JTC Litigation is the law practice of Jennifer Chan. Individuals, companies and non-profit organizations hire her when they need help asserting their legal rights in workplace disputes.
Her roster of clients include executives, regulated professionals, non-executive employees and small and mid-sized employers across Ontario. Clients come from a range of industries including tech, legal, finance, healthcare and emergency services.
At the heart of our practice, we advance and defend employment-related litigation matters, including:
- civil wrongful dismissal actions
- human rights claims
- reprisal applications
- constructive dismissals
- terminations for cause
- unpaid bonuses/commissions
- complaints of unsafe work conditions
- contractual disputes (enforceability of restrictive covenants)
- employee classification disputes
In addition to our litigation services, we also provide legal services to proactive business owners who seek to avoid employment disputes.Many of our organizational clients rely on us for legal advice and document drafting with respect to hiring, terminating and accommodating employees.We review and provide employment contracts, termination letters, and other essential employment documents.
Our experience in employment, human rights, and workers' compensation matters allow us to be a unique one-stop shop for clients who face multiple proceedings arising out of the same employment relationship.
That said, we also represent clients who exclusively require representation in complex appeals that involve loss of earnings, survivor benefits, benefits for traumatic mental stress, occupational disease issues, full Loss of Earning denials, and chronic pain disability benefits. We also have experience representing clients in right to sue applications.
We believe the key to a successful appeal involve a strong command of the medical evidence, a compelling narrative, and the ability to organize and present hundreds, if not thousands, of medico-legal documents in a coherent manner.
In addition to representation at hearings, we also assist employers with respect to return to work meetings, requesting SIEF relief and general legal advice.
We represent clients in sensitive workplace investigations. From the accommodation of employees who have concurrent criminal proceedings to navigating complaints of sexual harassment, we have experience representing employees who are subject of complaints and employees who have filed complaints. We also have experience representing employers who have to conduct and respond to workplace investigations.
In addition to assisting individuals and employers through internal workplace investigations, we have experience representing clients in investigations conducted by professional regulatory bodies including the College of Nurses of Ontario and the Mutual Fund Dealers Association of Canada.
Jennifer has exclusively practiced employment and workers’ compensation law since she was admitted to the Bar over seven years ago.
Jennifer’s advocacy style is predicated on hard work and first principles thinking. She understands that clients have different goals and tailors her advocacy accordingly.
She routinely appears before the Ontario Superior Court of Justice, Workplace Safety and Insurance Board, Workplace Safety and Insurance Appeals Tribunal, Human Rights Tribunal of Ontario, Ontario Labour Relations Board, Canada Industrial Relations Board, Ontario Small Claims Court and arbitration proceedings. She has had the privilege of appearing before the Supreme Court of Canada.
Prior to opening her own firm, she worked in both the public and private sector.
Read her reviews.
BAR ADMISSIONS
Ontario, 2016
EDUCATION
University of Windsor, Faculty of Law
McGill University
PROFESSIONAL MEMBERSHIPS
Member of the Law Society of Ontario
Member of the Ontario Bar Association
Member of the Advocates' Society
Member of the Toronto Lawyers Association
Member of the Federation of Asian Canadian Lawyers
Member of the Legal Advisory Board of Rosa
SPEAKING ENGAGEMENTS
Speaker, "Scope of Competency", Law Society of Ontario - Ethical Issues in Workers' Compensation Law for Lawyers and Paralegals, November 4, 2021, Toronto, ON
Speaker, "Infection Disease Emergency Leave or Temporary Layoff: Understand Employment Relationships in COVID", ezCPD, June 17, 2021, online
Speaker, "Emerging Issues and How to Develop a Workplace Safety/Investigation Practice", Ontario Bar Association - Introduction to Workplace Safety and Harassment Law and Investigations, April 14, 2021, Toronto, ON
Speaker, "After the Investigation", Ontario Bar Association - Workplace Harassment Investigations: What you need to know before, during and after, February 24, 2021, Toronto, ON
Program Chair, "Ethics and Professionalism in Workers' Compensation Adjudication", Ontario Bar Association, November 13, 2019, Toronto, ON
Speaker, "Introduction to Workplace Safety and Harassment Law and Investigations", Ontario Bar Association, September 12, 2019, Toronto, ON
Speaker, "Mental Fitness to Support a Successful Practice", 12th Annual Federation of Asian Canadian Lawyers (FACL) Conference & Gala, February 23, 2019, Toronto, ON
SELECT EXPERIENCE AND REPRESENTATIONS
Litigation proceedings often resolve confidentially prior to trial. However, there are matters which can only be resolved by an order from a court or administrative tribunal. Here is a sample of our representative experience:
Randhawa v. Minerva Pain Management Group Inc., 2023 ONSC 5054
Represented Mr. Randhawa, an internationally-trained physician, who brought a motion to strike portions of the Statement of Defence, which referenced College of Physicians and Surgeons of Ontario (CPSO) proceedings and evidence from those proceedings. The Court agreed to strike several provisions of the Statement of Defence and award costs to Mr. Randhawa.
