Richard J. Charney

Biography

Richard Charney practises management labour relations and employment law, a field in which he is widely recognized as an advocate on behalf of national and local clients. Mr. Charney is Toronto Chair of our Employment and Labour Law Group.

He acts for several employers and employers' organizations and appears at provincial and federal labour relations boards and the courts, including the Supreme Court of Canada, and before rights and interest labour arbitration tribunals. He also advises on all matters of employment and law and legislative reform.

Mr. Charney's practice also involves collective bargaining on behalf of employers, employment standards, human rights, wrongful dismissal, workplace health and safety and constitutional law. He is particularly active as an advocate before national labour tribunals such as the Canada Industrial Relations Board, which has jurisdiction over transportation and similar national industries; the Ontario Labour Relations Board, which has jurisdiction in provincial industries such as construction; and in judicial review challenges to tribunal determinations in the federal and provincial superior courts. He is also a leading labour counsel to a variety of well-known arts and cultural organizations in Canada.

Year of Call

• Ontario Bar 1983

Law School

• LL.M., University of Cambridge, 1982
• LL.B., University of Western Ontario, 1980

Publications

• "Judicial Review of Arbitral Decisions," chapter 7 in Collective Agreement Arbitration in Canada (4th ed.), Palmer & Snyder, LexisNexis Canada Inc., Markham, Ontario, 2009.
• "Drug and Alcohol Testing Policies Upheld by Arbitrator --Keeping Current" (co-author), CCH Ultimate HR Manual, February 2009.
• "Drug and Alcohol Testing Policies Upheld by Arbitrator --Keeping Current" (co-author),  18 Can. Corp. Counsel 72, 2009.
• Judicial Review in Labour Law (co-author; recipient of Walter Owen Book Prize, 1999), Canada Law Book, Aurora, Ontario, 1997.
• "Damage Awards in Ontario Jurisdictional Disputes - An Important New Ruling Takes the Board Half the Distance" (co-author), 3 Can. Lab & Emp L.J. 487, 1995.
• "Employment Equity Revisited: Changes and Enforcement" (co-author), 3 Can. Corp. Counsel 20, 1993.
• "Employment Equity Sets New Criteria for Company Workforce" (co-author), 3 Can. Corp. Counsel 1, 1993.
• "Getting Ready for Pay Equity: A Handbook for Employers," 4 Bus. & Law 93, 1987.
• "Death in the Workplace: Workers' Compensation Legislation" (co-author), 3 Bus. & Law 90, 1986.

