82 Rockhurst
Wakefield QC  J0X 3G0
Tel: (819) 923-7524
Alternate Tel: (613) 533-6000
Fax: (613) 533-6509
Email: banksk@queensu.ca

Primary Jurisdiction

Ontario

Arbitration Practice

In practice since 2015; conducts arbitration in English and French; also active in federal jurisdiction.

Education

S.J.D., 2003, Harvard Law School; LL.B., 1989, University of Toronto; B.A., 1986, University of Toronto.

Background

Associate Professor of Law, Queen’s University, 2007-Present; Director, Centre for Law in the Contemporary Workplace, Queen’s University, 2011-Present; Director General, Labour Policy and Workplace Information, Public Service of Canada, 2006-2007; Director of Research, Federal Labour Standards Review Commission, Public Service of Canada, 2005-2006; Director, Inter-American Labour Affairs, Public Service of Canada, 2001-2006; Senior Labour Law Advisor, Secretariat of the NAFTA Commission for Labour Cooperation, 1998-2001; Counsel, Canadian Association of University Teachers, 1993-1998; Consultant/Researcher, Commission on the Future of Worker-Management Relations (“Dunlop Commission”), U.S. Department of Labor, 1993; Associate, Jesin and Watson, 1991-1992.

Standard Fees for Cancellation

No charge if date of cancelled hearing is used for another hearing; $500-$1,000 if notification is received before a hearing is scheduled; $750 if notification is received 2-4 weeks prior to hearing date; $1,000 if notification is received less than 2 weeks before hearing date; $500 on cancellation of expedited arbitration (s.49, OLRA).

Lists and Panels

Member, Ontario Grievance Settlement Board; Member, Chapter 23 Panel of Experts Roster, Canada- European Union Comprehensive Economic and Trade Agreement; Member, Roster of Panelists for Chapter 31 Dispute Settlement Panels US-Mexico- Canada Free Trade Agreement; Member, Canada – Mexico Lists of Rapid Response Labor Panelists US-Mexico- Canada Free Trade Agreement. Ministerial List, Canada Labour Code, Part I.

Related Adjudication Experience

Unjust dismissal and wage recovery adjudication, Canada Labour Code, Part III; Panel Chair, In the Matter of Guatemala – Issues Relating to the Obligations Under Article 16.2.1(a), an international dispute arising under the labour chapter of the United States–Central America–Dominican Republic Free Trade Agreement (CAFTA-DR).

Associations

Ontario Labour-Management Arbitrators’ Association. National Academy of Arbitrators.

Related Publications

K. Banks, “Fit for Purpose? The Extent and Enforcement of Trade Agreement Labor Obligations After the Guatemala – Labor Obligations Decision”, 52 Georgetown Journal of International Law 639 (2021)

K. Banks, R. Chaykowski and G, Slotsve, ““Labour Rights Arbitration in Canada: An Empirical Investigation of Efficiency and Delay in a Changed Legal Environment”, 22 Canadian Labour and Employment Law Journal 231 (2020)

“Employment Standards Complaint Resolution, Compliance and Enforcement: A Review of the Literature on Access and Effectiveness,” prepared for the Ontario Ministry of Labour to support the Changing Workplaces Review of 2015 (Queen’s Printer, 2016) – author; “Did Weber Affect the Timeliness of Arbitration?” in One Law for All? Weber v. Ontario Hydro 20 Years On (Irwin Law, 2017) – co-author; “Reasonable Accommodation as Equal Opportunity in Canadian Employment,” 93 Bulletin of Comparative Labour Relations 47 (2016) – author; “The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union,” in Handbook of Comparative Labour and Employment Law (Elgar, 2015) – co-author; “The Accommodation Gap in Canadian Workplaces: What Does it Mean for Law, Policy and an Aging Population?” 17 Canadian Labour and Employment Law Journal 295 (2013) – co-author.

Arbitrators are invited to send awards to decisions@lancasterhouse.com. In an effort to facilitate access to justice, Lancaster House forwards all awards it receives from arbitrators to CanLII.