant dans ce message électronique est de nature
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êtes par les présentes avisé que tout usage, copie ou distribution de
ce message est strictement interdit. Vous êtes donc prié de nous
informer immédiatement de cette erreur et de détruire ce message.
The information in this message is legally privileged and
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any use, copying or reproduction of this document is strictly
forbidden. Please advise us of this error and destroy this message.
-----Original Message-----
From: David Amos [mailto:motomaniac333@gmail.
Sent: March 15, 2017 2:52 PM
To: Voghel, Carmen <Carmen.Voghel@cbsa-asfc.gc.ca
<John.Ossowski@cbsa-asfc.gc.ca
<Claude.Bernier@cbsa-asfc.gc.
Cc: David Amos <david.raymond.amos@gmail.com>
Subject: ATTN Claude Bernier, Counsel, 613-960-8653 we just talked correct?
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 30 Jan 2017 18:17:41 -0400
Subject: ATTN Mark Dehler 613-239-5678( x5102) General Counsel and
Commission Secretary we just talked
"Stuart.MacPherson" <Stuart.MacPherson@cbsa-asfc.
Cc: David Amos <david.raymond.amos@gmail.com>
<birgittaj@althingi.is>, postur <postur@for.is>
Mark Dehler,
General Counsel and Commission Secretary;
40 Elgin Street, suite 202
Ottawa, Ontario K1P 1C7
Canada
613-239-5678( x5102);
---------- Forwarded message ----------
Date: Mon, 30 Jan 2017 20:43:18 +0000
Subject: Réponse automatique : FATTN Brian K.T. Hassall CRA 1-613-941-1152
Merci d'avoir écrit à l'honorable Diane Lebouthillier, députée de
Gaspésie - Îles-de-la-Madeleine. Votre courriel recevra toute
l'attention voulue.
Thank you for writing to the Hon. Diane Lebouthillier, Member of
Parliament for Gaspésie - îles-de-la-Madeleine. Please be assured that
your correspondence will receive every consideration.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 30 Jan 2017 16:43:13 -0400
Subject: FATTN Brian K.T. Hassall CRA 1-613-941-1152
To: bhassall@pipsc.ca, "Diane.Lebouthillier"
<Diane.Lebouthillier@cra-arc.
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 30 Jan 2017 15:44:19 -0400
Subject: Do you and the New Brunswick Crown prosecutors remember me
now Mr Hindle? If not Please review the attachment
To: steve.hindle@pipsc.ca, "serge.rousselle" <serge.rousselle@gnb.ca>,
"jeff.mockler" <jeff.mockler@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
MulcaT <MulcaT@parl.gc.ca>, "rona.ambrose" <rona.ambrose@parl.gc.ca>
"New Brunswick Crown prosecutors are currently the lowest paid in the
country, according to Steve Hindle, vice-president of the Professional
Institute of the Public Service of Canada.
If a deal can't be reached, prosecutors could be in a strike position
by March, said Hindle."
---------- Forwarded message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Mon, 30 Jan 2017 11:21:42 +0000
Subject: RE: For the PUBLIC RECORD Below the first email with the same
attachments that I sent you and Johnny "Never Been Good" Paterson on
New Years Eve CORRECT Andy Baby???
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed and if a response is
requested, it will be forthcoming.
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné
et qu’une réponse vous parviendra à sa demande.
Ottawa, February 20, 2023 – Federal employees began mandatory return
to the office on January 16. Since then, more than 1,100 public
servants represented by the Professional Institute of the Public
Service Canada (PIPSC) have reached out to their union looking for
support as they navigate the challenges created by this “one-size fits
all” order. The concerns raised by PIPSC members ranged from workplace
safety, availability of office and basic equipment, network capacity,
breach of work agreement, accommodation issues, before and after
school child care availability, and more.
One key issue is that in spite of having been issued a
return-to-office directive, many federal employees no longer have
dedicated offices to return to.
“As we feared, we are now living with the logistical nightmares
created by this hastily-implemented return-to-office policy. Many
departments and agencies were wholly unprepared for the practical
realities involved in this government order,” said PIPSC President
Jennifer Carr. “As a result, some of our members are returning to
buildings that are now doubling as construction sites. Others are
having to bounce between various federal government coworking spaces,
which often means staying up until midnight to secure a space close to
home.”
These logistical problems are not only bad for morale, they are
hindering federal employees’ abilities to keep the country’s most
important institutions operating smoothly and productively.
“The same people who built CERB from home are now wasting time every
day setting up and taking down makeshift workstations in the
cafeteria,” explained Carr. “Or they are trying to have crucial video
meetings from buildings with unreliable Wi-Fi – often with team
members on separate floors of the same building.”
For workers who are parents, there is the additional challenge of
suddenly needing before and after school care on a moment's notice –
at a time when these types of programs are long-since booked solid.
“Like all parents, I know the stress created by a last-minute
childcare emergency,” added Carr. “Think of the panicked scrambling
you have to do on a snow day – then imagine having to suddenly figure
this out two to three days a week.”
It is time for the federal government to acknowledge that they made a
mistake, sit down to consult with the people affected, and present a
reasonable plan that works for employees while effectively delivering
the services Canadians rely on.
“We take no joy in having been right about what a mess this was going
to be,” Carr concluded. “The good news is, it’s not too late to work
together to build a better solution.”
