Paul Boshyk

en_CA

Paul Boshyk practises employment and labour law with a focus on mergers and acquisitions. He has broad experience acting for private equity firms, startups and established companies in numerous sectors, including manufacturing, oil and gas, and food, beverage and agribusiness.

Advising domestic and international clients in all aspects of provincial and federal employment and labour law, Paul helps employers navigate workplace issues relating to hiring and terminations, executive compensation, collective bargaining, human rights and investigations. He also acts for vendors and purchasers in connection with the employment and labour implications of complex corporate transactions.

In his employment and labour litigation practice, Paul has appeared as lead counsel before all levels of court in Ontario, the Human Rights Tribunal of Ontario, the Alberta Human Rights Commission, the Ontario Labour Relations Board, the Ontario Ministry of Labour and at numerous mediations and arbitrations.

As a former member of the Queen’s University Gaels Varsity Football Team, Paul was twice honoured with the Canadian Interuniversity Sport Academic All-Canadian recognition, and was awarded the Bill Miklas Trophy for Academics, Athletics and Citizenship.

Expertise

Practices

Industries

Representative Matters

Corporate Transactions

Acted for Hansen Technologies Limited in connection with its acquisition of Sigma Systems Canada LP for C$152.5 million
Acted as Canadian counsel to Refresco Group N.V. in connection with its USD$1.25 billion acquisition of Cott Corporation
Acted for Rocket Homes Real Estate LLC, formerly known as In-House Realty, in connection with its acquisition of OpenHouse Realty
Acted for Legrand North America LLC. in connection with its acquisition of Solarfective Products Limited.
Acted for Thoma Bravo, LLC in connection with its C$1.575 billion acquisition of the shares of TRADER Corporation (autoTRADER)
Acted for SABMiller plc as Canadian counsel in connection with Canadian Competition Bureau clearance of its USD$107 billion take-over by Anheuser Busch InBev SA/NV
Acted for Experis, part of the ManpowerGroup family of companies, in connection with its acquisition of a majority ownership of Veritaaq Technology House Inc.
Acted for G3 Global Grain Group in connection with the privatization of G3 Canada Limited (formerly The Canadian Wheat Board)
Acted for HB Construction Company Ltd., a wholly owned indirect subsidiary of The Williams Companies, Inc., in connection with its acquisition of certain assets of Comstock Canada Ltd.
Acted for Resource Label Group, LLC in connection with its acquisition of certain assets of A1 Label Inc.
Acted for FrontStream Payments, Inc. in connection with its acquisition of the shares of leading online fundraising solutions provider Artez Interactive

Selected Cases

Represented the successful employer in Ratos v. Safe-Guard Canada Ltd., 2020 HRTO 307
Successfully opposed an urgent interim injunction sought by employer’s former Chief Executive Officer in Boni v Leonardo Worldwide Corporation, 2018 ONSC 1875
Represented the successful employer in 969625 Ontario Ltd. v Goldstone Resources, 2017 ONSC 879
Represented the successful employer in Innophos Canada Inc. v United Steelworkers, Local Union 6304, 2016 CanLII 30878 (Ont Arb)
Successfully moved to dismiss action for delay in Pombo v Canac Kitchens, 2016 ONSC 1064
Successfully opposed application for union certification in Detour Gold Corp. v Ontario Pipe Trades Council of the UA, 2015 CarswellOnt 704 (OLRB)
Successfully opposed unjust dismissal complaint under Canada Labour Code in Rowland v Cherokee Trailer & Truck Repairs, 2015 CLB 540 (Rose)
Represented the successful employer in Tilton Industries Inc. v CAW-Canada, 2013 CanLII 101359 (Ont Arb)

News

Media Mentions

“Appeal court delivers ‘frightening’ decision around undue hardship” by Dobson, S., Canadian HR Reporter, October 26, 2020
“Canada: Avoid Inappropriate Interview Questions” by Skrzypinski C., SHRM, December 13, 2019
“Court of Appeal rejects recognizing tort of harassment” by Melnitzer J., Law Times, March 25, 2019
“Legal marijuana raising safety fears across industries” by Ebner, D., The Globe and Mail, June 23, 2018
“Lawyers worried about 10-year cap on tribunal appointments” by Bruineman, M., Law Times, September 14, 2015

Community Involvement

Pro Bono Ontario, Law Help Ontario Program

Directorships & Affiliations

Canadian Association of Counsel to Employers (CACE)
Ontario Bar Association

Education & Admissions

2017

Called to the Alberta bar

2012

Called to the Ontario bar

2015

Certificate in NegotiationOsgoode Hall Law School

2011

JDUniversity of Calgary

2008

BAH, Political ScienceQueen's University

Insights by Paul Boshyk (62 Posts)

More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

Feb 17, 2021

Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

Jan 30, 2021

Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.

