Our Practice
Our areas of practice are many and diverse. Highlighted below for illustration purposes are a number of the important fields in which we practice.
Administrative Law
Administrative law deals with the limits the law places on government activity and the remedies available when those limits are exceeded.
Common examples of administrative tribunals involved in regulating the employment relationship include: boards of arbitration, labour relations boards, human rights commissions, and workplace safety and insurance tribunals. There are also many others that indirectly affect the employment relationship.
Child and Spousal Support Issues
Relationships between family members are among our most challenging. The professionals of Oldfield, Greaves, D’Agostino, Billo & Nowak are dedicated to establishing long lasting relationship with their clients to seek resolutions in difficult and personal matters.
Issues to consider can include guiding you through the problems such as:
- The taxation of Spousal Support. How much and for how long will it be paid/received?
- Child support that meets the needs of the parties without, as sometimes occurs, slavishly following the Child Support Guidelines which are based upon the payor’s gross income, as determined by a set of tables prepared by the provincial and federal governments.
- Child support is usually payable until a child completes his/her first post-secondary degree or diploma.
- Restoring a drivers license after it has been taken away for the non payment of support.
Civil Litigation and Wrongful Dismissal Litigation
We appear before all levels of the Ontario Courts, on a wide variety of matters, including those related to employment and labour law such as:
- Wrongful dismissal litigation
- Employment related commercial litigation
- Injunctive proceedings
- Judicial review of the decisions of administrative tribunals
- Appellate proceedings
Collaborative Family Law
Collaborative Family Law (”CFL”) is a process that enables parties involved in a marital dispute to resolve their differences in a non-adversarial setting. Each party has their own lawyer who is trained in Collaborative Family Law but agree in writing not to go to court. The process is based upon good faith, full disclosure, co-operation, integrity, honesty and ethical professional standards. The process enables the parties to avoid the increased hostility often by going to Court. Collaborative Family Law is successful because the parties and their lawyers are committed to the process and work together towards achieving a workable and fair settlement.
How does it work?
The lawyers and clients sign a participation Agreement, which is a binding contract, committing them to work together honestly, openly and in good faith to reach a resolution. All members of the team endeavour to reach a comprehensive agreement to resolve all issues.
Clients and their lawyers meet in settlement meetings. The lawyers provide legal advice to their own clients and assist in the process to help the parties negotiate in a respectful and dignified manner to reach the best possible solution.
The parties co-operate fully in obtaining and sharing all financial and other important information and if experts are needed to assist with financial or child issues, the costs of such experts can be shared by the parties.
If the process breaks down and the parties go to Court, both lawyers must withdraw and neither the lawyers nor any member of their respective firms, may represent the clients in subsequent litigation.
By participating in CFL you control the process and the outcome, not the lawyers or the Courts. Usually you will avoid lengthy, devastating Court battles and save significant time and money.
For more information on Collaborative Family Law, please see The Collaborative Law Association of Waterloo Region.
Collective Agreement Administration
We appreciate that our clients’ needs for strategic and proactive legal advice does not end when collective bargaining has concluded. Therefore we continue to assist our clients to:
- Understand the impact of collective agreement language
- Plan ahead for the next round of collective agreement negotiations
- Manage grievances in a proactive and effective manner
Collective Bargaining
Collective bargaining is a primary aspect of Mr. Billo’s practice at Oldfield Greaves D’Agostino, Billo & Nowak.
- We regularly provide advice to employers on collective bargaining strategy and drafting collective agreement proposals.
- We assist in the preparation for first and subsequent rounds of collective bargaining by obtaining economic information, reviewing recent collective agreements in the same sector, predicting and establishing strategy for successful outcomes and ensuring legal compliance.
We will act as either a spokesperson or support person for our client’s bargaining team.
Construction Labour Relations
Mr. Billo assists all types and sizes of clients including general contractors, developers, builders and subcontractors. We represent their interests in a wide variety of proceedings, including but not limited to:
- Occupational Health and Safety
- Workplace Safety and Insurance
- Trade Union Certification Applications
- Sale of Business/Related Employer Applications
- Grievance Referrals
- Jurisdictional Disputes
- Preparation for and Representation at Interest Arbitrations
- Day-to-day Administration of the Collective Agreement
Divorce Applications
Recognizing the emotional cost to families in transition, the professionals of Oldfield, Greaves, D’Agostino, Billo & Nowak are dedicated to achieving the objectives of their clients as expeditiously as possible. Highly experienced in the courtroom, our practitioners are equally accomplished in alternative dispute resolution procedures, such as mediation and Collaborative Family Law.