PIPSC represents over 72,000 public service professionals working for
the federal government as well as some provincial departments and
agencies.
-30-
For more information: Johanne Fillion, 613-883-4900 (mobile), jfillion@pipsc.ca
Read more about Press Release — Thousands of PIPSC members reach
out for support as return-to-work order causes chaos and undermines
productivity
Published on 20 February 2023
Ottawa, February 7, 2023 – The Professional Institute of the Public
Service of Canada, on behalf of its Audit Financial and Scientific
(AFS) Group members, has filed a bad faith bargaining complaint
against the Canada Revenue Agency. The complaint concerns the Agency’s
recent decision to impose a “one-size-fits-all” return to office edict
rather than continue to negotiate telework at the bargaining table.
PIPSC members and the CRA have been in negotiations since October
2022, where telework has been established as a top priority for AFS
members, and where PIPSC and the employer have both exchanged
proposals on the issue. Yet at the January 17-19, 2023 bargaining
meeting, the CRA said it no longer had any intention of including any
telework language in the collective agreement.
“You cannot just remove a core issue from the table – which has been
established as a top priority for members – and call it anything other
than a bad faith maneuver,” said PIPSC President Jennifer Carr. “The
CRA's about-face subverts what has already been accomplished at the
table and delays or even prevents the conclusion of an agreement. Keep
in mind this is the same government that promised a new era of
collaboration with members of the public service – but has chosen
again to shut the door on negotiating, in favour of imposing a wildly
unpopular edict.”
The CRA expects all of its employees to return to the office for 2
days a week as opposed to continuing to telework on a mostly full time
basis, as AFS members have been doing safely and productively since
March 2020.
“Given our demonstrated dedication to Canadians, public service
delivery, and our employer, it would be reasonable to assume that the
CRA would be willing to recognize our rights to fair consideration in
telework requests,” said AFS Group Bargaining Chair, Doug Mason.
The CRA’s edict mimics the Treasury Board's December directive – a
“one-size-fits-all” approach to telework that PIPSC has opposed since
it was announced.
“From the beginning, we’ve been clear that bulldozing through a
directive like this in the middle of bargaining doesn’t bode well for
good faith negotiations, and will cause more problems than it solves,”
said Carr. “The proof is now in the pudding. We are looking to the
government to stop barreling towards an unnecessary confrontation and
bring this issue back to the table, where it belongs.”
“The pandemic forced governments to modernize labour practices, and
these practices need to be embedded into employee contracts. It
protects everyone. It’s just good labour practice.”
PIPSC represents over 70,000 members across Canada, and over 14,000
AFS members employed at the CRA.
-30-
For more information: Johanne Fillion, 613-883-4900 (mobile), jfillion@pipsc.ca
Read more
Bargaining Team President
Eric Massey
Group : Health Services Group
Department : Correctional Service Canada
From: Howard Levitt <hlevitt@levittllp.com>
Date: Tue, Aug 13, 2024 at 10:36 PM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>
I watched the video you showed me. I have no idea who you are. What do you want?
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Aug 13, 2024 at 10:22 PM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: Howard Levitt <hlevitt@levittllp.com>
Date: Tue, Aug 13, 2024 at 9:58 PM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>
If you were talking about the me myself and I video, in which you made some comments years ago during an election, I have no idea what this has to do with me.
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Aug 13, 2024 at 9:48 PM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: Howard Levitt <hlevitt@levittllp.com>
Who are you and what you wish to speak to me about? Sending me random press clippings I am aware of and have nothing to do with you does not tell me anything.
Sent from my iPhone
NOTICE OF CONFIDENTIALITY:
This email and any attachment contain information which is privileged and confidential. It is intended only for the use of the individual to whom it is addressed. If you are not the intended recipient or the person responsible for delivering this document to the intended recipient, you are hereby advised that any disclosure, reproduction, distribution or other use of this email is strictly forbidden. If you have received this email by error, please notify us immediately by telephone or email and confirm that you have destroyed the original transmission and any copies that have been made. Thank you for your cooperation.
LevittLLP
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Aug 13, 2024 at 11:02 AM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: Howard Levitt <hlevitt@levittllp.com>
Would you pick up the phone the next time I call???
From: Howard Levitt <hlevitt@levittllp.com>
Date: Tue, Aug 13, 2024 at 2:12 AM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>
Perhaps you can tell me who you are, what this is about and what you wish from me. I know very well about the PIPSC case.
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, Aug 12, 2024 at 8:17 PM
Subject: Re: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: Howard Levitt <hlevitt@levittllp.com>
From: Howard Levitt <hlevitt@levittllp.com>
Date: Mon, Aug 12, 2024 at 8:15 PM
Subject: RE: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>, Kathryn Marshall <kmarshall@levittllp.com>
Cc: alex.lucifero@stlawyers.ca <alex.lucifero@stlawyers.ca>
Why are you sending this?
|
|
Howard Levitt |
From: David Amos <david.raymond.amos333@gmail.
Sent: Monday, August 12, 2024 6:35 PM
To: Kathryn Marshall <kmarshall@levittllp.com>; Howard Levitt <hlevitt@levittllp.com>
Cc: alex.lucifero@stlawyers.ca
Subject: Fwd: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
|
Caution: This is an external email and could contain potentially harmful content or links. |
Date: Mon, Aug 12, 2024 at 7:36 PM
Subject: Automatic reply: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>
Please note that I am out of the office today, August 9, 2024, with limited access to email. I will respond to your email as soon as possible upon my return on Monday, August 12, 2024.
