Employment lawyer, Chris Robertson and a rotation of special guests dissect stories of workplace drama and determine a fair outcome. The arguments and chatter may be juicier than the stories themselves. We hope you find these conversations entertaining, informative, and indulgent.
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Baker v Van Dolder's Home Team Inc., 2026 ONCA with Jon Pinkus and Barry Fisher
Is the landscape of employment law shifting? Two recently released Court of Appeal decisions — Baker v Van Dolder's Home Team Inc. and Li v Wayfair Canada ULC — are getting a lot of promotion, but do these appeals stand for the proposition that employment law has changed? Our panelists explore what these decisions really say about contractual interpretation and consider the practical implications for employers and employees alike. Ride along as some of Toronto's top lawyers dig into the mechanics of the legal arguments.
17 Jun 2026
Adelman v IBM Canada Inc. with David Whitten and Cédric Lamarche
The episode features a discussion on the case of Adelman versus IBM Canada, focusing on the entitlement to bonuses, RSUs, and damages post-termination. The panelists discuss the uncertainty and challenges in employment litigation, the interpretation of saving provisions, and the distinction between stock options and RSUs. They also explore the implications of RSUs as wages from employment and the need for clarity in severance provisions to attract business to Canada.
4 Jun 2026
Williamson v Brandt Tractor Inc. with Neena Gupta and Ellen Low
“Employment income earned during the notice period is generally to be treated as mitigation of loss”.
Join employment law leaders Nina Gupta, Ellen Lowe and Chris Robertson as they delve into the pivotal Williamson v. Brandt Tractor case, reshaping our understanding of mitigation and wrongful termination payments. Discover why the evidentiary threshold for just cause is challenging, how recent case law impacts mitigation earnings, and the strategic importance of managing notice periods. This episode offers essential insights for employment lawyers, HR professionals, and business owners navigating the evolving legal landscape. Don't miss this insightful breakdown.
6 May 2026
Kirchmair v. EXP Global Inc. with Matthew Dewar and Barry Fisher
Barry Fisher and Matthew Dewar join Chris Robertson and Sarah Goodenough to discuss Kirchmair v EXP Global Inc. This episode dives into a high stakes, alleged constructive dismissal and offers a nuanced analysis on issues surrounding contractual termination provisions, various bonus structures, damages tied to incentive compensation, and when employer conduct crosses the threshold into moral and punitive liability.
Is there a case you would like to hear us talk about? Do you have a story of workplace drama you would like to share with our panel? Reach out to us at watercoolerjustice@gmail.com (mailto:watercoolerjustice@gmail.com).
14 Apr 2026
The Off-Cycle Link Between the Canadian Job Market and Court Decisions
Chris and Sarah sit down with special guest, Rich Dias to explore the fascinating intersection of macroeconomics with wrongful dismissal disputes. From the famous Bardal factors and reasonable notice periods, to unemployment rates and economic cycles - this episode truly has it all.
Whether you're an employment lawyer, an economics nerd, or simply a curious mind drawn to the unexpected overlap between two seemingly distinct worlds - this one's for you!
Rich is a global macro strategist with over 15 years of experience working for institutions in both Canada and the U.K. He is also a co-host on the Loonie Hour - a podcast dedicated to breaking down Canadian and global economics. Currently he is based in Montreal with IceCap Asset Management as a Global Strategist.
12 Feb 2026
Wigdor v. Facebook and Liggett v. Veeva with Ellen Low and Sean Bawden
"Two compensation schemes that look almost identical on paper can lead to wildly different outcomes.”
Chris Robertson and Sarah Goodenough are joined by employment lawyers Ellen Low and Sean Bawden to unpack the murky and increasingly high-stakes world of restricted stock units (RSUs). In this episode, the panel compares Wigdor v. Facebook Canada and Liggett v. Veeva Software System, two recent Ontario cases involving equity compensation, termination, and notice, with sharply divergent results.
The conversation explores why RSUs continue to sit in a legal grey zone, how courts are navigating the tension between the Employment Standards Act and common law reasonable notice, and why precise drafting (or the lack of it) can mean the difference between forfeiting millions or recovering vested compensation. The panel also debates whether RSUs should be treated as wages or benefits, the role of good faith and discretion in forfeiture decisions, and what these cases signal for employers and employees alike as equity-based compensation becomes more common.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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14 Oct 2025
Chan v. NYX Capital Corp with Ellen Low and Matthew Dewar
Ellen Low and Matthew Dewar join Chris Robertson and Sarah Goodenough to discuss Chan v. NYX Capital Corp. This case explores the limits of probationary employment and what happens when employers attempt to contract out of the Employment Standards Act. The panel dives into the meaning and implications of the phrase “at any time for any reason” in termination clauses, and why small drafting choices can make or break enforceability. With a mix of humour and technical insight, they reveal how two simple words, “legally permissible”, might be the key to getting it right.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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9 Sept 2025
Kondaj v. Crossbridge with Barry Fisher and Robert Richler
"The toughest cases in the world to predict the outcome are short service people. There’s no other word for it, they’re just a complete and utter mess." Barry Fisher and Robert Richler join Chris Robertson to discuss Kondaj v. Crossbridge Condominiums. In this episode, the panel unpacks the complexities of determining reasonable notice for short-service employees and explores whether notice functions as an objective calculation, a bridge to re-employment, or simply a judicial “crapshoot.”