Speaking Engagements

• "Handling Terminations With or Without Cause," Conference on Workplace Restructuring, The Canadian Institute, Toronto, July 10, 2009.
• Conference on Workplace Restructuring (co-chair), The Canadian Institute, Toronto, July 9 and 10, 2009.
• Construction Labour Relations Conference (co-chair), Insight Information, Toronto, April 30 and May 1, 2009.
• "Recession Issues" (panelist), Construction Labour Relations Conference, Insight Information, Toronto, April 30, 2009.
• "Restructuring Workplaces in Challenging Times," Ogilvy Renault Client Conference, Toronto, April 1, 2009.
• "Recent Activities/Joint Initiatives and the Latest Labour Law Developments" (panelist), Mechanical Contractors Association Ontario Annual Conference, Panama, March 24, 2009.
• "Impact of the Employee Free Choice Act:  Lessons from the Canadian Experience," Labor/Industrial Relations Advisory Group, Sunny Isles Beach, Florida, February 25, 2009.
• "Employee Privacy:  Walking the Tightrope," Ontario Bar Association Institute, Toronto, February 3, 2009.
• "Drug and Alcohol Testing by Employers in Canada," Sarnia Construction Association, Sarnia, January 29, 2009. 
• "Innovative Solutions in Accommodating Drug, Alcohol, and Other Addictions," The Canadian Institute, Toronto, January 27, 2009.
• Discrimination in the Workplace:  Accommodating Accommodation (course leader), Lexpert Events, Toronto, December 1, 2008.
• "Labour Boards Law and Policy:  Measuring the Impact" (panelist), Lancaster House, Toronto, October 8, 2008.
• "Managing Absenteeism, Accommodation and Disability in the Workplace," Ogilvy Renault LLP Client Conference, Brampton, May 30, 2008.
• Workplace Alcohol and Drug Testing Conference (co-chair), Insight Information, Toronto, May 26, 2008.
• "Detailed Review of Current Legal Developments Relating to Alcohol and Drug Testing" (panelist), Workplace Alcohol and Drug Testing Conference, Insight Information, Toronto, May 26, 2008. 
• "The Employee's Duty to Participate in the Accommodation Process," Police Employment 2008 Conference, Toronto, March 4, 2008.
• "Protecting an Organization from Departing—and Arriving—Employees," The Canadian Institute, Toronto, October 29, 2007.
• Construction Labour Relations (co-chair), Insight Information, Toronto, October 18 and 19, 2007.
• "Discipline and Discharge in the Construction Industry," Construction Labour Relations Conference, Insight Information,  Toronto, October 18, 2007.
• "Relief from ICI Obligations" (moderator), Construction Labour Relations Conference, Insight Information, Toronto, October 18, 2007.
• "Cooperate or Evaporate: Losing the Right to Accommodation," Insight Information, Toronto, June 14, 2007.
• "Accommodating Addictions and an Update on Drug and Alcohol Testing," The Canadian Institute, Toronto, May 10, 2007.
• "Punitive Damages, Arbitrators and Standard of Review" (panelist), Ontario Bar Association, Toronto, May 3, 2007.
• "Negotiations," Mechanical Contractors Association Toronto, Markham, Ontario, April 19, 2007. 
• "Constructing Terminations and Layoffs in Construction," Mechanical Contractors Association Hamilton, Hamilton, February 15, 2007.
• "Changes to the Human Rights Code: A Legislative Update," Infonex Inc., Toronto, December 12, 2006.
• "Too Many Fronts: Parallel Proceedings & Choice of Forum," Canadian Bar Association National Administrative Law/Labour and Employment Law CLE Conference, Ottawa, November 24, 2006.
• "Managing with No Mandatory Retirement," Ogilvy Renault Client Conference, Mississauga, October 25, 2006.
• 6th Annual Advanced Forum on Employment Law (chair), The Canadian Institute, Toronto, October 19, 2006.
• "Employing Contracts of Employment," The Canadian Institute, Toronto, October 19, 2006.
• "Managing with No Mandatory Retirement," Canadian Association of University Solicitors, Kingston, September 8, 2006.
• "Constructing Terminations and Layoffs in Construction," Mechanical Contractors Association Toronto Seminar, Markham, May 9, 2006.
• "Recent Labour Legislation/Policy/Decisions of Impact on Mechanical Contractors across Ontario," Mechanical Contractors Association Ontario Annual Meeting, Varadero, Cuba, April 5, 2006.
• Construction Labour Relations (co-chair), Insight Information, London, Ontario, November 24, 2005.
• "Bill 144: For Whom the Bill Tolls?" Construction Labour Relations Conference, Insight Information, London, Ontario, November 24, 2005.
• "Legal and Practical Issues re Drug and Alcohol Testing in the Construction Industry," Construction Labour Relations Conference, Insight Information, London, Ontario, November 24, 2005.
• "Reading Between the Lines: The Hidden Language of Collective Agreements," Canadian Association of University Business Solicitors, Toronto, November 4, 2005.
• "Conducting an Effective Workplace Investigation," Retail Council of Canada, Toronto, September 20, 2005.
• "Bargaining Units & Chairs: A Conflict?" Canadian Association of University Solicitors, Halifax, September 16, 2005.
• "A Survey of the Supreme Court of Canada Jurisprudence on Judicial Review Following New Brunswick Liquor," Canadian Association of Council for Employers, Québec, September 9, 2005.
• "Dealing with Absenteeism: The Latest Word from the Courts," Ogilvy Renault Client Conference, Mississauga, June 23, 2005.
• Introductory Primer: Ontario Construction Labour Law (co-instructor), Insight Information, Toronto, April 8, 2005.
• "Recent Developments in Non-Construction Employer Applications" (panelist), Insight Information, Toronto, April 8, 2005.
• "Debating the New Certification Trends," (panelist), Insight Information, Toronto, April 7, 2005.
• Construction Labour Relations Conference (co-chair), Insight Information, Toronto, April 7 and 8, 2005.
• "Bill C-45: Understanding When an Act or Failure to Act becomes Criminal," Conference on Workplace Compliance, Insight Information, Toronto, September 28, 2004.
• Employment Terminations Best Practices Conference (chair), Federated Press, Toronto, September 21, 2004.
• "What Factors Need to be Considered when Terminating in a Unionized Setting," (panelist), Federated Press, Toronto, September 21, 2004.
• "Will Mandatory Retirement be Retired?" Police Association of Ontario Conference, Toronto, March 1, 2004.
• "Negotiations and Interest Arbitration," Toronto and Area Road Builders Association, Toronto, February 23, 2004.
• Bargaining Training Program Leader, Greater Toronto civil trades employers' organizations, Niagara-on-the-Lake, February 11 and 12, 2004.
• "Evolving Remedies in Labour Disputes" (panelist), Ontario Bar Association Institute 2004, Toronto, January 30, 2004.
• Conference on Labour Relations (co-chair), Insight Information, Toronto, January 20 and 21, 2004.
• "Sales, Common Employer and Bargaining Units," Ogilvy Renault Federal Labour Law Conference, Ottawa, November 26, 2003.
• "Accommodation and 'Undue Hardship': A Moving Target" (co-presenter), Human Resources Policy Association, Toronto, October 17, 2003.
•  "Protection of Employees' Personal Information in the Private Sector in Ontario," Ogilvy Renault Client Conference, Mississauga, September 30, 2003.
• "Managing Overseas Employees," National Association of College and University Attorneys' Annual Conference, Minneapolis, June 26, 2003.
• "Lessons Learned from the Trenches" (Panelist), Employment Law Alliance Global Conference, Montreal, June 7, 2003.
• "Hot Topics in Construction Labour Law," Mechanical Contractors Association Ontario Annual Conference, Estepona, Spain, May 5, 2003.
• Construction Labour Relations Conference (co-chair), Insight Information, Toronto, March 24 and 25, 2003.
• Introductory Primer: Ontario Construction Labour Law (co-instructor), Insight Information, Toronto, March 25, 2003.
• "Non-construction Employer Termination" (panelist), Insight Information, Toronto, March 24, 2003.
• "Labour Law Updates," Ontario Sewer and Watermain Construction Association Annual Conference, Collingwood, January 27, 2003.
• "Proving Just Cause: Lessons Learned from Federally Regulated Employers," Conference on Employee Terminations, Insight Information, Toronto, April 12, 2002.
• Labour Arbitration Seminar (lecturer), Osgoode Hall Law School, Toronto, February 6, 2002.
• "Issues of Professional Responsibility," Osgoode Hall Law School, Toronto, October 11, 2001.
• "Industrial Conflict," Osgoode Hall Law School, Toronto, June 13, 2001.
• "The New Canada Industrial Relations Board: Implementing Change" (panelist), University of Toronto Centre for Industrial Relations and Lancaster House Publishing, Toronto, April 15, 2001.
• Changes in Ontario Construction Labour Relations (co-chair), Centrum Information, Toronto, December 8, 2000.
• "Discipline and Discharge in the Unionized Workplace," Centre for Labour-Management Development, Toronto, November 30, 2000.
• "Legislative Challenges Facing Construction," 31st Annual Labour Relations Conference, Canadian Construction Association, Winnipeg, November 10, 2000.
• "Labour and Employment Law - an Overview," South Central Group of Ontario Land Surveyors, Toronto, May 4, 2000.
• "The Politicization of Labour Law in Ontario," Mechanical Contractors Association Ontario Annual Meeting, Cancun, Mexico, April 15, 2000.
• "Termination Documents," Conference on Employee Discharge and Documentation in Ontario, Lorman Education Services, Ottawa, April 12, 2000.
• Labour Arbitration Seminar (lecturer), Osgoode Hall Law School, Toronto, May 4, 2000.
• "The Politicization of Labour Law in Ontario," Ontario Sewer and Watermain Construction Association Annual Conference, Cancun, Mexico, February 2, 2000.
• "Labour and Employment Law: The New Canada Industrial Relations Board after One Year," (panelist), The Annual CBA Administrative and Labour Law CLE Update, Ottawa, November 20, 1999.
• "Non-construction Employers" (panelist), Conference on Construction Labour Law for the New Millennium, Insight Information, Toronto, November 4, 1999.
•  "Practical Implications of Changes to the Bargaining Cycle" (speaker and event co-chair) Canada Industrial Relations Board Practice and Procedure, Centrum Information, Toronto, September 22, 1999.