From: Kathryn Marshall <kmarshall@levittllp.com>
Date: Mon, Aug 12, 2024 at 7:38 PM
Subject: Automatic reply: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: David Amos <david.raymond.amos333@gmail.com>
I am on vacation returning Monday, August 19th. If your matter is urgent or if you wish to schedule a consultation with me, please contact my legal assistant Marisa Parsons at mparsons@levittllp.com
---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, Aug 12, 2024 at 7:35 PM
Subject:
Fwd: Attn Kathryn Marshall I called and left a a voicemail about
Patricia Jaggernauth's concerns with Bell Media Correct?
To: <kmarshall@levittllp.com>, <hlevitt@levittllp.com>
Cc: <alex.lucifero@stlawyers.ca>
Former executive sues public service union for close to $1M
Former COO clashed with new president, court documents allege
A former top executive at the Professional Institute of the Public Service of Canada (PIPSC) is suing the federal union for wrongful dismissal, Radio-Canada has learned.
Edward Gillis, the former chief operating officer (COO) of PIPSC, is seeking hundreds of thousands of dollars in damages in a lawsuit set against a backdrop of tensions with the union's president.
Gillis worked for the public service union, the second largest in the country, from 1999 until June 2022.
PIPSC manages a budget of around $55 million, employs approximately 220 people and represents more than 62,000 federal public servants.
Edward
Gillis worked with the Professional Institute of the Public Service of
Canada for over 20 years. He's now suing the federal union for wrongful
dismissal. (PIPSC/Facebook)
Gillis is seeking $673,029.54 in damages from the union for breach of contract and $200,000 in punitive damages, accusing the union of acting in bad faith.
He also wants to be compensated for losing access to the retirement plan and his accumulated vacation time, as well as legal costs related to this lawsuit.
The union considers the damages Gillis is claiming to be "unreasonable and excessive" and is requesting the legal action be dismissed.
The allegations have not been tested in court.
Court documents allege mounting tensions
Documents filed with the Ontario Superior Court of Justice show tensions between Gillis and the board of directors following Jennifer Carr's election as PIPSC president.
About two weeks after taking office in January 2022, Carr advised Gillis that "he was no longer welcome to attend board meetings," Gillis's statement of claim said.
When asked, Carr told Gillis that he brought certain "baggage" to the meetings, and his presence made other members of the board "uncomfortable."
Carr said this wasn't meant as a disciplinary action, but rather a "fresh way" for the board to operate, according to his claim.
In a 10-page statement of defence, the PIPSC maintains that Gillis made several faults that justified his dismissal.
The union said Gillis repeatedly "placed himself in opposition" to the president and members of the board.
Jennifer
Carr, president of the Professional Institute of the Public Service of
Canada, speaks in October 2022. Court documents allege that Carr and
members of the board were treated rudely by former COO Edward Gillis. (PIPSC/Facebook)
"He was determined to maintain his own influence at the expense of frustrating the Board's initiatives and prerogatives," the statement reads.
"Through his actions, it was clear that the plaintiff viewed himself, not as an advisor to the board and administrator to the board's directions, but rather as a rival to the elected leadership for control over the organization."
After several disagreements, Gillis attempted to "rally elected members of the board against the elected president," the statement of defence says. "This pressure campaign against the board was highly inappropriate and the president felt intimidated."
PIPSC's lawyers also accuse Gillis of having abused his authority by asking a staff member to "create a fake Facebook account in order to infiltrate a private PIPSC members-only Facebook group and post rude and antagonizing comments."
'Disrespectful and hostile'
The former senior executive also allegedly had "disrespectful and hostile interactions" with Carr, the board and other staff members.
According to the statement of defence, Gillis was "refusing and/or neglecting to carry out the instructions" of the president and the board and is accused of "obstructionism and withholding" information from them.
In the spring of 2022, Gillis was allegedly rude to members at a meeting of the board of directors.
The union said Gillis "proceeded to chastise the elected leadership of PIPSC and informed them that they were not entitled to information regarding operational matters of the organization."
After that incident, the chair of the finance committee advised Gillis that "his conduct was inappropriate and directed him to change his behaviour," the defence said.
Claims of wrongful dismissal
In his statement of claim, Gillis denies that he ever demonstrated "wilful misconduct, disobedience or wilful neglect of duty," within the framework of his responsibilities.
He also said he was never subject to any formal disciplinary action or performance improvement plans over the course of his decades-long career with the PIPSC and at no point did "the defendant ever express any concerns to him regarding any alleged misconduct."
The former senior executive maintains that the PIPSC has "concocted these allegations in an effort to avoid paying [Gillis] his entitlements upon termination."
"The [union's] conduct in this regard is egregious, arrogant, high handed and unduly insensitive," his statement of claim reads.
The fact that a union, as an employer, decided to treat one of its long service employees this way it's just very, very disappointing
- Alex C. Lucifero, lawyer representing Gillis
Alex C. Lucifero, one of the lawyers representing Gillis, told Radio-Canada there is no proof of any of the allegations made by the defence to justify his client's termination.
Lucifero said Gillis is disappointed, but also surprised by the attitude of the PIPSC given that it's a union.
"[A union], its very raison d'etre is to act in support and in favour of employees," Lucifero said.