McMillan’s Employment and Labour Webinar

Nov 10, 2020

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Coming Soon: Significant Changes to Alberta’s Employment Standards Code

Oct 2, 2020

Material changes to the Ontario Class Proceedings Act in force October 1, 2020.

New Accessibility Requirements Fast Approaching under AODA

Sep 20, 2020

Compliance deadlines for two significant requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are just three months away.

Alberta Court of Appeal Uses Blue Pencil to Save Non-Compete

Sep 5, 2020

Alberta's Court of Appeal has applied the seldom-used "blue pencil" doctrine in order to save a non-competition covenant from being struck down.

New Workplace Harassment and Violence Prevention Rules for Federally-Regulated Employers

Jun 28, 2020

The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.

Bank Liable in Canada’s Largest Unpaid Overtime Class Action

Apr 6, 2020

The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.

COVID-19: Alberta Government Announces List of Essential Services

Mar 29, 2020

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

The “Fix” Is In: Alberta Employee Awarded 34.5 Months’ Damages for Breach of Contract

Feb 21, 2020

A recent decision by Alberta's Court of Queen's Bench is the latest warning to employers about the dangers of
fixed-term employment arrangements.

Court of Appeal Serves Reminder that Contractors May Be Entitled to Reasonable Notice

Feb 9, 2020

A recent decision from Ontario's Court of Appeal is an important reminder that contractors may be entitled to reasonable notice upon termination without cause.

Sorry Not Sorry: Ontario Decision Highlights “Aggravating Factors” in Sexual Harassment Cases

Jan 7, 2020

An Ontario Court has upheld the termination of a 30-year employee with a clean disciplinary record following a single incident of sexual harassment.

Happy New Year! Supreme Court Limits Employers’ Duty to Inspect Work Places

Jan 2, 2020

The Supreme Court has confirmed that an employer's obligation to conduct safety inspections only applies to work places over which the employer has control.

Employment and Labour Seminar Series: Toronto

Oct 30, 2019

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

It’s Not What You Asked, It’s How You Asked It: Employer Pays the Price for Asking Human Rights-Based Questions of Job Applicant

Oct 7, 2019

A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.

The Fixed-Term Employment Contract: It’s Your Funeral

Sep 25, 2019

Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts.

Alberta Doing Away with Flexible Averaging Agreements

Aug 21, 2019

September 1, 2019, Alberta's Employment Standards Code and its Regulation will do away with Flexible Averaging Agreements

Ontario Court of Appeal: Employment Standards Act, 2000 Does Not Apply to Shareholder Rights

Jul 30, 2019

Ontario’s Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited[1] – that draws a clear distinction between employment rights and shareholder rights.

24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace

Jun 24, 2019

The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.

Alberta Bill 2: More Changes to Employment & Labour Laws on the Horizon

May 29, 2019

On May 27, 2019, Alberta’s newly elected United Conservative Party introduced the Open for Business Act (“Bill 2”).

Court of Appeal Refuses to Recognize Freestanding “Tort of Harassment”

Mar 18, 2019

Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment"

Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out

Dec 5, 2018

Coffey v Nine Energy Canada Inc. confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.

2018: Year of the Employer? Two (More) Helpful Decisions on Termination Clauses

Nov 12, 2018

Raposo v CA Canada Company and Burton v Aronovitch McCauley Rollo LLP continue employer-friendly decisions regarding the enforceability of termination clauses

Government of Canada Proposes Substantial Changes to Federal Employment Standards

Nov 5, 2018

Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.

First Mover Advantage: The Legalization of Adult Use Cannabis in Canada

Oct 30, 2018

Whether you are new to the cannabis industry, interested in starting a cannabis business, or have been seizing opportunities for a while — join us for an interactive day on the strategic and legal implications of the legalization of cannabis in Canada.

COVID-19 Resource Centre