Stephen LeMesurier
B.A. (Hons.), M.A., J.D.
Associate
Practice Areas
Employment Law
Location
Ottawa, Toronto
Experience
Stephen LeMesurier is an Ontario employment lawyer and Associate with Samfiru Tumarkin LLP’s Labour and Employment Law practice group, serving clients through the firm’s Toronto and Ottawa offices.
Stephen has a broad employment law practice with a focus on wrongful dismissal litigation in Ontario. He has also developed a strong practice assisting federally regulated employees with unjust dismissal complaints under the Canada Labour Code (CLC). His broad range of employment law matters also includes:
- Wrongful dismissal in Ontario
- Terminations for cause and without cause in Ontario
- Constructive dismissals
- Severance pay and severance package negotiations in Ontario
- Workplace harassment and sexual harassment
- Discrimination at work
- Human rights violations
- Employee misclassification
- Temporary layoffs in Ontario
- Employment contract drafting
- Temporary layoffs in Ontario
Outside of the office, Stephen loves all things outdoors. He remains involved with Camp Wenonah in Muskoka, Ontario — where he spent parts of nine years as a staff member and Assistant Director. Read reviews about Stephen.
Stephen also enjoys spending time up north in Algonquin Park and at his family cottage on Lake Temagami.
Interviews & Media
2022
Articles & Blogs
2023
- Ontario Air Canada employee awarded nearly $133K following COVID-19 layoff
- Fired following a performance review in Ontario? 4 things to know – Global News
- Boss cut your pay in Ontario? 3 things you must do – Global News
- Employers enticing older Canadians to exit retirement – Global News
- Received a new employment contract in ON? 3-5 things you should do – Global News
2022
- Can I be fired in Ontario if I’m late due to weather?
- Ontario CUPE education strike 2022: Rights for working parents
- Do I have to return to work after being laid off by my employer?
- Elon Musk to Twitter staff: Be ‘extremely hardcore’ or quit
- Ontario salesperson awarded full severance, termination clause ‘unenforceable’
- Severance for federally regulated employees
- Can I get my job back if I am fired?
- What to know about employment rights if your company looks to hybrid or in-person work – Global News
- Red Wings Zamboni driver sues after being fired for urinating in drain at work
- Paid Sick Days for Federally Regulated Employees
- Can an employee be penalized for wearing the wrong PPE at work?
Notable Cases
Nahum v. Honeycomb Hospitality
Ms. Nahum was a 28-year-old Director of People with 4.5 months of service and was 5 months pregnant at the time of termination. Ms. Nahum was awarded 5 months of pay in lieu of notice and $22,000 to compensate for legal costs incurred. The employer appealed to the Divisional Court, however, the appeal was dismissed with $9,000 in costs to Ms. Nahum. This case confirms that pregnancy is more often than not a factor that lengthens the notice period. Find the decision here.
Maticevic v. Bank of Montreal
In connection with an unjust dismissal complaint under the Canada Labour Code, Mr. Maticevic successfully resisted the Bank’s position that his position as a Financial Planner had been eliminated. As a result, Mr. Maticevic was reinstated to his position. Mr. Maticevic was awarded almost three years of backpay and was awarded $65,869.78 in costs. Find the decision here.
Menard v. The Center for International Governance Innovation
Mr. Menard was in his mid-fifties, held the title of Vice-President, Finance and had 6 years of service at the time of his termination. After the Court ruled that the employer did not have cause for termination and that the termination provisions in Mr. Menard’s contract were unenforceable, Mr. Menard was awarded 12 months’ pay in lieu of notice. Mr. Menard was also awarded $175,000 in costs. Find the decision here.
PD v. The Bank of Nova Scotia
PD, a part-time teller, was terminated after the Bank concluded she had stolen $1,000. After 9 days of hearings, Adjudicator Kaufman reinstated PD to her position with full back pay finding that she had not stolen funds as alleged. PD was also awarded $5,000 in moral damages to compensate for the mental distress she experienced. PD was also awarded $90,466.40 in costs.
RS v. The Bank of Nova Scotia
RS was alleged to have abandoned his job with the Bank. After 10 days of hearings, RS was reinstated to his position with the Bank with full backpay.
Education
Stephen obtained his J.D. from the Faculty of Law at Queen’s University after completing both his B.A. (Hons.) and M.A in Political Studies at Queen’s.
Additional Resources
Discover more about your employment rights in Ontario.The Employment Law Show
5 Common Questions About Termination (And answers you need) | Employment Law Show TV – S6 E03
5 COMMON QUESTIONS ABOUT TERMINATION, unpaid overtime pay, deadline to pursue severance and more on Season 6 Episode 03 of the Employment…
Blog
Lior Samfiru on banning non-compete clauses and employee rights
Employment lawyer Lior Samfiru joins Global News Radio 640 Toronto with Alan Carter to discuss banning non-compete clauses in Ontario and more.
Blog
Right to Disconnect: Coming to Canada?
The federal Liberal government is examining the possibility of updating federal labour standards to give federally-regulated workers the right to ignore work-related…