"The fact that a union, as an employer, decided to treat one of its long service employees this way, it's just very, very disappointing."
Carr's office declined an interview with Radio-Canada, saying that PIPSC has a policy of not commenting on cases currently before the courts.
A lawyer representing the union told Radio-Canada by email that a mediation process between the two parties failed before the lawsuit was filed.
"The institute has an obligation to protect its members' money, which comes from their union dues," said Howard Levitt, the union's lawyer.
"[The union] intends … to not spend more money on a settlement than what Mr. Gillis is entitled to," Levitt added.
The two parties will return to court on Oct. 13.
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ABOUT THE AUTHOR
NATIONAL ENERGY BOARD
HEARING ORDER GH-1-2006
IN THE MATTER OF the National Energy Board Rules of Practice and Procedure, 1995 and amendments, Section 35:
AND IN THE MATTER OF the National Energy Board Hearing Order GH-1-2006, Ruling Number 2, 15 Aug 2006
1. I, Dan Robichaud, hereby apply, pursuant to Section 35 of the National Energy Board Rules of Practice and Procedure, 1995 and amendments, for a 30 day extension to the Sept 12 deadline for submission of written evidence.
2. I have been entrusted $8000 of public money, by way of a grant from the Canadian Environment Assessment Agency (CEAA) in order to represent the public at the upcoming NEB hearing. While I received notice of the grant, I have not received the funds as yet, Sept 5, 2006. Part of the mandate for this money is to seek out expert advice concerning Emergency Measures. I've been unable to find a local professional willing to accept this task and am now in communication with an expert from Maryland, USA.The expert needs to complete a site visit.
3. CEAA recipient Friends of Rockwood Park received an extension.
4. I, for the above reasons, therefore request a 30 day extension for the submission of written evidence related to Emergency Measures.
All of which is respectfully submitted on this 5th day of September, 2006.
Dan Robichaud
Alex C. Lucifero
B.A. (Hons.), B.C.L., LL.B.
Partner
Contact Information
Contact Alex
T: 1 (844) 661-9065 (Ext. 223)
F: (613) 518-6552
E: alex.lucifero@stlawyers.ca
Contact Assistant – Nicole von Friedl
T: 1 (844) 661-9065 (Ext. 167)
E: nicole.vonfriedl@stlawyers.ca
Howard Levitt
Senior Partner
Howard Levitt has appeared as lead counsel in more employment law cases in the Supreme Court of Canada and at more provincial Courts of Appeal than any lawyer in Canadian history. He has been lead counsel in thousands of employment law cases, acting as counsel in over 50 trials, appeals, judicial reviews and other hearings annually. He has regularly chaired employment law and labour law conferences across Canada, including the Ontario Law Society, for its first ten years 2001-2009, the maximum time permitted.
Howard is the best known and most widely quoted authority on employment law in Canada. Howard writes a twice weekly employment law column in the Financial Post, has weekly radio appearances discussing employment law, and is the author of one of Canada’s leading dismissal textbooks, The Law of Dismissal in Canada, five other texts, and is Editor-In-Chief of the national law report, The Dismissal and Employment Law Digest, which covers every notable dismissal and employment law case across Canada. The Law of Dismissal and accompanying law report is cited extensively in decisions across Canada. He is cited by the Canadian media more than any other lawyer in any field for his commentary on legal issues of the day.
Howard practices employment law and labour law in Toronto, the GTA and throughout Canada and has an extensive national profile. Any lawyer can settle a case in some amount. Howard Levitt’s settlements are noteworthy as a result of his effective and tireless representation. Mr. Levitt conducts his own trials, which is not the case for many employment lawyers.
Howard is the labour lawyer and employment lawyer for many of Canada’s largest corporations and acts as chief spokesperson for numerous collective bargaining negotiations in a variety of industries. He conducts lobbying at the Federal and Provincial level on behalf of several clients regarding labour legislation. Howard frequently represents other lawyers and provides his opinions on complex employment matters when requested.
Howard has lectured at seminars across Canada, appearing at over 400 employment law conferences.
He is a recipient of the Governor General’s Award for Community Service and Citizenship.
AREAS OF PRACTICE
- Wrongful dismissal/Terminations
- Unjust dismissal
- Human rights
- Sexual harassment
- Workplace harassment
- Breach of fiduciary duty
- Employment contracts
- Workers’ compensation
- Workplace health & safety
- Injunctions restraining competition and information distribution
- Wrongful hiring
- Negligent misrepresentation
- Management labour relations law including certification & decertification of trade unions
Kathryn Marshall
Partner
Kathryn is a fearless and tireless advocate. She handles all areas of employment and human rights law, as well as personal injury cases involving sexual misconduct. Kathryn understands that work is a core part of a person’s life. She has represented thousands of people, from students, journalists, educators and nurses, to physicians, CEO’s, politicians, executives and even an ambassador. She handles everything from contract negotiation to litigation involving wrongful termination.
Not afraid of a fight, Kathryn has made a name for herself litigating high-profile cases. Kathryn is known for taking on major corporations, governments and powerful institutions. Some of Kathryn’s noteworthy cases include representing a wrongfully accused soldier against the military, acting for a whistleblower political staffer against the government and fighting for an indigenous student against Canada’s most powerful foundation.
