Why choose Results Mediators?

Results Mediators

WE ARE EXPERIENCED

  • We are lawyers first and together have almost 40 years of litigation and mediation experience representing both Plaintiffs and Defendants.
  • We understand insurance, specifically Disability (STD/LTD); Life and Health; AB; and Employment matters.
WE ARE EMPATHETIC
  • We care and understand that there is a lot on the line for each of the parties to a dispute and provide a collaborative forum for constructive and positive discussion.
  • We offer both virtual and in person mediations to suit clients’ needs to ensure the process is comfortable and not stressful for either party.
WE ARE DEDICATED
  • We do not simply relay messages back and forth between parties. We know when to push and when to hold back but ultimately, we will work our very hardest to move the parties toward a successful settlement.
WE ARE AVAILABLE
  • We have dates open before the summer, so you do not have to wait to settle.

Tips for a Successful Mediation

Results Mediators - Tips for a Successful Mediation
The mediation process works best when the parties in dispute are willing to participate in meaningful discussions with a genuine intent to resolve the dispute. Here are a few tips to keep in mind for your next mediation.  
1. Be prepared with documents and authority
In order to assert your position at mediation your Mediation Brief should clearly set out the issues in dispute, the pertinent facts of the case, along with any key evidentiary documents or expert opinions. Without supporting documents or evidence, issues can be difficult to resolve, leaving the parties frustrated at the mediation. In addition to exchanging documents, it is essential that the person at the mediation has full authority to make a binding decision. Being prepared and having the proper authority to settle leads to efficient time spent at a mediation and less frustration for all parties.
2. Respect the process and each other 
Maintaining respect is crucial for a healthy atmosphere within the mediation process.  Getting results, including compromises, within any negotiated dealings is unlikely when anyone feels insulted or disrespected. As mediators we ensure that each person feels they are being heard and respected and guide the mediation to ensure the parties have the time and space they need to maintain proper grounding throughout the process. Often parties get frustrated as the mediation drags on or feels like it’s taking too long. However, the passage of time and process matters and actually assists in reaching a resolution.
3. Focus on solutions to resolve and reach a deal
Settlement is possible when the parties appreciate that a resolution is better than a continuation of the dispute.  As mediators we work towards a deal that satisfies all the parties involved. However, all parties must genuinely focus on achieving a resolution to the dispute. Without good faith and focus the mediation process will end without a resolution.
We hope these tips are beneficial reminders to you and look forward to assisting you with your next mediation.

Koski v Terago Networks Inc.

Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The Supreme Court of British Columbia found that Koski was entitled to the bonus he would have received during his notice period despite a bonus plan/policy that contained restrictive language to the contrary.  Terago Networks was liable for Koski’s bonus during the notice period, with total damages of $102,670.62. In reaching this decision, Justice Hori discussed previous cases including Paquette and Matthews, which found that terms requiring employees to be “full-time” or “actively employed” will not suffice to remove an employee’s common law rights to damages.

Foster v Aviva General Insurance

CERB not akin to EI and not deductible from IRB

In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada Recovery Benefit (“CRB”) should be treated in the same manner as employment insurance benefits, or other remuneration from employment, and therefore deductible when calculating an income replacement benefit (“IRB”).

The applicant requested that the LAT review adjudicator Ferguson’s determination of the deductibility of the CERB / CRB for IRB purposes.  The applicant requested that the original decision be replaced with a decision that the CERB is not deductible from their IRBs.  The respondent, Aviva submitted that it agreed with the applicant and that the LAT erred in determining that the CERB was deductible.

Vice Chair Boyce found that the Tribunal made an error of law, and granted the applicant’s request for reconsideration under Rule 18.2(b) of the Tribunal’s Common Rules of Practice and Procedure. The Vice Chair found that Adjudicator Ferguson in the previous decision incorrectly focused on the definition of “gross employment income” to conclude that CERB is deductible from IRBs as “other remuneration from employment” pursuant to subsection 7(3)(a).

Working for Workers Act, 2021

Results Mediators Right to Disconnect
On November 30, 2021 Ontario passed Bill 27, the Working for Workers Act, 2021 (the “Workers Act”) with Royal Assent expected to follow within the coming weeks. Four key highlights of the Workers Act, are as follows:

1. The “right to disconnect” requires employers with 25 or more employees to develop a written policy addressing employees’ ability to disconnect from work. The Workers Act defines “disconnecting from work” as not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.

2. Another significant development in the Workers Act is the outright ban on non-compete agreements between employers and employees, whether in an employment contract or stand-alone agreement. While such clauses have long been difficult for employers to enforce, an out-right ban is a significant development for both employers and employees, and does away with the common law test for enforceability that focused on whether the clause was reasonable in terms of its scope and duration. There are two exemptions to the ban on non-competes, one is for executives and the other is where the clause is signed as part of the sale of a business and the seller of the business becomes an employee of the purchaser following the sale.

3. The Workers Act eliminates Canadian work experience as a requirement for professional registration and licensing for internationally trained foreign workers. The changes will apply to specific professions, including law, accounting, architecture, engineering, electrical and plumbing. The changes will not, however, apply to the medical field.

4. Lastly, temporary help recruiting agencies will require a license to operate and will be penalized for charging workers illegal recruitment fees. These changes aim to assist foreign workers in avoiding scams and deceitful recruiters when looking for work in Ontario.

Booking Mediations as of October 1, 2021

We are very pleased and excited to announce that Avril Hasselfield and Susan Rai have formed Results Mediators to provide you with professional mediation services!

We both started our legal careers in private practice with a focus on representing Plaintiffs and then moved in-house into the Insurance and Financial Services industry representing all lines of business with their litigation.  Together we have over 35 years of litigation experience on both sides of disputes.

Having participated in countless mediations throughout our careers we have always recognized the value of allowing parties to resolve matters on their own terms outside the courts.

To polish our skills we completed the Mediating Disputes program at Harvard Law School and are ready to take on the roles of mediators to work with you to facilitate your settlements.

We look forward to assisting you with your next mediation and would love to hear from you.

Welcome to Results Mediators

Results Mediators provide effective and economical conflict resolution services to both corporate and private clients for litigated and non-litigated matters across Canada. We believe that mediation creates the best opportunity for parties to find a mutually acceptable result in contrast to the uncertain, costly, and lengthy litigation process.

(more…) “Welcome to Results Mediators”