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 Chair of our Federal Labour and Employment Team.

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.

Mr. Charney was a faculty member of the Osgoode Hall Law School Graduate Program for the 2001-2002 academic year and in 2007 was appointed an Adjunct Professor at the University of Toronto Faculty of Law.

Year of Call

• Ontario Bar 1983

Law School

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

Publications

• Co-author, Judicial Review in Labour Law (Aurora, Ontario: Canada Law Book, 1997) (recipient of Walter Owen Book Prize, 1999)
• Co-author, "Damage Awards in Ontario Jurisdictional Disputes - An Important New Ruling Takes the Board Half the Distance" (1995), 3 Can. Lab & Emp L.J. 487
• Co-author, "Employment Equity Revisited: Changes and Enforcement" (1993), 3 Can. Corp. Counsel 20
• Co-author, "Employment Equity Sets New Criteria for Company Workforce" (1993), 3 Can. Corp. Counsel 1
• Author, "Getting Ready for Pay Equity: A Handbook for Employers" (1987), 4 Bus. & Law 93
• Co-author, "Death in the Workplace: Workers' Compensation Legislation" (1986), 3 Bus. & Law 90

Speaking Engagements

• Lectured at the University of Western Ontario Faculty of Law and Osgoode Hall Law School in Toronto
• Speaker, "Cooperate or Evaporate: Losing the Right to Accommodation", Insight Information Co., June 14, 2007, Toronto, Ontario
• Speaker, "Accommodating Addictions and an Update on Drug and Alcohol Testing", The Canadian Institute, May 10, 2007, Toronto, Ontario
• Panellist, "Punitive Damages, Arbitrators and Standard of Review", Ontario Bar Association, May 3, 2007, Toronto, Ontario
• Presenter, Negotiations, Mechanical Contractors Association Toronto, April 19, 2007, Markham, Ontario
• Speaker, "Constructing Terminations and Layoffs in Construction', Mechanical Contractors Association Hamilton, February 15, 2007, Hamilton, Ontario
• Speaker, "Changes to the Human Rights Code: A Legislative Update", Infonex Inc., December 12, 2006, Toronto, Ontario
• Speaker, "Too Many Fronts: Parallel Proceedings & Choice of Forum", Canadian Bar Association National Administrative Law/Labour and Employment Law CLE Conference, November 24, 2006, Ottawa, Ontario
• Speaker, "Managing with No Mandatory Retirement", Ogilvy Renault Client Conference, October 25, 2006, Mississauga, Ontario
• Chair, 6th Annual Advanced Forum on Employment Law, The Canadian Institute, October 19, 2006, Toronto, Ontario
• Speaker, "Employing Contracts of Employment", The Canadian Institute, October 19, 2006, Toronto, Ontario
• Speaker, "Managing with No Mandatory Retirement", Canadian Association of University Solicitors, September 8, 2006, Kingston, Ontario
• Speaker, "Constructing Terminations and Layoffs in Construction", Mechanical Contractors Association Toronto seminar, May 9, 2006, Markham, Ontario
• Speaker, "Recent Labour Legislation/Policy/Decisions of Impact on Mechanical Contractors across Ontario", Mechanical Contractors Association Ontario Annual Meeting, April 5, 2006, Varadero, Cuba
• Co-Chair, "Construction Labour Relations", Insight Information Co., November 24, 2005, London, Ontario
• Speaker, "Bill 144: For Whom the Bill Tolls?", Insight Construction Labour Relations Conference, November 24, 2005, London, Ontario
• Speaker, "Legal and Practical Issues re Drug and Alcohol Testing in the Construction Industry", Insight Information Co. Construction Labour Relations Conference, November 24, 2005, London, Ontario
• Speaker, "Reading Between the Lines: The Hidden Language of Collective Agreements", Canadian Association of University Business Solicitors, November 4, 2005, Toronto, Ontario
• Speaker, "Conducting an Effective Workplace Investigation", Retail Council of Canada, September 20, 2005, Toronto, Ontario
• Speaker, "Bargaining Units & Chairs: A Conflict?", Canadian Association of University Solicitors, September 16, 2005, Halifax, Nova Scotia
• Speaker, "A Survey of the Supreme Court of Canada Jurisprudence on Judicial Review following New Brunswick Liquor", Canadian Association of Council for Employers, September 9, 2005, Quebec City, Quebec
• Speaker, "Dealing with Absenteeism: The Latest Word from the Courts", Ogilvy Renault Client Conference, June 23, 2005, Mississauga, Ontario
• Co-instructor, "Introductory Primer: Ontario Construction Labour Law", Insight, April 8, 2005, Toronto, Ontario
• Panellist, "Recent Developments in Non-Construction Employer Applications", Insight, April 8, 2005, Toronto, Ontario
• Panellist, "Debating the New Certification Trends", Insight, April 7, 2005, Toronto, Ontario
• Co-chair, Construction Labour Relations Conference, Insight, April 7 to 8, 2005, Toronto, Ontario
