https://mcmillan.ca/wp-content/uploads/2020/05/profile-default-mobile.jpg

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.



Representative Matters

Corporate Transactions

  • Acted for the selling shareholders in connection with Berlin Packaging’s acquisition of Consolidated Bottle Corporation
  • 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

  • Successfully appealed trial court’s decision based on a palpable and overriding error of fact in Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728
  • 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


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 (72 Posts)

Featured Insight

Mandatory Mask Policy Does Not Breach Human Rights Act

Alberta's Human Rights Commission has dismissed a complaint alleging that Costco discriminated against a customer who refused to wear a mask or face shield.

Read More
Sep 9, 2021
Featured Insight

Five-Star Rating? Uber Class Action Lawsuit Gets Certified

The Ontario Superior Court of Justice has certified a class action lawsuit brought by Uber drivers allegedly misclassified as independent contractors.

Read More
Aug 19, 2021
Featured Insight

COVID-19-related Layoffs Not Grounds for Constructive Dismissal

An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.

Read More
Jun 11, 2021
Featured Insight

Court of Appeal Affirms Decision Limiting Employee Equity Entitlements

Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.

Read More
Apr 27, 2021
Featured Insight

Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.

Read More
Mar 29, 2021
Featured Insight

Supreme Court of Canada Denies Leave to Appeal “Blue Pencil” Decision

The Supreme Court of Canada has denied leave to appeal the Alberta Court of Appeal’s decision to apply the doctrine of notional (or “blue-pencil) severance.

Read More
Mar 14, 2021
Featured Insight

Digital Accessibility Webinar: Demystifying WCAG 2.0 and Other Best Practices

As a result of COVID-19, Canadians have never been more reliant on websites, web-based apps and web services to carry-out essential activities.

Details
April 20, 2021 - 1:00 pm to 2:00 pm ET
Featured Insight

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

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

Read More
Feb 17, 2021
Featured Insight

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

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

Read More
Jan 30, 2021
Featured Insight

McMillan’s Employment and Labour Webinar

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

Details
November 10, 2020 - 11:30 am to 1:30 pm
Featured Insight

Worst Trip Ever! Another Misclassification Class Action Gets Certified

Yet another employment misclassification case has been certified as a class action in Ontario in Montaque v Handa Travel Student Trip Ltd.

Read More
Nov 9, 2020
Featured Insight

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

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

Read More
Oct 2, 2020
Featured Insight

New Accessibility Requirements Fast Approaching under AODA

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

Read More
Sep 20, 2020
Featured Insight

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

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.

Read More
Sep 5, 2020
Featured Insight

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

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

Read More
Jun 28, 2020
Featured Insight

Bank Liable in Canada’s Largest Unpaid Overtime Class Action

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

Read More
Apr 6, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

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.

Read More
Mar 29, 2020
Featured Insight

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

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.

Read More
Feb 21, 2020
Featured Insight

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

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.

Read More
Feb 9, 2020
Featured Insight

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

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

Read More
Jan 7, 2020
Featured Insight

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

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.

Read More
Jan 2, 2020
Featured Insight

Employment and Labour Seminar Series: Toronto

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

Oct 30, 2019
Featured Insight

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

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

Read More
Oct 7, 2019
Featured Insight

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

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

Read More
Sep 25, 2019
Featured Insight

Alberta Doing Away with Flexible Averaging Agreements

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

Read More
Aug 21, 2019
Featured Insight

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

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.

Read More
Jul 30, 2019
Featured Insight

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

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.

Read More
Jun 24, 2019
Featured Insight

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

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

Read More
May 29, 2019
Featured Insight

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

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

Read More
Mar 18, 2019
Featured Insight

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

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.

Read More
Dec 5, 2018
Featured Insight

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

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

Read More
Nov 12, 2018
Featured Insight

Government of Canada Proposes Substantial Changes to Federal Employment Standards

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

Read More
Nov 5, 2018
Featured Insight

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

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.

Details
October 30, 2018 - 7:30 am to 3:35 pm
Featured Insight

Helping Your Workplace Navigate the Legalization of Marijuana

McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.

Read More
Oct 3, 2018
Featured Insight

Puff, Puff, Pass-ed: What Employers Need to Know About Cannabis Legalization

Join us for an interactive webinar as we take a closer look at the potential impact of cannabis legalization, as well as the rights and responsibilities of employers in the Bill C-45 era.

Sep 12, 2018
Featured Insight

Supreme Court Refuses to Hear Random Drug & Alcohol Testing Appeal

On June 1 4, 2018, the Supreme Court of Canada granted Suncor a third (but not final) win in the ongoing dispute between Suncor and Unifor Local 707A

Read More
Jun 15, 2018
Featured Insight

Ontario Government Walks Back Changes to Public Holiday Pay Calculation

The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148

Read More
May 8, 2018
Featured Insight

Alberta Court of Appeal confirms ambiguous termination provisions should be interpreted in favour of employees

A decision of the Alberta Court of Appeal provides clear reminder to employers who wish to contractually limit termination notice or pay in lieu to the statutory employment standards minimum

Read More
Feb 28, 2018
Featured Insight

Taking Stock of Alberta’s New Employment Standards

In June 2017 the Alberta Government made changes to the Employment Standards Code by passing the Fair and Family-Friendly Workplaces Act. Changes came into force January 1 2018.