Chin v Beauty Express Canada Inc., 2022 ONSC 6178
Represented Ms. Chin in a multi-day wrongful dismissal civil trial. The Court agreed with our submissions that her prior service with a previous employer (who went bankrupt) should be considered in the length of her common law notice.
Ontario Public Services Union v Administrative Staff Union, 2022 CanLII 47
Represented the law firm for the Administrative Staff Union in a motion that sought its removal due to an alleged conflict of interest. OPSEU, who brought the motion, argued that the law firm had conflicting interests due to its ongoing representation of another union against OPSEU. After multiple days of hearing, the arbitrator dismissed OPSEU's motion, allowing the law firm to continue to represent the ASU.
Doug Murray v 1978352 Ontario Inc. o/a Paradise Comics, 2019 CanLII 81005
Represented Mr. Murray who alleged he was wrongfully terminated after raising health and safety concerns with his employer. After several days of hearing, the Ontario Labour Relations Board made several credibility findings in favour of Mr. Murray and concluded that Mr. Murray was unlawfully terminated.
Ellen Farnsworth v Dr. Khaled Elgadi (21 October, 2019), Superior Court of Justice, Haileybury (unreported)
Assisted in the representation of Dr. Elgadi, the Defendant in a wrongful dismissal action brought by a former employee. Dr. Elgadi terminated the Plaintiff for cause upon discovering that she had ordered blood work for a patient without Dr. Elgadi's consent or knowledge. The Court found that the Plaintiff's actions were "tantamount to forgery, falsification and dishonesty" and dismissed the Plaintiff's claim in entirety.
Decision No. 2872/16, 2018 ONWSIAT 176
Represented the estate of a worker in an appeal involving several issues including survivor benefits. The worker had received initial entitlement to benefits after sustaining a work-related injury while driving a long-haul truck between Quebec and Ontario.
Three years after the accident, the worker tragically committed suicide.
The estate applied to WSIB for survivor benefits for the widow and two children arguing that the worker's suicide was connected to his work-related injury. The WSIB, in addition to denying the claim for survivor benefits, retroactively reversed the worker's initial entitlement to benefits due to a finding that the worker had been intoxicated while driving, taking him out of the course of employment.
The WSIAT overturned the WSIB's decision to retroactively deny the worker's initial entitlement, as well as found that the worker's injury contributed to his suicide. The client was entitled to survivor benefits and the worker was posthumously entitled to psycho-traumatic disability benefits and a NEL redetermination. The result was a six-figure award to the estate of the worker and ongoing financial support to both the widow and two children.
Decision No. 417/19, 2019 ONWSIAT 685
Represented a client in an appeal involving the denial of benefits for chronic obstructive pulmonary disease. The WSIB held that the client's diagnosis was not due to occupational exposure. WSIAT allowed the appeal based on the significant contributing factor test.
Canada Post Corp. v Canadian Union of Postal Workers, 2019 SCC 67
Intervened on behalf of the Workers' Health and Safety Legal Clinic in an appeal concerning the statutory interpretation of s. 125 of the Canada Labour Code.
Decision No. 2219/18, 2018 ONWSIAT 2917
Represented a client who was no longer able to work following a work-related injury. The appeal was successful and the client was entitled to ongoing entitlement retroactively from three years of the date of the decision, as well as full Loss of Earnings for a period of time.
Decision No. 2703/16I, 2017 ONWSIAT 578
Represented the Tribunal Counsel Office ("TCO"), a specialized legal department at the Workplace Safety and Insurance Appeals Tribunal, in a preliminary hearing to determine whether a party's chosen representative was legally entitled to represent him with respect to his appeal.
Decision No. 3334/18, 2019 ONWSIAT 215
Represented a client who was denied chronic pain disability (CPD) benefits stemming from a repetitive strain injury that resulted in a 17% Non-Economic Loss. WSIAT allowed the appeal and held that the degree of pain the client experienced was inconsistent with the organic findings.
BETTER NOT BIGGER
In Zero to One, Peter Thiel writes that whenever he interviews someone he asks: "What important truth do very few people agree with you on?" Jennifer’s answer is that growth has diminishing returns. In order to achieve excellence, Jennifer ardently believes that you must remain small. No arbitrary billing targets or backbreaking caseloads. She disavows eighty-hour weeks, chaotic work environments, and passing the buck to someone else. Working with a boutique law firm means that client emails are answered, focus is concentrated, and deadlines are always met.
The first step is to schedule an initial consultation about your matter. Jennifer will review your documents, advise you of legal strategies, and calculate any potential monetary damages. Following the meeting, she will send a summarizing email so you can rest easy knowing that you have the required information to make an informed decision.
Initial consultations are charged at a flat rate.
Inquiries receive a response within one business day.