• Speaker, "Bill C-45: Understanding When an Act or Failure to Act becomes Criminal", Insight Information Co. Conference on Workplace Compliance, September 28, 2004, Toronto, Ontario
• Chair, Employment Terminations Best Practices Conference, Federated Press, September 21, 2004, Toronto, Ontario
• Panellist, "What Factors Need to be Considered when Terminating in a Unionized Setting", Federated Press, September 21, 2004, Toronto, Ontario
• Speaker, "Will Mandatory Retirement be Retired?", Police Association of Ontario Conference, March 1, 2004, Toronto, Ontario
• Speaker, "Negotiations and Interest Arbitration", Toronto and Area Road Builders Association, February 23, 2004, Toronto, Ontario
• Bargaining Training Program Leader, Greater Toronto civil trades employers' organizations, February 11 and 12, 2004, Niagara-on-the-Lake, Ontario
• Panellist, "Evolving Remedies in Labour Disputes", Ontario Bar Association Institute 2004, January 30, 2004, Toronto, Ontario
• Co-Chair, Conference on Labour Relations, Insight, January 20 and 21, 2004, Toronto, Ontario
• Speaker, "Sales, Common Employer and Bargaining Units", Ogilvy Renault Federal Labour Law Conference, November 26, 2003, Ottawa, Ontario
• Co-Presenter, "Accommodation and 'Undue Hardship': A Moving Target", Human Resources Policy Association, October 17, 2003, Toronto
• Speaker, "The Protection of Employees' Personal Information in the Private Sector in Ontario", Ogilvy Renault Client Conference, September 30, 2003, Mississauga, Ontario
• Speaker, "Managing Overseas Employees", National Association of College and University Attorneys' Annual Conference, 2003, Minneapolis, Minnesota
• Panellist, "Lessons Learned from the Trenches", Employment Law Alliance Global Conference, June 7, 2003, Montreal, Quebec
• Speaker, "Hot Topics in Construction Labour Law", Mechanical Contractors Association Ontario Annual Conference, 2003, Estepona, Spain
• Co-chair, "Construction Labour Relations Conference", Insight, 2003, Toronto
• Co-instructor, "Introductory Primer: Ontario Construction Labour Law", Insight, 2003, Toronto
• Panellist, "Non-construction Employer Termination", Insight, 2003, Toronto
• Speaker, "Labour Law Updates", Ontario Sewer and Watermain Construction Association Annual Conference, 2003, Collingwood, Ontario
• Speaker, "Proving Just Cause: Lessons Learned from Federally Regulated Employers", Insight Information Co. Conference on Employee Terminations, 2002, Toronto
• Lecturer, Labour Arbitration Seminar, Osgoode Hall Law School, 2002, Toronto
• Lecturer, Issues of Professional Responsibility, Osgoode Hall Law School, 2001, Toronto
• Lecturer, "Industrial Conflict", Osgoode Hall Law School, 2001, Toronto
• Panellist, "The New Canada Industrial Relations Board: Implementing Change", University of Toronto Centre for Industrial Relations and Lancaster House Publishing, 2001, Toronto
• Co-chair, "Changes in Ontario Construction Labour Relations", Centrum Information, 2000, Toronto
• Presenter, "Discipline and Discharge in the Unionized Workplace", Centre for Labour-Management Development, 2000, Toronto
• Speaker, "Legislative Challenges Facing Construction", Canadian Construction Association Annual Labour Relations conference, 2000, Winnipeg
• Speaker, "Labour and Employment Law - an Overview", South Central Group of Ontario Land Surveyors, 2000, Toronto
• Speaker, "The Politicization of Labour Law in Ontario", Mechanical Contractors Association Ontario annual meeting, 2000, Cancun, Mexico
• Speaker, "Termination Documents", Lorman Education Services Conference on Employee Discharge and Documentation in Ontario, 2000, Ottawa, Ontario
• Lecturer, Labour Arbitration Seminar, Osgoode Hall Law School, 2000, Toronto
• Speaker, "The Politicization of Labour Law in Ontario", Ontario Sewer and Watermain Construction Association Annual Conference, 2000, Cancun, Mexico
• Panellist, "Labour and Employment Law: The New Canada Industrial Relations Board after One Year", Annual CBA Administrative and Labour Law CLE Update, 1999, Ottawa, Ontario
• Panellist, "Non-construction Employers", Insight Information Co., 1999, Toronto
• Co-chair, "Canada Industrial Relations Board Practice and Procedure" and speaker on "Practical Implications of Changes to the Bargaining Cycle", Centrum Information, 1999, Toronto

Media Highlights

• Interviewed, "The Charter and the Workplace", Canadian Lawyer, April 2007
• Interview, "Labour Law reforms may complicate ICI bargaining sessions", by Daily Commercial News, November 2000
• Interview, "Labour Law", National (CBA publication), January-February 1999

Rankings and Recognitions

• Best Lawyers in Canada - Labour and Employment Law, 2008
• Walter Owen Book Prize, 1999