Kathryn has been providing media commentary and writing columns for the past 15 years. She writes an influential column for the National Post. Kathryn is passionate about improving the law and fixing injustices and inequalities. Kathryn helped write new employment law as part of a special committee on the future of work, appointed by the government of Ontario. This included both the ban on non-compete clauses and the right to disconnect. She has also provided testimony to the federal Parliament about ways to enhance legal protections for vulnerable girls and women.
For the past 3 years, Kathryn has been voted as a top employment lawyer in Toronto. She has also been nominated by Canadian Lawyer Magazine as one of Canada’s most influential human rights lawyers. She is the recipient of the Queen Elizabeth II Diamond Jubilee medal, which recognizes contributions by Canadians to their communities. Her cases are regularly featured in the mainstream and legal media.
In her spare time, Kathryn enjoys travelling, writing and spending time with her young family and two Russian Blue cats.
From: David Amos <david.raymond.amos333@gmail.com>
Date: Sat, Oct 8, 2022 at 3:51 PM
Subject: Attn Kathryn Marshall I called and left a a voicemail about Patricia Jaggernauth's concerns with Bell Media Correct?
To: <kmarshall@levittllp.com>, <jason.laszlo@bell.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>
From: "Garcia, Patricia" <Patricia.Garcia@bellmedia.ca>
Date: Sat, 8 Oct 2022 18:32:04 +0000
Subject: Automatic reply: [EXT]RE My replies to Patricia Jaggernauth's
Tweet about the CBC news of her concerns with Bell Media
To: David Amos <david.raymond.amos333@gmail.c
-- OUT OF OFFICE ALERT --
Thank you for your email. I'm out of office, returning Friday Oct. 14.
Please contact jason.laszlo@bell.ca if you require immediate
assistance.
Thank you,
Patricia
---------- Original message ----------
From: Postmaster@bbc.co.uk
Date: Sat, 8 Oct 2022 19:35:36 +0100
Subject: Undeliverable: Fwd: Thanks for reaching out Re: RE My replies
to Patricia Jaggernauth's Tweet about the CBC news of her concerns
with Bell Media
To: david.raymond.amos333@gmail.co
Delivery has failed to these recipients or groups:
newsonline@bbc.co.uk<mailto:ne
The recipient won't be able to receive this message because it's too large.
The maximum message size that's allowed is 1 KB. This message is 6 KB.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Sat, 8 Oct 2022 15:35:33 -0300
Subject: Fwd: Thanks for reaching out Re: RE My replies to Patricia
Jaggernauth's Tweet about the CBC news of her concerns with Bell Media
To: newsonline@bbc.co.uk
Cc: motomaniac333 <motomaniac333@gmail.com>
https://davidraymondamos3.blog
Delivery has failed to these recipients or groups:
newsonline (newsonline@bbc.co.uk)
The recipient won't be able to receive this message because it's too large.
The maximum message size that's allowed is 1 KB. This message is 23 KB
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---------- Original message ----------
From: Canadaland Editorial Team <editor@canadaland.com>
Date: Sat, 8 Oct 2022 11:32:25 -0700
Subject: Thanks for reaching out Re: RE My replies to Patricia
Jaggernauth's Tweet about the CBC news of her concerns with Bell Media
To: david.raymond.amos333@gmail.co
Hi!
Thanks for getting in touch with Canadaland! It's always nice to hear
from people (except, perhaps, the enthusiastic conspiracy theorists
who insist on sending us regular bulletins).
If this is a news tip, we will for sure read it. We sadly can't
respond to everything, but if it's something we decide to pursue,
we'll be in touch.
If this is a pitch for a freelance written or audio piece you'd like
to contribute, we'll endeavour to get back to you shortly.
If this is a request for a correction or clarification, we'll have a
look and consider it asap.
If this is something else — general feedback, a patron-related
inquiry, a communication from your own auto-responder such that this
is just two robots talking to each other — we'll make sure it gets
seen by the right person.
In any event: Thank you! Your support, participation, and/or concern
for accuracy means a lot.
The Editorial team at Canadaland
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Sat, 8 Oct 2022 15:31:56 -0300
Subject: RE My replies to Patricia Jaggernauth's Tweet about the CBC
news of her concerns with Bell Media
To: shanifa.nasser@cbc.ca, "silas.brown" <silas.brown@globalnews.ca>,
"macpherson.don" <macpherson.don@brunswicknews.
<macklamoureux@gmail.com>, "huras.adam"
<huras.adam@brunswicknews.com>
<newsonline@bbc.co.uk>, newstips <newstips@cnn.com>, news-tips
<news-tips@nytimes.com>, jesse <jesse@canadalandshow.com>,
"Jessica.ng" <Jessica.ng@bellmedia.ca>, jesse <jesse@jessebrown.ca>,
info@mediasmarts.ca, media@newslit.org, jackson.weaver@cbc.ca,
Omar.Sachedina@ctv.ca, Muriel.Draaisma@cbc.ca, Talia.Ricci@cbc.ca,
editor@canadaland.com, rob.duffy@bellmedia.ca,
Karine.Moses@bellmedia.ca, mark.langton@bell.ca,
thane.fotopoulos@bell.ca, patricia.garcia@bellmedia.ca, rfife
<rfife@globeandmail.com>, marie-eve.bergeron@bellmedia.c
david.chamberlain@ctv.ca, onthego@cbc.ca,
Michael.Melling@bellmedia.ca, Michael.Melling@ctv.ca
Cc: motomaniac333 <motomaniac333@gmail.com>, sheilagunnreid
<sheilagunnreid@gmail.com>, Newsroom <Newsroom@globeandmail.com>,
nsinvestigators <nsinvestigators@gmail.com>, oldmaison
<oldmaison@yahoo.com>, andre <andre@jafaust.com>, paulpalango
<paulpalango@protonmail.com>, NightTimePodcast
<NightTimePodcast@gmail.com>, "michael.macdonald"
<michael.macdonald@thecanadian
https://davidraymondamos3.blog
Saturday, 8 October 2022
CP24 personality alleges 'systemic pattern' of discrimination in human
rights claim against Bell Media
https://twitter.com/DavidRaym
𝐏𝐀𝐓𝐑𝐈𝐂𝐈𝐀 𝐉𝐀𝐆𝐆𝐄𝐑𝐍𝐀𝐔𝐓𝐇
@Patricia_J
·
I am relieved to be telling my story.
