Our Team

Richard Sinclair, Associate
Richard Sinclair

Richard works closely with clients to provide pre-litigation strategic advice in order to reduce the likelihood of formal legal proceedings.

Richard is a member of the firm's litigation group and advises clients in both English and French. His practice focuses on employment law, and on commercial, shareholder and contract disputes. He is frequently called upon to provide advice with respect to wrongful dismissal matters, employment standards, human rights, and pay equity issues. Richard represents businesses and individuals throughout the litigation process at all levels of courts, while also working closely with clients to provide pre-litigation strategic advice in order to reduce the likelihood of formal legal proceedings.

He has advised and represented some of Canada's largest corporations, as well as local businesses and start-ups, in a wide range of litigation matters, and has appeared before the Superior Court of Justice, the Ontario Court of Appeal and the Federal Court of Canada, as well as various administrative boards and tribunals.

Examples of some of Richard's recent cases include:

Court of Appeal victory in sponsorship dispute
Richard acted as co-counsel with Pat Santini when they successfully represented the Canadian Soccer Association (CSA) before the Ontario Court of Appeal in a dispute over unpaid sponsorship fees with Hyundai Auto Canada Corp. The Court of Appeal upheld the summary judgment ordered by the Ontario Superior Court requiring Hyundai to pay the CSA $175,000 in damages after the automaker backed out of its two year sponsorship deal. Read the Court of Appeal ruling and more on the case in Financial Post and the Globe and Mail.

Fines by union dismissed
In an important case for business owners of unionized workplaces, Richard served as co-counsel for several workers when they were fined by their union for crossing a picket line. It was successfully argued that the unequal bargaining power between the union and its members made the fines unjust and unenforceable. The Court of Appeals agreed, stating that the fines being imposed by the union were 'unconscionable'.

Fast settlement of 6-figure employment law claim
Acting for a Ottawa-area business facing a $275,000 claim for wrongful dismissal, harassment and discrimination, Richard was able to negotiate a settlement at mediation for less than 5% of the original claim. Reaching a fast settlement for a small amount enabled Richard's client to put the matter behind them, move on with running their business and avoid both a potentially large payout and additional legal costs.

Franchisee recoups funds when license agreement ends
Richard represented a franchisee in a dispute with a major national franchisor when the franchisor did not renew the franchise agreement. While the franchisor was not obliged to renew the agreement, Richard successfully demonstrated that they had made representations to the franchisee that led them to believe their franchise agreement would be extended. This led the franchisee to invest significant funds to upgrading and improving their facility. A settlement was reached to compensate the franchisee for the misleading action.

Frivolous Harassment Claim
Richard acted for an Ottawa retailer when a former employee filed a $15,000 harassment claim with the Ontario Labour Relations Board. The action was brought under Bill 168 which amended the Occupational Health & Safety Act in June 2010 . The action was without merit and Richard negotiated a $500 settlement at mediation which brought the matter to a quick conclusion.

 

  • Year of Call: 2005
  • MBA, Syracuse University, 2010
  • LL.L, University of Ottawa
  • LL.B, University of Ottawa
  • BA, Concordia University