Profile
Erik Marshall is a member of Miller Thomson’s Labour and Employment Group in Toronto. Erik represents employers and employees concerning a variety of labour and employment issues including employment standards, wrongful dismissals, grievance arbitrations, labour board proceedings, human rights, occupational health and safety, workplace safety and insurance, as well as labour and employment issues that arise in corporate transactions.
Erik obtained his B.A. (Hons.) from Wilfrid Laurier University in 2001 and his LL.B. from the University of Ottawa in 2007 where he received the Catherine Helen MacLean Prize in Labour Law. Prior to joining Miller Thomson for his articles, Erik summered with a management side, labour and employment law firm in Toronto. During his articles, Erik was seconded to the Ontario Labour Relations Board, where he provided research assistance on various labour and employment issues to the Board’s adjudicators and solicitors.
Erik regularly contributes as a writer to Miller Thomson’s communiqué series on current labour and employment topics and his writing has been featured in Law Times, Canadian Employment Law Today, Canadian Lawyer: INHOUSE and Lexology: Association of Corporate Counsel. He co-authored the Employment Law: Wrongful Dismissal chapter included in Bullen & Leake & Jacob’s Canadian Precedents of Pleadings publication with Stuart Rudner, recently published by Carswell, a division of Thomson Reuters Canada Limited. He also regularly participates as a speaker at internal and external labour and employment seminars and conferences, and has spoken as part of the employment law program put on by Osgoode Professional Development. Erik is a member of the Law Society of Upper Canada, the Ontario Bar Association and the Canadian Bar Association. He was called to the Ontario Bar in 2008.
Education
- LL.B., University of Ottawa, 2007
- B.A. (Hons) Political Science, Wilfrid Laurier University, 2001
Professional Achievements
- Recipient, Catherine Helen MacLean Prize in Labour Law for Highest Standing in Labour Law II Course, University of Ottawa, 2007
- OCA Weighs in on Consequences of Botched Probe, Law Times (March 2, 2009)
- Ontario Court of Appeal refuses to enforce union fines against members for crossing picket line, Canadian Employment Law Today (April 2, 2009)
- Supreme Court Refuses to Enforce Union Fines, Canadian Lawyer - INHOUSE (May 11, 2009)
- Ministry of Labour releases guidelines in relation to the workplace violence and harassment amendments to the Occupational Health and Safety Act, Lexology, Association of Corporate Counsel (May 31, 2010)
- Employment Law: Wrongful Dismissal, Bullen & Leake & Jacob’s Canadian Precedents of Pleadings (August, 2010)
Representative Work
- Prohibition Orders and the Competition Bureau’s Immunity Program, Competition Law (Volume XI, No. 4, 2007)
- Tougher Occupational Exposure Limits For Hazardous Workplace Substances Proposed By Ontario Government, Labour and Employment Communiqué - Ontario (October 21, 2008)
- Consultation Paper on Workplace Violence Prevention Released by Ontario Ministry of Labour, Labour and Employment Communiqué - Ontario (October 27, 2008)
- Ontario Court of Appeal Weighs in on Consequences of Botched Investigation into Employee Theft, Labour and Employment Communiqué - Ontario (January 8, 2009)
- Determining Compensation for Employee with Varying Pay, Ask an Expert: Canadian Employment Law Today (February 2, 2009)
- Ministry of Labour Proposes Unpaid, Job-Protected Leave for Organ Donors, Labour and Employment Communiqué - Ontario (March 6, 2009)
- Court of Appeal Refuses to Enforce Union Enforced Fines Against Members for Crossing Picket Lines, Labour and Employment Communiqué - Ontario (April 1, 2009)
- Ontario Court of Appeal Refuses to Enforce Union Fines Against Members for Crossing Picket Line, Canadian Employment Law Today (April 2, 2009)
- Ministry of Labour Proposes Amendments to the Occupational Health and Safety Act Concerning Violence and Harassment in the Workplace, Labour and Employment Communiqué - Ontario (April 23, 2009)
- Supreme Court Refuses to Enforce Union Fines, Canadian Lawyer - INHOUSE (May 11, 2009)
- Proposed Changes to Canada’s Temporary Foreign Worker Program, Labour and Employment Communiqué – Ontario (February 5, 2010)
- Ministry of Labour Releases Guidelines in Relation to the Workplace Violence and Harassment Amendments to the Occupational Health and Safety Act - Labour and Employment Communiqué – Ontario ( (May 31, 2010)
- Ministry of Labour releases guidelines in relation to the workplace violence and harassment amendments to the Occupational Health and Safety Act, Lexology, Association of Corporate Counsel (May 31, 2010)
- Employment Law: Wrongful Dismissal, Bullen & Leake & Jacob’s Canadian Precedents of Pleadings (August, 2010)
Memberships
- Member, Law Society of Upper Canada
- Member, Ontario Bar Association
- Member, Canadian Bar Association
News & Events
- Recipient, Catherine Helen MacLean Prize in Labour Law for Highest Standing in Labour Law II Course, University of Ottawa, 2007
