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
Internal war at Court of Appeal breeds termination clause uncertainty

Two warring interpretive approaches to employment contracts are driving an inconsistency in the treatment of termination clauses by the Ontario Court of Appeal (OCA), Toronto ... Read more

Once resignation accepted by employer, employee cannot resile

By Barry B. Fisher In this case , the judge had a situation where an employee gave her employer four months’ notice of her resignation because she did not want to be ... Read more

Confidentiality in mediation

Confidentiality means different things to different people, Toronto employment law mediators Barry B. Fisher and  Peter Israel tell . The ... Read more

Evaluative mediation not for the faint of heart

Don’t expect Toronto employment law mediators Barry B. Fisher or  Peter Israel to act as mere messengers between parties at your mediation. ... Read more

Staying on LTD after termination can be evidence of frustration

By Barry B. Fisher In this case , Pollak J. had a situation where a 10-year employee went on STD and then LTD in 2012. In 2014, the insurer found that the employee was ... Read more

Appeal court unnecessarily complicates law on mitigation: Fisher

Ripple effects are being felt from an Ontario Court of Appeal (OCA) decision that needlessly complicated the calculation of mitigation income, says Toronto employment mediator and ... Read more

Face-to-face first meetings vital in legal matters

Lawyers should meet with their clients in person to determine the true issues of a file, says Toronto employment mediator and arbitrator  Barry B. Fisher . "There's ... Read more

Frustration does not apply when employer refuses employee other jobs

By Barry B. Fisher In this case , Justice Conway, on appeal, had the following situation: [The respondent] worked for [the appellant] at its [casino] for 10 years, ... Read more

OSC awards $100K punitive, $25K moral damages to president

By Barry B. Fisher In this case , the judge awarded 19 months' notice to a 54-year-old president making $289,000/year with 11 years’ service. However, the ... Read more

Court orders wide financial disclosure in dismissal case

By Barry B. Fisher In this case , the master had a situation where the dispute centred around the basis for how the employer could alter the plaintiff’s commission ... Read more

Court sets out four elements to set aside a release

By Barry B. Fisher In this matter , the judge had a case where a manager sought to set aside a release that she had signed upon being terminated with allegations of just ... Read more

Refusing to accept offer from purchaser not failure to mitigate

By Barry B. Fisher In this case , two long-term plaintiffs were told that the employer was selling the division that they worked for to another company and that the other ... Read more

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

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