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
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

Mediators of all vintages must earn parties' trust

No good mediator should take the trust of the parties for granted, Toronto employment law mediators Barry B. Fisher and  Peter Israel tell  AdvocateDaily.com . 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

$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. 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. 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 and  Peter Israel tell  AdvocateDaily.com . 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 to be sold back to the defendant upon termination of employment. From time to time the defendant would issue bonuses to shareholders, which I assume were like dividends. The trial judge awarded the plaintiff the bonuses that would have been paid to her had she been employed during the 11 month notice period that was awarded. 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 produced in an Affidavit of Documents. 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 employment mediator and arbitrator  Barry B. Fisher tells  AdvocateDaily.com . 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 involved in an upcoming computer conversion that was planned. The employer accepted her resignation and started to make plans to redistribute her work. Read more

Confidentiality in mediation

Confidentiality means different things to different people, Toronto employment law mediators Barry B. Fisher and  Peter Israel tell  AdvocateDaily.com . 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 permanently disabled from performing both his own and any occupation. One year later, the employer reviewed the file and concluded that the contract had become frustrated, terminated him and paid him his ESA minimums. Read more

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