- OCA Weighs in on Consequences of Botched Probe, Law Times (March 2, 2009)
- Ontario Court of Appeal refuses to enforce union fines against members for crossing picket line, Canadian Employment Law Today (April 2, 2009)
- Supreme Court Refuses to Enforce Union Fines, Canadian Lawyer - INHOUSE (May 11, 2009)
- Ministry of Labour releases guidelines in relation to the workplace violence and harassment amendments to the Occupational Health and Safety Act, Lexology, Association of Corporate Counsel (May 31, 2010)
- Employment Law: Wrongful Dismissal, Bullen & Leake & Jacob’s Canadian Precedents of Pleadings (August, 2010)
Publications
- Be Wary of Accommodating Employees on the Basis of One Prohibited Ground and Not Others, Labour and Employment Communiqué, February 13, 2013
- Facebook Post Disclosing Human Rights Settlement Costs Employee $1,000, Labour and Employment Communiqué, January 29, 2013
- Disturbing Case on Mitigation of Damages During Contractual Notice Period, Labour and Employment Communiqué, January 8, 2013
- Canada’s Top Court Rules Teacher’s Privacy Interest in Laptop Diminished Due to School Board Ownership of Computer and Workplace Policies Regarding Computer Use, Education Law Newsletter, October 2012
- Canada’s Top Court Rules Teacher’s Privacy Interest in Laptop Diminished Due to School Board Ownership of Computer and Workplace Policies Regarding Computer Use, Labour and Employment Communiqué, October 22, 2012
- Refresher on Bill 55 Amendments to the Broader Public Sector Accountability Act, 2010, Health Communiqué, October 10, 2012
- Refresher on Bill 55 Amendments to the Broader Public Sector Accountability Act, 2010, Labour and Employment Communiqué, October 10, 2012
- Just One Week Left to Post the New Mandatory Health and Safety Awareness Poster, Labour and Employment Communiqué, September 24, 2012
- Mandatory WSIB Coverage in the Construction Industry Coming into Effect on January 1st, 2013, Labour and Employment Communiqué, September 21, 2012
- B.C. Court of Appeal Rules Human Rights Tribunal has no Jurisdiction to Hear Law Firm Partner’s Age Discrimination Complaint, Labour and Employment Communiqué, July 25, 2012
- "Gender Identity" and "Gender Expression" to be Added to List of Prohibited Grounds of Discrimination in Ontario Human Rights Code, Labour and Employment Communiqué, June 14, 2012
- Workplace Bully’s Tirade Amounts to Constructive Dismissal, Labour and Employment Communiqué, April 24, 2012
- Federal government eliminates mandatory retirement, Labour and Employment Communiqué, February 6, 2012
- Proposed Amendment to the Employment Standards Act, 2000 to Provide for Family Caregiver Leave, Education Law Newsletter, January 2012
- Ontario Government Proposes Amendment to the Employment Standards Act, 2000 to Provide for Family Caregiver Leave, Labour and Employment Communiqué, January 10, 2012
- Employer Obligations on Election Day – Thursday, October 6, 2011, Labour and Employment Communiqué, September 7, 2011
- Employer Obligations on Election Day - May 2, 2011, Labour and Employment Communiqué, April 21, 2011
- Employment Law: Wrongful Dismissal, Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 2010
- Ministry of Labour releases guidelines in relation to the workplace violence and harassment amendments to the Occupational Health and Safety Act, Lexology, Association of Corporate Counsel, 2010
- Ministry of Labour Releases Guidelines in Relation to the Workplace Violence and Harassment Amendments to the Occupational Health and Safety Act, Labour and Employment Communiqué, May 31, 2010
- Proposed Changes to Canada's Temporary Foreign Worker Program, Labour and Employment Communiqué, February 5, 2010
- Supreme Court Refuses to Enforce Union Fines, Canadian Lawyer - INHOUSE, 2009
- Ministry of Labour Proposes Amendments to the Occupational Health and Safety Act Concerning Violence and Harassment in the Workplace, Labour and Employment Communiqué, April 23, 2009
- Ontario Court of Appeal Refuses to Enforce Union Fines Against Members for Crossing Picket Line, Canadian Employment Law Today, 2009
- Court of Appeal Refuses to Enforce Union Enforced Fines Against Members for Crossing Picket Lines, Labour and Employment Communiqué, April 1, 2009
- Ministry of Labour Proposes Unpaid, Job - Protected Leave for Organ Donors, Labour and Employment Communiqué, March 6, 2009
- Determining Compensation for Employee with Varying Pay, Ask an Expert: Canadian Employment Law Today, 2009
- Ontario Court of Appeal Weighs in on Cosequences of Botched Investigation Into Employee Theft, Labour and Employment Communiqué, January 8, 2009
- Consultation Paper on Workplace Violence Prevention Released by Ontario Ministry of Labour, Labour and Employment Communiqué, October 27, 2008
- Tougher Occupational Exposure Limits For Hazardous Workplace Substances Proposed By Ontario Government, Labour and Employment Communiqué, October 21, 2008
- Prohibition Orders and the Competition Bureau’s Immunity Program, Competition Law, 2007
Key Practice Expertise
Year of Call
- Ontario Bar, 2008