Barry B. Fisher

Barry B. Fisher
Barry Fisher Arbitration & Mediation
Sole Practioner
ADR, Employment & Labour, Mediation

Barry B. Fisher, a sole practitioner operating the Toronto law firm Barry Fisher Arbitration & Mediation, focuses on employment and labour relation matters.

He graduated with a Bachelor of Arts from the University of Toronto in 1976, before earning his Bachelor of Laws from Osgoode Hall Law School in 1977. Mr. Fisher was called to the Ontario Bar in 1979.

In addition, he received a Certificate in Fundamentals of Mediation from The Mediation Academy and a Certificate in Advanced Mediation from Harvard Law School in 1996.

Mr. Fisher has worked more than 30 years as an employment lawyer, and has been an alternative dispute resolution (ADR) practitioner since 1987.

With both employers and employees as clients, he practises the evaluative method of mediation and has presented at seminars and educational courses on issues relating to employment law, labour law, and ADR at law schools and law associations.

Mr. Fisher is the author of the Wrongful Dismissal Database, an online database designed to assist lawyers and human resource professionals in determining reasonable notice.

He received the 2011 Award of Excellence in ADR from the Ontario Bar Association. He was also named a Distinguished Fellow of the International Academy of Mediators, an organization of leading commercial mediators from around the world.

Mr. Fisher serves as chair of the Ontario Bar Association's ADR section and has sat on the executive of its labour and employment section.

He is a member of the Ontario Labour – Management Arbitrators' Association, the International Academy of Mediators, and the ADR Institute of Ontario.

Barry B. Fisher In The News
Pay transparency bill introduces conflict in provincial laws

Proposed legislation intended to bridge the pay gap for women could prove challenging for recruiters as well as employers, Toronto employment mediator and arbitrator  Barry ... Read more

Overturned release undermines settlements

Litigants should face a high bar to set aside releases after a judge allowed a woman to sue her old boss for sexual harassment despite a previous settlement with her former ... Read more

Class action fails due to arbitration clause

By Barry B. Fisher In this case , the judge was faced with a motion by the defendants to stay a class action seeking to declare drivers as employees for the purposes of the ... Read more

‘In accordance with ESA’ not good enough to oust reasonable notice

By Barry B. Fisher In this case , the Court of Appeal of Alberta dealt with a clause that said that upon termination the employee would only receive the notice “in ... Read more

Decision wrongly links punitive and moral damages to income

A record award in favour of a fired executive sends the wrong message about punitive and moral damages, Toronto employment mediator and arbitrator  Barry B. Fisher ... Read more

21 years at Company A + 1.7 years at Company B = 10 months’ notice

By Barry B. Fisher In this case , the Master in Chambers had a situation where an employee of 21 years was recruited by a headhunter to join the defendant. The job ... Read more

OCA upholds ESA related termination clause

By Barry B. Fisher In this case , the court was faced with the following termination clause: The Company’s policy with respect to termination is that employment ... Read more

Div. Ct overturns claim, SC awards $250,000 for similar behaviour

By Barry B. Fisher In this case , the Ontario Divisional Court overturned an award of $7,500 given to a 71-year-old security guard making $24,000/year. One of the reasons ... Read more

Civil route gives complainants more control: Fisher

TORONTO — Four actresses who allege they were sexually assaulted and harassed by Soulpepper Theatre founding artistic director Albert Schultz say they were motivated to ... Read more

Sham offers of reemployment after termination backfires big time

By Barry B. Fisher In this case , the judge had a situation where a 63-year-old advisor with 12.5 years’ service making $30,000/year was terminated without cause. ... Read more

‘Weinstein effect’ behind uptick in sexual misconduct complaints

When sexual abuse allegations directed at Hollywood movie producer Harvey Weinstein first came to light in October — leading to a tsunami of complaints against powerful men ... Read more

The spouse’s role in employment mediation

The best place for a plaintiff’s spouse during employment mediation is at their partner’s side, Toronto employment mediator and arbitrator Barry B. Fisher tells ... Read more

Two-pronged test for lack of work issue in Canada Labour Code

By Barry B. Fisher In this case , the adjudicator commented on the test to be used in determining whether an employer could rely on the “lack of work” or ... Read more

Mediator offers tips for writing compelling briefs

Mediation briefs should be written for their intended audience, and that's the mediator, not the client or the opposing lawyer, says Toronto employment mediator and ... Read more

Higher settlement rates with evaluative mediation

Mandatory mediation has proven to be successful in the Ontario jurisdictions where it’s been implemented, and expanding the program across the province would go a long ... Read more

Severance offers not accepted cannot be plead

By Barry B. Fisher In this case , the judge found that it was inappropriate for the defendant to plead in their defence that they had “offered the plaintiff a ... Read more

OCA decision likely to spur litigation

A recent Ontario Court of Appeal (OCA) decision that breaks down the notice period of when a worker is terminated into two parts creates a negative outcome for employment law, ... Read more

Plaintiff wins summary judgment, gets $24K for claim, $35K costs

By Barry B. Fisher In this case, the judge found that a 72-year-old security guard with 12 years’ service was entitled to 8.6 months notice and $7,500 for mental ... Read more

Unjust dismissal under CLC covers dependent contractors

By Barry B. Fisher In an adjudication under Part III of the Canada Labour Code (CLC) (unreported decision dated April 9, 2017), Adjudicator Daniel Cameron had to determine ... Read more

Lack of consistency in wrongful dismissal decisions

Inconsistency in how wrongful dismissal is dealt with by the courts is a clear indication that reform is needed, Toronto employment mediator and arbitrator Barry B. Fisher ... Read more

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