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 Posts

First impressions of SCC examination of exclusionary clauses

By Barry B. Fisher In this case, the Supreme Court of Canada deals with exclusionary clauses in employment contracts: Read more

Six steps to selecting an employment mediator

Choosing the right mediator is a vital first step in settling your case, so it’s essential to make an informed decision, says Toronto employment mediator and arbitrator Barry B. Fisher. Read more

Employer loses case because it used ‘or’ instead of ‘and’

By Barry B. Fisher In this case, the judge had to determine the validity of the following termination clause: Read more

OCA finally sets limits on reasonable notice

By Barry B. Fisher In this case, the Ontario Court of Appeal struck down a 30 month notice period and reduced it to 24 months. Read more

Mediation is safest way to handle termination pay grey areas

Grey areas in the law surrounding termination clauses are great for mediators but bad for public policy, says Toronto employment mediator and arbitrator Barry B. Fisher. Read more

OCA distinguishes employee rights v. shareholder rights

By Barry B. Fisher In this case, the Court of Appeal revised a trial decision where an executive was given 26 months notice. Read more

Do all arbitration clauses in employment agreements violate the ESA?

By Barry B. Fisher In this case, the judge was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows: Read more

Top 10 tips on how to prepare for mediation: Fisher

People entering mediation after their job has been terminated can improve their chances of success if they bring proper documentation and the right mindset to the process, says Toronto employment lawyer and mediator Barry Fisher. Read more

Costs award reduced from $171,000 to zilch

By Barry Fisher In this case , the judge was called upon to reconsider his trial award of costs after the Court of Appeal reduced the plaintiff’s damages from $137,000 to $57,000. Read more

Mutual release set aside due to fraudulent misrepresentation

By Barry B. Fisher . In this case , the Ontario Court of Appeal upheld the lower courts’ decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars. Read more

Case offers clarity to question of duty to mitigate: Fisher

Employees who have lousy jobs are obligated to look for similar gigs if they’re terminated, rather than take a package and be retrained at their former employer’s expense, says Toronto employment lawyer Barry Fisher. Read more

Five years doing zilch gets lawsuit booted for delay

By Barry B. Fisher . In this case , the master dealt with a wrongful dismissal action where the employee was fired in 2011. The lawsuit was started in 2013, two days before the expiry of the limitation period. The pleadings were completed within one year and then nothing happened until 2018 when the registrar dismissed the case for delay. Read more

Slap across the face gets plaintiff $65,000

By Barry B. Fisher . In this case , the judge, in a motion for default judgment, had the following fact situation: The plaintiff, a 73-year-old female clerk with 19 years’ service, was verbally harassed by a male co-worker on a number of occasions. Twice she complained to her employer, who did zilch. Read more

Calculating bonuses in mediation is tricky business: Fisher

Setting a value for bonuses or potential future income during mediation in a dismissal case can be tricky for mediators, but there are a few templates available to make the process manageable, says Toronto employment mediator and arbitrator Barry B. Fisher. Read more

Frustration of employment contract can be plead by employee, employer

By Barry B. Fisher . In this case , the judge had a case where the plaintiff had been off on disability for eight years and had no hope of returning to work. This judgment confirmed that the doctrine of frustration is a matter of law, thus either party can claim that the employment contract has been frustrated. Read more