Lancaster House

Strategic Arbitration Advocacy Certificate Program
2026-12-08 12:00 - 2026-12-10 15:30 (America/St_Johns) | Virtual Event
2 sessions: Tuesday, December 8 and Thursday, December 10, from 12:00 p.m. – 3:30 p.m. ET each day

This virtual program is taking place in partnership with the Gardiner Centre at Memorial University of Newfoundland.
Program Details
Effective arbitration advocacy in complex cases requires more than mastering the basics. High-stakes matters often involve intersecting statutory regimes, digital evidence, credibility disputes, and evolving issues. Success depends on knowledge of the rules, strategic evidentiary decisions and confident advocacy under pressure.
Throughout this advanced program, experienced faculty will guide participants through the core elements of sophisticated arbitration strategy: building a unified and persuasive case, managing complex evidentiary and procedural challenges, and executing high-impact examinations and submissions. Participants will refine their ability to reframe weak facts, address adverse evidence, handle expert and digital records, and respond strategically to objections and preliminary issues.
Across two intensive days, participants apply these techniques in interactive exercises and a complex mock arbitration scenario. Working through challenging fact patterns, participants develop theory, craft examination plans, argue objections, and deliver focused openings and closings, receiving practical expert feedback throughout.
This hands-on advanced program equips experienced employer and union advocates with the strategic tools and advocacy confidence required to manage sophisticated arbitration files and perform effectively in high-pressure hearing environments.

Learning Outcomes:
By the end of this program, participants will be able to:

Develop a persuasive case theory and identify key strategic issues.
Deliver compelling opening and closing statements under pressure.
Navigate complex statutory, procedural, and evidentiary challenges.
Reframe weak facts and respond to adverse evidence effectively.
Plan and conduct focused witness examinations, cross-examinations, and expert examinations.
Manage objections, preliminary matters, and jurisdictional issues.

What to Expect:
Day 1 – Build your advanced arbitration toolkit: Explore high-performance case theory, tackle complex evidentiary challenges including digital and expert evidence, and refine witness examination and high-impact opening and closing strategies through interactive exercises.
Day 2 – Apply strategy in a mock arbitration: Manage pre-hearing strategy, navigate preliminary and procedural issues, and engage in intensive simulations including navigating difficult cross-examinations, real-time objection practice, and persuasive closing arguments, with expert feedback throughout.

Pricing
$1,245.00Add to cart

Facilitator

Andrew Tremayne
Arbitrator/Mediator

Speakers

Danny Bernstein
Employer CounselRoper Greyell LLP

Brenda Comeau
Union CounselPink Larkin

CPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.

2026 Annual Employment Law and Wrongful Dismissal Update: The latest cases and legislative developments
2026-12-10 12:30 - 14:00 UTC
Select an option

Live Webinar

Live Webinar, video, and MP3 Bundle

Add to Cart

Stay up to date on the latest developments in the rapidly changing landscape of employment and wrongful dismissal law through this comprehensive year-end webinar. Expert speakers will examine the most significant recent cases and legislative changes across Canada, exploring questions such as:

Termination Provisions:

What lessons can be learned from recent caselaw regarding how to draft effective and enforceable termination provisions in employment contracts? What aspects of these clauses remain unclear or open to challenge? How have judicial approaches differed cross-country?
What types of changes to an employee’s title, role, or responsibilities will be sufficient to successfully advance a “changed substratum” argument in a wrongful dismissal claim – i.e. an argument that, as a result of these changes, the employer should no longer be held to the termination provisions of the employment contract?

Constructive Dismissal:

When will requiring an existing employee to sign a new employment contract constitute constructive dismissal?
Does it constitute constructive dismissal to require an employee working remotely to return to in-person work? What factors will a court consider in determining whether working from home is or has become an express or implied term of the employment contract?
Is consulting a lawyer grounds for discharge?

Just Cause:

When will misrepresentations or “partial truths” by employees on their resume or employment application amount to just cause for termination?
What criteria will courts consider when determining whether an employer can rely on “after-acquired” cause in a wrongful dismissal action?
Do employers owe a duty of procedural fairness when investigating allegations of misconduct that may lead to dismissal for cause?

Reasonable Notice, Damages, and Mitigation:

What do recent cases suggest regarding when employees will be entitled to receive payment for bonuses or other forms of compensation such as RSUs and stock options which may have otherwise vested over the notice period?
If employees refuse an offer of temporary employment with their former employer pending a search for employment elsewhere after being wrongfully dismissed, when will that constitute a failure to mitigate their damages? What factors will a court consider in determining whether an employee is justified in refusing to return?
What do the latest cases suggest regarding whether courts will deduct from pay in lieu of notice income earned from lower-paying, non-comparable work performed during the notice period?

Settlements:

What remedies are available to employers and employees for breach of a wrongful dismissal settlement agreement? Will any breach by the employee nullify all further payment obligations under the agreement?

Abandonment:

At what point will an employee’s absence from work for medical reasons constitute abandonment of employment putting an end to accommodation requirements?

Intellectual Property and Post-Employment Obligations

Do employees own copyright in works produced exclusively on their own time, even if the works are related to or may be used to compete with the employer?

Discipline and Dismissal

When are employees at risk of discharge or discipline for off-duty behaviour?
When are employees subject to suspension in the event of criminal charges or criminal investigation?

Legislative Updates:

What measures have been introduced at a federal and provincial level in response to the trade conflicts between Canada and the US?
What legislative measures have been enacted in response to the use of artificial intelligence in the workplace?
What legislative trends have emerged in the past year cross-country? For example, which jurisdictions have recently expanded long-term illness or sick leave or access to bereavement leave? Which have proposed or passed legislation restricting employers’ rights to ask for doctors’ notes in support of short-term sick leave? Which provinces now have pay transparency measures in place?
What measures impacting workplaces were recently proposed in the federal government’s recent “Canada Strong Budget 2025”?
What are the most recent changes that have been introduced through the Ontario Working for Workers legislative series?
What new limits has Alberta’s government introduced regarding the authority of regulatory bodies to discipline professionals for off-duty speech or to impose EDI training?

Final topics will be selected in the week prior to the webinar, ensuring coverage of the latest and most significant developments.
Moderator

Jeff Palamar
Arbitrator/Lawyer
Taylor McCaffrey

Speakers

Katherine Chau
Employee Counsel
Israel Foulon Wong LLP

Roxanne Davis
Employer/Employee Counsel
Carbert Waite

Live Webinar:
Attend the session in real time and engage directly with the speakers.
Includes:

Downloadable comprehensive reference materials researched by Lancaster House lawyers
Access to the live session
Opportunity to ask the experts direct questions and participate in the chat with your peers

Option: Live Webinar$295.00Add to cart

Bundle (Video, MP3, & Audio)
Get the full live experience plus post-event resources for continued learning.
Includes:

Downloadable comprehensive reference materials researched by Lancaster House lawyers
Access to the live session
Opportunity to ask the experts direct questions and participate in the chat with your peers
Video recording of the session
MP3 audio recording
Full transcript

Option: Live Webinar, video, and MP3 Bundle$595.00Add to cart

Webinar On Demand
Access the session anytime, at your convenience. On-demand content is only available after the live session has concluded. For a full list of Lancaster’s library of webinars on demand, click here.
Includes:

Downloadable comprehensive reference materials researched by Lancaster House lawyers
Video recording of the session
MP3 audio recording
Full transcript

Accreditation
CPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.