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23 Apr 2025
Preston v. Cervus Equipment Corporation and Bertsch vs. Datastealth Inc. with Matthew Fisher and Matthew Certosimo
"We have put all this work in and none of it will matter if the decimal is in the wrong place, or the release has two extra words we didn't notice." Matthew Fisher and Matthew Certosimo join Chris Robertson and Sarah Goodenough to discuss Preston v. Cervus Equipment Corporation and Bertsch v. Datastealth Inc. The common theme in these two cases is that employment law is not as unfair to employers as it is often alleged. It is, rather, a heavily technical process for both sides. Both these cases show that the devil is truly in the details.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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11 Mar 2025
Galea v. Wal-Mart with Muneeza Sheikh and Ellen Low
"Do you think that awards are going up? Or do they seem stuck?" Muneeza Sheikh and Ellen Low join Chris Robertson and Sarah Goodenough to discuss Galea v. Walmart. Here, the topic of punitive damages in the world of employment law is described in length, and the panel talks about the implications damages might have in cases with larger corporate wrongdoers. Additionally, the panel gets into the reasoning behind why awards may differ dramatically on a case to case basis.
Is there a case you’d like to hear us talk about? Do you have a story you’d like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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13 Feb 2025
Dufault v. Township of Ignace with Barry Fisher and Stuart Rudner
Stuart Rudner and Barry Fisher join Chris Robertson and Sarah Goodenough to discuss Dufault v. The Township of Ignace. They discuss how the termination provision was struck not only for violating Waksdale but went further identifying new attacks on termination provisions including "at any time", a phrase that is as ubiquitous as "without cause" in employment agreements. They explore the challenges faced by both employees and employers, the complexities of legal language in contracts, and the need for clearer guidelines in employment agreements.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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15 Jan 2025
Mediation with Barry Fisher and Andrew Monkhouse
Chris Robertson discusses mediation in employment law with industry experts Andrew Monkhouse and Barry Fisher, exploring the impact of contingency fees and challenging dispute resolutions.
10 Dec 2024
Mechalchuk v. Galaxy Motors with Barry Fisher and Stuart Rudner
Employment law experts Chris Robertson, Barry Fisher, and Stuart Rudner explore the implications of dishonesty in the workplace and the importance of integrity in just cause dismissals.
5 Nov 2024
Wall v. M.H. Rowe Sheet Metal Fabricating Inc.
"This is a classic example of what judges should do."
Chris, Barry, and Matt Dewar discuss a recent wrongful dismissal case. The panel explores notice periods, the implications of COVID-19 on job searches, and the legal arguments surrounding mitigation of damages. They delve into the strategies employed by both the employer and the employee, providing insights into employment law practices and the challenges faced in the current job market. In this conversation, we discuss the complexities of employment law, focusing on the significance of transferable skills, the volume of job applications, and the challenges faced by both employees and employers in proving mitigation efforts. The discussion highlights the nuances of the legal framework surrounding employment and the practical realities of job searching.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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8 Oct 2024
How v. PRGX with Barry Fisher and Ellen Low
"This case is like a law school exam!" Chris, Barry, and Ellen examine the wrongful dismissal case Jimmy How Tein Fat v. PRGX Canada Corp. and share their thoughts. They touch on minimum payments, the onus on employers to show a failure to mitigate, and even the disadvantage of using AI tools to calculate payments. Tune in for an entertaining conversation and learn what the prevailing thoughts and trends are in the world of employment law.
IMPORTANT NOTE: Throughout the episode, we mistakenly refer to the defendant as PGRX, when in fact the company is called PRGX.
Is there a case you'd like to hear us talk about? Do you have a story you'd like to share with our panel? Reach out to us at: watercoolerjustice@gmail.com
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4 Oct 2024
Water Cooler Justice | Trailer
Welcome to Water Cooler Justice a new podcast by Robertson Law that will explore the push and pull of business and fairness through the lens of employment. In each episode, we will hear a real life example of workplace drama, the rights of the employee and responsibility of the employer, and our approach to a fair turn out.
Each episode will feature guests from the industry and we will hear their perspectives and come to an agreement. Enjoy!
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5.0 / 5
6 ratings
Podcast Authority Score: 6 / 100
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11
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0
YouTube
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