⠀⠀⠀⠀
Link to read in my profile and here:
https://cbc.ca/news/canada/tor
instagram.com
𝐏𝐀𝐓𝐑𝐈𝐂𝐈𝐀 𝐉𝐀𝐆𝐆𝐄𝐑𝐍𝐀𝐔𝐓𝐇 (@patricia_j) • Instagram photo
David Raymond Amos
@DavidRaymondAm1
Replying to @Patricia_J
Perhaps we should talk
12:02 PM · Oct 8, 2022
David Raymond Amos
@DavidRaymondAm1
Replying to DavidRaymondAm1 and @Patricia_J
FYI You some info byway of your website Please enjoy
patriciajtv.com I also called and left your lawyer a voicemail before
sending her and @CBCNews
@CTVNews @globalnews @globeandmail @postmedianet the same info and
publishing it in my blog
https://davidraymondamos3.blo
www.patriciajtv.com
patriciajtv.com
www.patriciajtv.com
PATRICIA JAGGERNAUTH
2:53 PM · Oct 8, 2022
https://www.cbc.ca/news/canada
CP24 personality alleges 'systemic pattern' of discrimination in human
rights claim against Bell Media
Bell Media says it takes allegations of discrimination ‘very seriously’
Shanifa Nasser · CBC News · Posted: Oct 07, 2022 3:22 PM ET
In a complaint filed with the Canadian Human Rights Commission on
Wednesday, Patricia Jaggernauth, a weather specialist, remote reporter
and co-host for the Bell-owned news channel CP24, describes being
repeatedly passed over for promotions and earning less than a living
wage. (Robert Krbavac/CBC)
A well-known Toronto television personality has filed a human rights
complaint against Bell Media, alleging "a systemic pattern" of racism,
sexism and discrimination, adding that during her 11 years with the
company, she was "treated as a token and a commodity."
In a complaint filed with the Canadian Human Rights Commission on
Wednesday, Patricia Jaggernauth, a weather specialist, remote reporter
and co-host for the Bell-owned news channel CP24, describes being
repeatedly passed over for promotions and earning less than a living
wage.
Jaggernauth says she watched as white colleagues, often newer ones,
made it higher up the corporate ladder, while she wasn't even offered
a contract — something she attributes to the fact that she is a
racialized woman.
Part Guyanese and part Jamaican, Jaggernauth claims she was denied
full-time stable employment and was instead forced to work weeks
straight without a day off — an experience she says landed her in
hospital with pneumonia because she felt she had no choice but to put
work ahead of her health.
"I almost died doing what I loved because a freelancer can't say no.
Every hour is bread, every hour is rent, every hour is that tank of
gas," said Jaggernauth, who resigned from Bell Media last Tuesday.
In an email to CBC News, a Bell Media spokesperson said, "We do not
comment on matters involving current or former staff members, but can
confirm that Bell Media takes allegations of any potential
discrimination very seriously, and are committed to a safe, inclusive,
and respectful work environment where employees can thrive.
"If a matter is brought to our attention where an employee did not
feel adequately supported, a process is triggered to review and
address when required."
'Good enough to fill in but never ... to invest in'
In an exclusive interview with CBC News, Jaggernauth broke her silence
about her time at Bell.
At first, she said, landing a job there felt like "a dream."
WATCH | Patricia Jaggernauth speaks about working for years without a
contract at Bell:
'How come I was never enough?'
21 hours ago
Duration 0:41
Journalist Patricia Jaggernauth alleges she was repeatedly passed up
for job opportunities at CP24, leaving her struggling with her mental
health.
"I'm the girl living in metro housing that got out. I'm the one that
was never supposed to succeed," she said. "I knew that I loved people,
I loved community, I loved conversation ... And where I was working
provided that — but not ever on a contractual basis, always as a
fill-in.
"How come I'm always good enough to fill in but never good enough to invest in?"
Jaggernauth says she was guaranteed just two days of work each week,
and called at random to fill in for hosts who were off sick or away.
With no certainty as to what her weeks would look like, she says she
relied on the ability to take on other jobs to supplement her income —
something she had done throughout her time there.
This past summer, management moved to limit that ability, blocking her
from performing any paid activities outside of the company without
management approval, according to her formal complaint. The rule was
originally created in 2019 when Bell employees unionized, but was
never enforced until this year, she says.
"Bell has done this while at the same time denying Ms. Jaggernauth
promotions she has earned and is qualified for, and while refusing to
provide her with full-time work," the complaint reads.
"At Bell, people of colour are cynically used as tokens," it adds.
