Paul Boshyk 

Toronto  t: 416.865.7298  |  e: paul.boshyk@mcmillan.ca
Calgary  t: 403.231.8389

Paul Boshyk

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7298
e: paul.boshyk@mcmillan.ca

overview

As a member of the firm's Advocacy & Employment Group, Paul has broad experience in the areas of employment and labour law, and corporate and commercial litigation.

In his employment and labour practice, Paul advises domestic and international clients in all aspects of provincial and federal law, including hiring and termination, collective bargaining, human rights, and workplace accessibility. He also regularly acts for vendors and purchasers in connection with the employment and labour implications of complex corporate transactions.

In his litigation practice, Paul has appeared as lead counsel before all levels of court in Ontario, the Human Rights Tribunal of Ontario, the Ontario Labour Relations Board, and at numerous mediations and arbitrations.

Before attending law school at the University of Calgary, Paul completed a B.A.H. in Political Science at Queen's University. As a member of the Golden Gaels Varsity Football Team, he was twice honoured with Canadian Interuniversity Sport Academic All-Canadian recognition, and was awarded the Bill Miklas Trophy for Academics, Athletics and Citizenship.

Representative Matters

Corporate Transactions

  • Acted for In-House Realty, sister company of retail mortgage lender Quicken Loans, in connection with its acquisition of OpenHouse Realty
  • Acted for Legrand North America LLC. in connection with its acquisition of Solarfective Products Limited.
  • Acted for Thoma Bravo, LLC in connection with its $1.575 billion acquisition of the shares of TRADER Corporation (autoTRADER)
  • Acted for SABMiller plc as Canadian counsel in connection with Canadian Competition Bureau clearance of its USD$107 billion take-over by Anheuser Busch InBev SA/NV
  • Acted for Experis, part of the ManpowerGroup family of companies, in connection with its acquisition of a majority ownership of Veritaaq Technology House Inc.
  • Acted for Israel Chemicals Ltd. in connection with its acquisition of the outstanding common shares of Allana Potash Corp.
  • Acted for G3 Global Grain Group in connection with the privatization of G3 Canada Limited (formerly The Canadian Wheat Board)
  • Acted for HB Construction Company Ltd., a wholly owned indirect subsidiary of The Williams Companies, Inc., in connection with its acquisition of certain assets of Comstock Canada Ltd.
  • Acted for Resource Label Group, LLC in connection with its acquisition of certain assets of A1 Label Inc.
  • Acted for FrontStream Payments, Inc. in connection with its acquisition of the shares of leading online fundraising solutions provider Artez Interactive

Selected Cases

  • Successfully defended dismissal of senior-executive for breach of fiduciary duty in 969625 Ontario Ltd. v Goldstone Resources, 2017 ONSC 879
  • Successfully upheld dismissal for workplace sexual harassment in Innophos Canada Inc. v United Steelworkers, Local Union 6304, 2016 CanLII 30878 (Ont Arb)
  • Successfully moved to dismiss action for delay in Pombo v Canac Kitchens, 2016 ONSC 1064
  • Successfully opposed application for union certification in Detour Gold Corp. v Ontario Pipe Trades Council of the UA, 2015 CarswellOnt 704 (OLRB)
  • Successfully opposed unjust dismissal complaint under the Canada Labour Code in Rowland v Cherokee Trailer & Truck Repairs, 2015 CLB 540 (Rose)
  • Represented the successful estate trustees in Sheard Estate, 2013 ONSC 7729
  • Represented the successful defamation plaintiff in Kim v Dongpo News, 2013 ONSC 5751
  • Represented the successful employer in Tilton Industries Inc. v CAW-Canada, 2013 CanLII 101359 (Ont Arb)

Publications

In Case You Missed It: Significant Changes to Alberta's Workplace Laws Are Coming
No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee
Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming
Ontario Bill 148 What Does It Mean for Employers in the Construction Industry
Contracting Out: Not Always Successor or Common Employer
Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat
Employment Contracts: Enforceable Termination Provisions Exist
Back in Styles: Controversial Incentive Compensation Decision Gets Overturned
Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario
New Year, New AODA Requirements
Reminder: Changes to Workplace Harassment Rules are Just Around the Corner
Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light
Employment Contracts and the Duty to Act Honestly
Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal
The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision
How to Protect Business Property and Information in Commercial Transactions
2 Become 1: AODA Standards to Consolidate on July 1st
Keeping the Faith: Human Rights Damages Awarded to Unqualified Job Applicant
I'm Taking My Contract and Going to Court: Employers Must Consider Contractual Interests of Dismissed Employees
AODA Update: New Employment Standard Requirements Right Around the Corner
Handle With Care: Damages May Be Awarded for Unreasonable Disciplinary Action
The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal
Restitutionary Damages: Recent Decisions Affirm Broad Powers of Human Rights Tribunal
Record High Damages for Workplace Sexual Misconduct in Landmark Human Rights Decision
Performance Bonuses: Employer Discretion Alive and Well
Up and Atom: Victory for Federally Regulated Employers as Court Okays Without Cause Dismissals
28 Years Later: Constitutional Right to Strike Confirmed by Supreme Court
Be Prepared: Ontario Enacts Significant Changes to Employment Laws
Has Your Organization Filed an Accessibility Report? This – and Other AODA Requirements – Fast Approaching
Settling Outside the Box: Scotiabank Reaches Novel Deal in Overtime Class Action
Are Contractual Termination Provisions Reliable?
Facebook posts about co-worker sanctioned by human rights law
Preparing for "round 2" of the AODA: The integrated accessibility standards
U can't touch this: Insurance sales brokers may be free to take their book of business elsewhere
Not what you bargained for: Court hands down controversial ruling on termination provisions
Employees have a reasonable expectation of privacy in workplace computers, says Supreme Court
Click to upload: Alberta court backs right to post picket line surveillance videos on the internet
Employees are required to disclose confidential medical information for accommodation purposes

