Ken Stuebing

| Partner

P: 416.775.4683 | F: 416.366.3293

E: stuebingk@caleywray.com | Download VCard

Ken Stuebing began working with CaleyWray Labour and Employment Lawyers as an articling student and joined the firm in 2005 following his call to the Bar.

Ken practices in all areas of labour law acting on behalf of trade unions and associations. Ken’s practice includes appearing at arbitration, before labour boards and other administrative tribunals and providing advice on collective bargaining issues.

Over the course of his career as a legal representative—first with Advocates for Injured Workers (a satellite clinic of the Industrial Accidents Victims Group of Ontario) and presently at CaleyWray—he has developed a special interest in Workplace Safety and Insurance Board claims representation and related issues.

While in law school, Ken co-founded the Student Public Interest Network Legal Action Workshops (SPINLAW) group that organizes annual conferences to highlight pressing issues in social justice and public policy. In 2004, Ken was awarded the Osgoode Society Legal History Book Prize for excellence in legal historical writing.

Ken is a firm believer in the transformative power of song and the importance of music in general for social movements. For Ken, music is like breathing.

Activities

  • Member, Canadian Bar Association – Ontario
  • Ontario Vice President, Canadian Association of Labour Lawyers (CALL)
  • Member, Ontario Bar Association Workers’ Compensation Executive
  • Member, Law Union of Ontario
  • Member, WSIAT Advisory Group
  • Vice-Chair, Ontario Bar Association, Workers' Compensation Section Executive

Recent Notable Cases

  • International Brotherhood of Electrical Workers System Council No. 11 and Canadian Pacific Railway Company (June 16, 2011) [In view of significant mitigating factors, an employee who had been terminated for possesing and using a hunting rifle in an attempt to shoot deer during working hours while working in remote areas of Northern Ontario was ordered reinstated with no loss of seniority and one-half of his lost wages and benefits]
  • Canadian Railway Office of Arbitration and Dispute Resolution Case No. 3775 (June 24, 2009) [The employer had no cause to terminate an employee for absences due to the emotional consequences of a railway crossing accident. The grievor was ordered reinstated with full compensation and no loss of seniority] http://www.croa.com/MSAWARDS/CR3775.doc
  • Imperial Oil Limited v. Communications, Energy and Paperworkers Union of Canada, Local 900, 2008 CanLII 71971 (ON L.A.) [The employer violated the Collective Agreement when it did not continue to credit the grievor with his vacation entitlement while the grievor was on disability leave]http://www.canlii.org/en/on/onla/doc/2008/2008canlii71971/2008canlii71971.pdf 
  • Canadian National Railway Company and Teamsters Canada Rail Conference - Occupational Health and Safety Tribunal of Canada Case No. 2012-95. Successfully defended against CN's appeal and confirmed the Health and Safety Officer's authority and discretion to state in his direction that contraventions of the Code (inadequate signage and lack of clarity of information regarding known hazards) "resulted in a derailment and an employee sustaining fatal injuries".
  • Workplace Safety and Appeals Tribunal Decision No. 1429/11. Achieved entitlement for the esophageal cancer as related to occupational asbestos exposures while working as a pipefitter. Entitlement was granted on the basis of supportive medical evidence and scientific publications that support an association between asbestos exposure and esophageal cancer. http://canlii.org/en/on/onwsiat/doc/2012/2012onwsiat1404/2012onwsiat1404.html?searchUrlHash=AAAAAQAPc3R1ZWJpbmcgY2FuY2VyaaaaaE

Publications

  • A Tale of Two Bona Fides OBA Labour Relations Volume 11, No. 1 (Sept. 2008)
  • Have I Told You, Lately? The OLRB Exercises Newfound Discretion to Relieve Against Statutory Timelines – OBA Labour Relations Volume 10, No. 2 (Dec. 2007)
  • Gimme Shall-ter: The Ontario Superior Court of Justice (Divisional Court) Reverses OLRB Precedent on TimelinessOBA Labour Relations Volume 9, No. 5 (May 2007)
  • To Sue or Not to Sue: That Raise Many Questions OBA Workers Compensation Section Volume 14, No. 3 (May 2010)
  • Admitted to the Ontario Bar - 2005
  • University of Toronto – J.D. (2004)
  • University of Alberta – B.A. (Hons.) (2000)

Sharon Henry

416.366.3763 x238
henrys@caleywray.com