Long days, short turnarounds led to breakdown: complaint
Jaggernauth's complaint comes on the heels of Bell Media's recent
dismissal of celebrated chief anchor Lisa LaFlamme, who said she was
"blindsided" when the company ended her contract at CTV National after
more than 30 years as part of a "business decision." The move caused
an uproar and in the days that followed, CTV News executive Michael
Melling went on leave from the company.
In 2019, Jaggernauth says she contracted a virus and was hospitalized
after "years of long days, short turnarounds, lengthy work stretches
and being told to work for weeks upon weeks, non-stop."
Lisa LaFlamme 'blindsided' by cancellation of contract with CTV
CTV exec goes on leave after Lisa LaFlamme controversy
After a three-month unpaid sick leave, she says she pleaded with Bell
for more stability. What she was offered, she says, was a part-time
contract formalizing her two days of work per week and giving her
access to medical and dental benefits — with no additional shifts, no
change to her wage and no ability to continue freelancing outside of
Bell.
The complaint says the treatment Jaggernauth faced led her to suffer
"a breakdown" during the most recent Bell Let's Talk Day while live on
the air. In the segment, later posted to YouTube by CP24, five hosts
open up about their mental health.
The last host to share is Jaggernauth, who speaks candidly about her
personal and professional struggles, including the toll of working
weekends for 11 years.
"I'm going to cry. Oh my God," says in the segment, tearing up. "In
this industry what I've found is you get to be in the bright lights,
you know, here you have this amazing career and people think you're a
multi-millionaire, you're so lucky, but do you want to put my shoes on
guys?"
Jaggernauth alleges none of her supervisors reached out at the time.
The complaint says the treatment Jaggernauth faced led her to suffer
'a breakdown' during Bell Let's Talk Day while live on the air. In the
segment, posted to YouTube by CP24, five hosts open up about their
mental health. (CP24/YouTube)
'I'm walking away and I will persevere'
It wasn't until two weeks later when she reached out to her manager
for help that a therapist was offered, she says. Ineligible for
therapy through a benefits plan, Jaggernauth says she was finally
offered a Bell-recommended therapist, but ultimately says she didn't
feel safe with the arrangement and declined the help.
The complaint says Jaggernauth had repeated conversations with
management about her concerns at Bell — concerns she says were not
taken seriously. Among those she spoke to were Melling and the
company's president, "however her complaints were sidelined,"
according to the complaint.
Firing of Lisa LaFlamme sends discouraging message to young
journalists, experts say
Bell Media employees are part of a union, however given settlements
between employers and unions are often kept secret through
non-disclosure agreements, Jaggernauth says she felt a human rights
complaint was the best way forward.
A complaint at the commission can not only result in payment of denied
wages but also monetary damages for alleged discrimination. It can
also force policy changes such as pay equity, says Jaggernauth's
lawyer Kathryn Marshall of the firm Levitt Sheikh.
Jaggernauth says for her, the complaint goes beyond money — it's also
about demanding change for women who look like her in the industry and
for women overall.
As for her next steps, she says, "I came from hardship. I persevered.
I started this career with hardship and I persevered, and I'm walking
away and I will persevere."
ABOUT THE AUTHOR
Shanifa Nasser
Reporter-Editor
Shanifa Nasser is a Toronto-based reporter with CBC News interested in
religion, race, national security, the justice system and stories with
a heartbeat. She holds an MA in the Study of Religion from the
University of Toronto. Her reporting has led to two investigative
documentaries by The Fifth Estate. Reach her at: shanifa.nasser@cbc.ca
Follow Shanifa Nasser on Twitter
With files from Angelina King
CBC's Journalistic Standards and Practices
https://patriciajtv.com/
PATRICIA JAGGERNAUTH
is a media JUGGERNAUT!
More about Patricia, the media juggernaut:
With a career of more than 20 years as a professional television host
& media heavy weight, Patricia Jaggernauth is an EMMY Award Winning &
Canadian award winning personality who is celebrated across North
America as an exuberant storyteller of LIVE television. Most notably
seen on CP24, Toronto’s Breaking News, working with Toronto #1 news
team and #1 morning show across Canada, on CP24 Breakfast as a beloved
co-host, LIVE EYE/remote host, weather specialist & special
presentation host (lead host of the star studded Caribbean Carnival
for 9 Years, St. Patrick’s Day Parade & Pride Parade) broadcasting to
millions across the region.
Patricia also frequents CTV's Your Morning as Co-Host & Weather
Presenter broadcasting nationally across Canada as well as CTV Toronto
as Weather Specialist broacasting to millions of Canadians.
Patricia also adds E! News and NBC to her resume having co-hosted the
daytime talk show “E! Daily POP” LIVE from Los Angeles, California.
Patricia has also appeared on BBC WORLD NEWS & PBS NEWS to an audience
of more than 110 million, LIVE!
Patricia is the host & executive producer of “The Patricia J Show”
seen across Canada on demand on Bell Fibe TV1 and internationally
online. Patricia invites celebrities, professional athletes and social
icons to share stories of struggle, inspiration and special moments.
Her trending hashtag #REALTALKREALCONVERSATION is the essence of her
brand and has brought all conversation back to being REAL!
As the most followed & recognized television personality at CP24, CTV
(Canada’s #1 Network) and Bell Media studios, Patricia has now become
one of the most followed television personalities in Canadian
television with more than 500 thousand accumulated social media
followers across all social media platforms – 381 thousand on
Instagram alone!