Read More
Feb 18, 2018
Featured Insight

Alberta Bill 30: Changes to the Occupational Health and Safety Act on the Horizon

The revised OHSA imposes positive duty on employers and supervisors to ensure that no workers are subject to or participate in harassment or violence at the work site

Read More
Jan 2, 2018
Featured Insight

Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)

Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)

Read More
Nov 6, 2017
Featured Insight

Character Matters: Don’t Be So Quick to (Summary) Judge

Character Matters: Don't Be So Quick to (Summary) Judge

Read More
Oct 16, 2017

McMillan’s Employment & Labour Relations Group Seminar

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Details
September 28, 2017
Featured Insight

In Case You Missed It: Significant Changes to Alberta’s Workplace Laws Are Coming

In Case You Missed It: Significant Changes to Alberta's Workplace Laws Are Coming

Read More
Aug 8, 2017
Featured Insight

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

Read More
Jun 22, 2017
Featured Insight

Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming

Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming

Read More
Jun 20, 2017
Featured Insight

Ontario Bill 148 What Does It Mean for Employers in the Construction Industry

Ontario Bill 148 What Does It Mean for Employers in the Construction Industry

Read More
Jun 20, 2017
Featured Insight

2 Become 1: AODA Standards to Consolidate on July 1st

2 Become 1: AODA Standards to Consolidate on July 1st

Read More
Jun 17, 2017
Featured Insight

Contracting Out: Not Always Successor or Common Employer

Contracting Out: Not Always Successor or Common Employer

Read More
Apr 24, 2017
Featured Insight

Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat

Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat

Read More
Apr 10, 2017
Featured Insight

Employment Contracts: Enforceable Termination Provisions Exist

Employment Contracts: Enforceable Termination Provisions Exist

Read More
Feb 6, 2017

Back in Styles: Controversial Incentive Compensation Decision Gets Overturned

Back in Styles: Controversial Incentive Compensation Decision Gets Overturned

Read More
Jan 13, 2017
Featured Insight

Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario

Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario

Read More
Jan 3, 2017
Featured Insight

New Year, New AODA Requirements

New Year, New AODA Requirements

Read More
Dec 28, 2016
Featured Insight

Blown Save: ONCA Delivers “Bad News” to Employers Regarding Severability Clauses

Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses

Read More
Nov 1, 2016
Featured Insight

2016 Annual Employment and Labour Seminar

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Details
8:00 AM - 11:30 AM
Featured Insight

Reminder: Changes to Workplace Harassment Rules are Just Around the Corner

Reminder: Changes to Workplace Harassment Rules are Just Around the Corner

Read More
Aug 16, 2016
Featured Insight

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Read More
Aug 11, 2016
Featured Insight

Employment Contracts and the Duty to Act Honestly

Employment Contracts and the Duty to Act Honestly

Read More
Aug 5, 2016
Featured Insight

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

Read More
Jul 15, 2016
Featured Insight

The Cure for What Ails You: Court Rejects “Technical Objections” to Termination Provision

The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision

Read More
Jul 5, 2016
Featured Insight

How to Protect Business Property and Information in Commercial Transactions

How to Protect Business Property and Information in Commercial Transactions

Read More
Jul 5, 2016
Featured Insight

Keeping the Faith: Human Rights Damages Awarded to Unqualified Job Applicant

Keeping the Faith: Human Rights Damages Awarded to Unqualified Job Applicant

Read More
Mar 10, 2016
Featured Insight

AODA Update: New Employment Standard Requirements Right Around the Corner

AODA Update: New Employment Standard Requirements Right Around the Corner

Read More
Nov 3, 2015
Featured Insight

Handle With Care: Damages May Be Awarded for Unreasonable Disciplinary Action

Handle With Care: Damages May Be Awarded for Unreasonable Disciplinary Action

Read More
Jul 14, 2015
Featured Insight

The Emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal

The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal

Read More
Jun 25, 2015
Featured Insight

Restitutionary Damages: Recent Decisions Affirm Broad Powers of Human Rights Tribunal

Restitutionary Damages: Recent Decisions Affirm Broad Powers of Human Rights Tribunal

Read More
Jun 22, 2015
Featured Insight

Record High Damages for Workplace Sexual Misconduct in Landmark Human Rights Decision

Record High Damages for Workplace Sexual Misconduct in Landmark Human Rights Decision

Read More
Jun 8, 2015
Featured Insight

Performance Bonuses: Employer Discretion Alive and Well

The recent arbitration decision in RockTenn Company of Canada Inc. provides some comfort to employers looking to change their bonus plan criteria or targets.

Read More
May 21, 2015
Featured Insight

Up and Atom: Victory for Federally Regulated Employers as Court Okays Without Cause Dismissals

Up and Atom: Victory for Federally Regulated Employers as Court Okays Without Cause Dismissals

Read More
Feb 5, 2015
Featured Insight

28 Years Later: Constitutional Right to Strike Confirmed by Supreme Court

28 Years Later: Constitutional Right to Strike Confirmed by Supreme Court

Read More
Feb 3, 2015
Featured Insight

Be Prepared: Ontario Enacts Significant Changes to Employment Laws

Be Prepared: Ontario Enacts Significant Changes to Employment Laws

Read More
Dec 19, 2014