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J.P. Zubec, Associate
J.P. Zubec

A former professional hockey referee, J.P. is no stranger to resolving complex and sensitive disputes between parties.

J.P.'s practice focuses on employment law for businesses and individuals. Since being called to the Bar of Ontario in 2003, he has built an impressive track record successfully representing clients before the Federal Court of Appeal, Divisional Court and Superior Court of Justice, the Canada Industrial Relations Board, Ontario Labour Relations Board and the Ministry of Labour. J.P. represents businesses of all sizes and sectors, including firms/corporations that render services in engineering, accounting, healthcare, international consulting and travel. He has also represented a wide range of individuals at different stages of their careers including senior vice presidents, accountants, lawyers and other professionals, as well as tradespeople and clerical workers. In addition, he also regularly represents clients in general litigation, including on personal injury claims and wills and estates disputes.

Originally, from Winnipeg, J.P. taught instrumental music and history before leaving the teaching profession to referee professional hockey. While studying for his law degree he served as a Program Manager for Sport Solution, a clinic that assists Olympic and National Team athletes with legal issues related to selection, discipline and carding.

 

  • Year of call: 2003
  • LLB, University of Western Ontario
  • Music and Education, University of Manitoba


 

Some of J.P.'s recent work highlights include:


Victory for employee with 'perceived' disability

Incorrectly believing she had contracted tuberculosis, an employee informed her employer of her condition and was dismissed by her employer shortly afterwards. JP successfully represented the employee before the Human Rights Tribunal of Ontario. The Tribunal confirmed that the protections under the Ontario Human Rights Code extend to people with perceived disabilities. The Tribunal ordered the employer to pay the employee $20,000 in general damages and 13.5 months' of lost wages and benefits. In addition, the Tribunal asked the parties to make submissions on whether it could order the employer to pay the employee's wages and benefits from the date of the hearing to the date the employee would have otherwise retired. The parties reached a confidential settlement before making submissions on that issue: McLean v. DY 4 Systems, 2010 HRTO 1107 (CanLII).

 

Wrongful Dismissal Results in Compensation and Costs

JP acted for a lawyer in a wrongful dismissal action brought against her former employer. The Court held that the dismissal was unlawful and the allegations made against the employee were without merit. Compensation was awarded to the employee and, in addition, the Court sanctioned the employer by ordering him to pay for all the employee's legal costs: Johnston v. Levencrown (Levencrown Family Law Counsel), 2008 CanLII 20341 (ON S.C.)

 

Human Rights Complaint Dismissed

JP successfully sought an early dismissal of an application filed with the Human Rights Tribunal of Ontario, when he represented a community health centre and two of its executives, who were all respondents to the application, which was filed by a former employee: Colbeck v. Pinecrest-Queensway Community Health Centre, 2010 HRTO 1435 (CanLII).

 

Graduate Student Reinstated

JP successfully represented a Master's Degree student at the University of Ottawa by applying to the Divisional Court of Ontario for an order quashing a decision of the University of Ottawa Senate Committee. The decision resulted in the student's forced withdrawal from a Master's Degree Program. The Divisional Court, which normally gives deference to university decisions, quashed the Senate Committee's decision and ordered that the student be reinstated into the Program after finding that she had been treated with such manifest unfairness that a flagrant violation of the rules of natural justice resulted: Handa v. University of Ottawa (Divisional Court of Ontario, unreported: June 10, 2008)

 

Managing Staff Reductions in the Healthcare Sector

JP has advised community health centres on employment law matters. Advice provided includes counseling these clients on their obligations under the common law, employment contracts, the Employment Standards Act and Human Rights Code, as well as advising them on the form and content of termination letters and release agreements and defending community health centres when claims for wrongful dismissal are made by former employees. In all cases, the matters resolved promptly, and before opposing counsel initiated legal proceedings, and in all cases, the client paid far less than its potential exposure and what had been claimed from them.

Compensation for Employee Dismissal During Maternity Leave

JP has successfully represented several employees who have lost their jobs either before, during or after a maternity leave. As an example, one case involved a woman who had eight years' of service with her employer and was summarily dismissed shortly after returning from a maternity leave. The employer made several allegations about the employee's performance in an attempt to legitimize its decision. In only six months, JP was able to obtain an order from the Ministry of Labour requiring the employer to pay the employee more than nine months' pay plus damages for emotional pain and suffering: Ladrie v. An-Hoa Inc. (unreported decision of the Ontario Ministry of Labour dated October 28, 2006)