Benjamin Aberant

First Year of Call
Alberta, 2009, Ontario, 2012

Areas of Practice
Labour Law

Description
Clients look to Ben for practical, proactive, and cost-effective advice on all aspects and stages of their relationships with employees and trade unions.

Ben is a partner in the firm’s Labour & Employment Group who practices in both our Toronto and Calgary offices and advises clients on Ontario and Alberta law. He also provides nationwide labour and employment advice to employers operating across Canada.

Ben represents management in a variety of issues including recruitment, hiring, performance management, employment standards, pay equity, human rights, drug and alcohol testing, disability management, occupational health and safety, workers’ compensation, dismissals, privacy, collective bargaining, labour board proceedings, grievances, and labour arbitrations.

Frequently engaged to conduct workplace investigations, he also has significant experience advising on employment issues arising in mergers and acquisitions and regularly works with the firm’s corporate group on transactions.

Ben helps companies operating in various industries, including oil and gas, energy, utilities, transportation, logistics, retail, hospitality, manufacturing, consumer goods, banking, financial services, communications, property management, security, insurance, technology, pharmaceuticals, cannabis, healthcare, and education. He advises both provincially and federally regulated employers and has conducted unjust dismissal hearings under the Canada Labour Code.

Demonstrating a special interest in helping clients with departing employee issues, he notably advises on non-competition, non-solicitation, and confidentiality clauses. He was the successful counsel in one of the leading cases on the enforcement of non-competition clauses – Ceridian Dayforce Corporation v. Daniel Wright and Ultimate Software, 2017 ONSC 6763.

Ben frequently appears before provincial and federal courts, as well as arbitrators and adjudicators, labour boards, and human rights tribunals, including in the following reported decisions:

Costa v. Edward Jones Investments, 2022 ONSC 7294
Jog v. Bank of Montreal, 2019 FC 1326
Badejo v. The Cadillac Fairview Corporation Limited, 2019 AHRC 67
Ceridian Dayforce Corporation v. Daniel Wright and Ultimate Software, 2017 ONSC 6763
Sugiono v. Human Rights Tribunal (Ontario), 2016 ONSC 3705
Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2015 ABQB 468
Alam v. Toyota Tsusho Canada Inc., 2015 HRTO 571
IMS Health Canada Inc. v Harbin, 2014 ONSC 4350
D’Ermes v. Enbridge Gas Distribution Inc., 2013 HRTO 2098
LIUNA, Local 183 v. Bentall and Hallmark, (2013) O.L.R.D. No. 3505
Kish v. LDM Yorkton Corp., 2013 C.L.A.D. No. 211
760437 Alberta Ltd. v. Fabutan Corp., 2012 ABQB 266
Qualex-Landmark Investments Inc. v. Soroya, 2011 ABQB 354
Ben also regularly presents on labour and employment topics at conferences and seminars. Recent speaking engagements include:

2022 Ethics Center and FEI Canada Toronto Chapter Seminar, National Club Toronto – “Understanding, Promoting and Practicing Ethical Decision-making”
HRPA 2020 HR Law Conference, Toronto – “Return to Work – How to Do It Right”
Canadian Transport Lawyers Association 2020 Annual Conference, Toronto – “Legal Update: Challenges to the Driver Inc. Model”
HRPA 2019 HR Law Conference, Toronto – “War of Attrition: They Won’t Leave!”
CM Murray LLP Global Business Protections 2018 Conference: International Restrictive Covenants and Confidential Information Protections, London, England – “Innovations: Pushing the Envelope in Restrictive Covenants – Innovation in Drafting and Enforcement of Non-Competes and Other Restrictions”
Canadian Transport Lawyers Association 2018 Annual Conference, Montreal – “Cannabis Legalization and the Transportation Industry”
Lancaster House 2018 Human Rights and Accommodation Conference, Toronto – “Accommodating Employees with Mental Health Disabilities: A skills training session”
Lancaster House 2018 Annual Labour Arbitration and Policy Conference, Calgary – “Conducting Harassment Investigations: Practical guidance for employers and unions”
Lancaster House 2016 Annual Labour Arbitration and Policy Conference, Calgary – “Obtaining and Using Medical Evidence”
Ben received his Bachelor of Commerce (2005) from the University of Alberta, where he was the Dr. Hu Harries Gold Medallist, and his JD from Osgoode Hall Law School (2008). Prior to his legal studies, he served in the United States Marine Corps as an Infantryman.

Ben is a member of the Canadian Bar Association, Ontario Bar Association, Law Society of Alberta, Law Society of Ontario, and the Canadian Association of Counsel to Employers. He is also an active member of the Canadian Transport Lawyers Association and the (US) Transport Lawyers Association.