Media Highlights

• "Exxon Valdez Changed Game On Drug, Alcohol Testing," Globe and Mail, June 16, 2010.
• "CIBC Loses Age Discrimination Case," BNN, December 29, 2009.

Rankings and Recognitions

• PLC Which Lawyer? Cross-border Labour and Employee Benefits Handbook
• The Best Lawyers in Canada, 2010 - Labour and Employment Law
• Canadian HR Reporter's Canada's Employment Lawyers Directory, 2009
• Walter Owen Book Prize, 1999
• Martindale-Hubbell - "AV" rating
• The International Who's Who of Management Labour and Employment Lawyers
• Guide to the World's Leading Labour and Employment Lawyers
• Canadian Who's Who
• PLC's Which Lawyer? Yearbook
• Lexpert

Memberships and Activities

• Not-for-Profit Organization in Toronto
  • Chair, Board Committee, 2006 to present
  • Member, Board Finance Committee, 2006 to present
  • Board of Trustees,  2003-2006
• Ontario Labour Relations Board Construction Litigation Committee
  • December 1995-present
• Association of Canadian Orchestras
  • 1995-1997
• Adjunct Professor, University of Toronto Faculty of Law, 2006 to present
• Faculty Member, Osgoode Hall Law School Graduate Program (Instructor in Collective Bargaining), 2001-2002
• Teaching Assistant, University of Western Ontario Legal Writing and Moot Court Program, 1979-1980