There are a multitude of issues to consider in bringing court Applications for Divorce. However, we can guide you through the process and deal with issues such as:
- Obtaining a divorce even if support and property matters have not been settled.
- Seeking an unequal property division for household services and childcare performed
during the marriage. - Potentially sharing in the other partner’s business or property even if you do not
own shares or are not listed as an owner of such assets. - Sharing CPP credits of a working spouse even if you have not worked throughout the
marriage.
A marriage contract, to protect your assets in the event of a separation, can be signed both before and after marriage.
Employment Standards
Mr. Billo appears before Employment Standards Officers appointed under the Ontario Employment Standards Act and before the Ontario Labour Relations Board to make representations on behalf of our clients.
We also assist clients to draft employment policies and procedures that comply with employment standards legislation.
We regularly advise clients on issues such as:
- Hours Of Work
- Overtime
- Public Holidays
- Vacation Pay
- Pregnancy and Parental Leave
- Successor Employer Obligations
- Mass Termination and Layoff
- Termination and Severance Pay
Grievance Arbitration
Mr. Billo has considerable experience representing clients before Boards of Arbitration and advising clients at all stages of the grievance procedure.
He regularly advocates on behalf of our clients on a broad range of issues including, for example:
- Discipline and Discharge
- Promotions and Demotions
- Transfers
- Management Rights
- Contracting-Out
- Seniority Challenges
- Classification
- Benefit Entitlement
- Overtime
- Human Rights
- Absenteeism
Human Rights
Mr. Billo advises our clients on compliance with Federal and Provincial Human Rights statutes, assists in the development of human rights policies and acts as counsel before Human Rights adjudicators and the courts in the event of a complaint.
Where a breach is alleged we advise and assist our clients to address the issues thoughtfully, thoroughly and strategically to resolve the particular case and any broader issue that may exist in the workplace.
If a matter proceeds to a hearing we vigorously advocate on behalf of our clients before the appropriate Human Rights adjudicator.
Injunctive Court Proceedings and Judicial Review
Our lawyers appear before all levels of the Ontario Courts in Judicial Review and Appellate Proceedings.
We also appear on behalf of clients either seeking injunctive relief where there is an unlawful strike or breach of an employment contract (such as a non-compete or non-solicit clause), or on behalf of companies or individuals defending against this type of allegation.
Occupational Health and Safety
We advise and assist our clients regarding health and safety issues to:
- Create and/or modify health and safety policies
- Respond to injuries in the workplace
- Implement discipline and other enforcement mechanisms
- Respond effectively to work refusals
- Appeal inspectors’ orders
- Defend prosecutions under health and safety legislation
Ontario Labour Relations Board
Mr. Billo regularly appears before the Ontario Labour Relations Board representing the interests of our clients.
Mr. Billo has earned a reputation for responding quickly, effectively and strategically to:
- Applications for Certification
- Unfair Labour Practice Applications
- Sale of Business/Related Employer Applications
- Construction Industry matters
- Occupational Health & Safety Complaints
- Employment Standards Complaints
- Employment Standards Orders to Pay
Professional Disciplinary Hearings
Mr. Billo appears as counsel on behalf of clients before disciplinary tribunals on matters of professional conduct and competence, and before statutory boards such as a Regulated Health Professions Board on matters relating to licensing and discipline. He is on the panel of approved counsel for the Registered Nurses Association of Ontario, and regularly represents its members in labour and employment related matters.
Workplace Contracts
We regularly advise our clients on the preparation and interpretation of employment contracts at every level of employment. We appreciate that a skillfully prepared written employment contract can allow an employer and employee to identify with certainty and precision their obligations to one another during the employment relationship and at the time of its conclusion.
Written employment contracts are also particularly useful for senior executives and other employees whose compensation arrangements are unusual or complex.
We are also experienced in drafting other employment related documents such as non-solicitation agreements, consulting and independent or dependent contractor agreements.
Workplace Safety and Insurance
We provide clients with education, assistance, management and representation in all Workplace Safety and Insurance Board matters and related adjudication arising from:
- Compulsory and voluntary registration
- Compliance audits
- Accident investigation reporting
- Early and safe return to work and re-employment obligations
- Employee compensation claims and labour market re-entry programs
- Rate group classification
We also appear on final appeals before the Workplace Safety and Insurance Appeals Tribunal to represent our client’s best interests.