Patricia frequents the stage as a highly requested LIVE event host,
hosting a plethora of events across North America of all genres to
crowds in the thousands. Patricia hosts close to 25 live events per
year!
Patricia's IG talk series: "LIVE WITH PJ" is available *exclusively*
on Patricia's IGTV and IG LIVE. With "REAL TALK, REAL CONVERSATION",
the platform was created during COVID-19 and the BLM movement to
provide a space to have powerful and uplifting conversations. The show
has seen hundreds of thousands of viewers thus far, both LIVE and on
IGTV, with interviews from highly notable guests including political
heavyweights, advocates, notable television personalities, business
moguls, Grammy Award Winning musicians, world class photographers and
celebrities, ALL of which are friends and supporters of Patricia! This
show is a true HIT and fan favourite!
She is also the CEO & Creative Director of www.PJGLAMGIRL.com, an
online glam fashion boutique created by Patricia Jaggernauth herself.
As national spokesperson for arrive alive DRIVE SOBER for more than 8
years strong with a clear mission to eliminate impaired driving in
Ontario and across the nation, she currently can been seen and heard
singing her national 30 second tv + radio public service announcement
which plays on high rotation. Her original song: "Arrive Alive” was
produced by Universal Music Canada.
Patricia is the President & CEO of PJ11 ENTERTAINMENT LTD. producing
talk shows, web series, reality tv, social media campaigns and events
across North America.
Patricia has her O-1B USA WORK VISA and is available for immediate
hire in both the UNITED STATES OF AMERICA, EUROPE & CANADA.
*Contact Patricia*
Bookings, Inquiries & Personal Messages
RE My reply to your Tweet
David Raymond Amos
@DavidRaymondAm1
Replying to @Patricia_J
Perhaps we should talk
12:02 PM · Oct 8, 2022
Here is a scoop for a Freelance Journalist
Ask yourself why Lisa LaFlamme et al are still playing dumb after two months
https://davidraymondamos3.blog
Monday, 15 August 2022
Lisa LaFlamme 'blindsided' by cancellation of contract with CTV
---------- Original message ----------
From: "Sachedina, Omar" <Omar.Sachedina@bellmedia.ca>
Date: Wed, 17 Aug 2022 20:36:08 +0000
Subject: Automatic reply: [EXT]Perhaps Lisa LaFlamme and I should talk
EH Katie???
To: David Amos <david.raymond.amos333@gmail.c
Thank you for your message.
I am away until November 1st with intermittent access to email.
If your matter is urgent, please call the CTV National News Assignment
Desk at 416-384-7400.
Better yet ask yourself why the News Anchor in the Maritimes had no
clue what I was talking about even though his corporate lawyers took
over 3 days to print my documents after I ran for a seat in Parliament
the first time which was over 2 years after W5 asked me for more info
about my lawsuits in the USA in 2002
https://www.youtube.com/watch?
Me,Myself and I
393 views
Apr 2, 2013
45 subscribers
----- Original Message -----
From: martine.turcotte@bell.ca
To: motomaniac_02186@hotmail.com
Cc: bcecomms@bce.ca ; W-Five@ctv.ca
Sent: Thursday, August 19, 2004 9:28 AM
Subject: RE: I am curious
Mr. Amos, I confirm that I have received your documentation. There is
no need to send us a hard copy. As you have said yourself, the
documentation is very voluminous and after 3 days, we are still in the
process of printing it. I have asked one of my lawyers to review it
in my absence and report back to me upon my return in the office. We
will then provide you with a reply.
Martine Turcotte
Chief Legal Officer / Chef principal du service juridique
BCE Inc. / Bell Canada
1000 de La Gauchetière ouest, bureau 3700
Montréal (Qc) H3B 4Y7
Tel: (514) 870-4637
Fax: (514) 870-4877
email: martine.turcotte@bell.ca
Executive Assistant / Assistante à la haute direction: Diane Valade
Tel: (514) 870-4638
email: diane.valade@bell.ca
Trust that I have lots to tell about CBC and why they write about you
and Laflamme but ever about my actions and concerns
Thank you for your personal inquiry to Patricia! PJ and/or a member of
her team will get back to you as soon ask possible!
https://www.canadianlawlist.c
Kathryn Marshall
Called to the bar: 2013 (BC); 2015 (ON)
Levitt LLP
Partner
130 Adelaide St. W., Ste. 801
Toronto, Ontario M5H 3P5
Phone: 416-594-3900
Fax: 416-597-3396
Email: kmarshall@levittllp.com
https://www.levittllp.com/abou
https://www.cbc.ca/news/canada
CP24 personality alleges 'systemic pattern' of discrimination in human
rights claim against Bell Media
Bell Media says it takes allegations of discrimination ‘very seriously’
Shanifa Nasser · CBC News · Posted: Oct 07, 2022 3:22 PM ET
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, Aug 14, 2024 at 3:33 AM
Subject: The Professional Institute of the Public Service of Canada has filed a bad faith bargaining complaint against the Canada Revenue Agency
To: Howard Levitt <hlevitt@levittllp.com>
Cc: <jfillion@pipsc.ca>, Diane.Lebouthillier <Diane.Lebouthillier@parl.gc.ca>, <Claude.Bernier@cbsa-asfc.gc.ca>
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