News

Canadian Counsel to Refresco Group N.V. in its US$1.25 Billion Acquisition of Cott Corporation

Education

  • Osgoode Hall Law School, Certificate in Negotiation - 2015
  • University of Calgary, JD - 2011
  • Queen's University, BAH (Political Science) - 2008

Year Of Call

  • Called to the Alberta bar - 2017
  • Called to the Ontario bar - 2012

Practices

employment and labour relations
employment law
employment litigation
executive compensation
harassment and discrimination
labour arbitration
labour relations
litigation

Directorships and Professional Associations

  • Canadian Association of Counsel to Employers (CACE)
  • Ontario Bar Association
vcard

As a member of the firm's Advocacy & Employment Group, Paul has broad experience in the areas of employment and labour law, and corporate and commercial litigation.

In his employment and labour practice, Paul advises domestic and international clients in all aspects of provincial and federal law, including hiring and termination, collective bargaining, human rights, and workplace accessibility. He also regularly acts for vendors and purchasers in connection with the employment and labour implications of complex corporate transactions.

In his litigation practice, Paul has appeared as lead counsel before all levels of court in Ontario, the Human Rights Tribunal of Ontario, the Ontario Labour Relations Board, and at numerous mediations and arbitrations.

Before attending law school at the University of Calgary, Paul completed a B.A.H. in Political Science at Queen's University. As a member of the Golden Gaels Varsity Football Team, he was twice honoured with Canadian Interuniversity Sport Academic All-Canadian recognition, and was awarded the Bill Miklas Trophy for Academics, Athletics and Citizenship.

Corporate Transactions

  • Acted for In-House Realty, sister company of retail mortgage lender Quicken Loans, in connection with its acquisition of OpenHouse Realty
  • Acted for Legrand North America LLC. in connection with its acquisition of Solarfective Products Limited.
  • Acted for Thoma Bravo, LLC in connection with its $1.575 billion acquisition of the shares of TRADER Corporation (autoTRADER)
  • Acted for SABMiller plc as Canadian counsel in connection with Canadian Competition Bureau clearance of its USD$107 billion take-over by Anheuser Busch InBev SA/NV
  • Acted for Experis, part of the ManpowerGroup family of companies, in connection with its acquisition of a majority ownership of Veritaaq Technology House Inc.
  • Acted for Israel Chemicals Ltd. in connection with its acquisition of the outstanding common shares of Allana Potash Corp.
  • Acted for G3 Global Grain Group in connection with the privatization of G3 Canada Limited (formerly The Canadian Wheat Board)
  • Acted for HB Construction Company Ltd., a wholly owned indirect subsidiary of The Williams Companies, Inc., in connection with its acquisition of certain assets of Comstock Canada Ltd.
  • Acted for Resource Label Group, LLC in connection with its acquisition of certain assets of A1 Label Inc.
  • Acted for FrontStream Payments, Inc. in connection with its acquisition of the shares of leading online fundraising solutions provider Artez Interactive

Selected Cases

  • Successfully defended dismissal of senior-executive for breach of fiduciary duty in 969625 Ontario Ltd. v Goldstone Resources, 2017 ONSC 879
  • Successfully upheld dismissal for workplace sexual harassment in Innophos Canada Inc. v United Steelworkers, Local Union 6304, 2016 CanLII 30878 (Ont Arb)
  • Successfully moved to dismiss action for delay in Pombo v Canac Kitchens, 2016 ONSC 1064
  • Successfully opposed application for union certification in Detour Gold Corp. v Ontario Pipe Trades Council of the UA, 2015 CarswellOnt 704 (OLRB)
  • Successfully opposed unjust dismissal complaint under the Canada Labour Code in Rowland v Cherokee Trailer & Truck Repairs, 2015 CLB 540 (Rose)
  • Represented the successful estate trustees in Sheard Estate, 2013 ONSC 7729
  • Represented the successful defamation plaintiff in Kim v Dongpo News, 2013 ONSC 5751
  • Represented the successful employer in Tilton Industries Inc. v CAW-Canada, 2013 CanLII 101359 (Ont Arb)

June 2017
No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

Employment and Labour Law Bulletin, Litigation Bulletin

April 2017
Contracting Out: Not Always Successor or Common Employer

Employment and Labour Relations Bulletin

February 2017
Employment Contracts: Enforceable Termination Provisions Exist

Employment and Labour Bulletin

December 2016
New Year, New AODA Requirements

Employment and Labour Bulletin

August 2016
Employment Contracts and the Duty to Act Honestly
Employment and Labour Bulletin
June 2016
2 Become 1: AODA Standards to Consolidate on July 1st
Employment and Labour Bulletin
May 2015
Performance Bonuses: Employer Discretion Alive and Well
Employment and Labour Bulletin
December 2014
Be Prepared: Ontario Enacts Significant Changes to Employment Laws
Employment and Labour Bulletin
February 2014
Are Contractual Termination Provisions Reliable?
Employment and Labour Bulletin
July 2013
Facebook posts about co-worker sanctioned by human rights law
Employment and Labour Bulletin