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
$300,000 awarded for aggravated and punitive damages

By Barry B. Fisher In this case , the judge awarded a chief building official (CBO) $200K in punitive damages and $100K for aggravated damages. With the full knowledge of ... Read more

Refusal to accept recall after illegal layoff failure to mitigate

By Barry B. Fisher In this case , the judge assessed the notice period for a 50-year-old health and training specialist with 23.5 years service at 18 months. The ... Read more

Non-legal considerations loom large in employment mediations

Non-legal concerns often figure prominently in employment mediations, and each party's issues tend to be different, Toronto employment law mediators Barry B. Fisher ... Read more

OCA says shares held by employee valued at date of termination

By Barry B. Fisher In this case , the court had a situation where the plaintiff held private shares in the defendant which, pursuant to a shareholders agreement, were deemed ... Read more

Not a privilege between management and HR

By Barry B. Fisher In this case , Master Champagne had to decide whether a series of emails between senior management and the human resources department had to be ... Read more

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

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