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Matthew A. Fisher – Partner

Matthew A. Fisher – Partner

Toronto Employment Lawyer

Matthew A. Fisher

B.A. LL.B

Matthew A. Fisher is a partner at Lecker & Associates and a leading employment lawyer in Toronto. He joined Lecker & Associates in 2008 where he continues to provide employment law services exclusively for employees.  In 2016, he became a partner in the firm, joining Bram Lecker in leading the firm’s team of Toronto employment lawyers and support staff.

Representing clients in a wide variety of employment law matters, Matthew has considerable expertise in areas including wrongful dismissalconstructive dismissal job layoffs, negotiating severance packages for employees, and resolving toxic workplace conflicts that often arise between employees and their employers.

Matthew Fisher’s Practice

Matthew has successfully argued a number of leading and precedent-setting employment law cases.  In 2016, Matthew was Plaintiff’s counsel in the highly publicized Court of Appeal case of Keenan v. Canac KitchensThe decision upheld the award of 26 months of notice that was secured by Lecker & Associates at trial. The Plaintiffs were two workers who had been treated as “independent contractors” and terminated without notice or severance. The decision represented the highest award ever upheld for a “dependant contractor” in Ontario and was profiled in a front-page article in the Toronto Star. The decision was hailed by Law Times as one of the Top Cases of 2016, and was the only case to make the list that was not heard by the Supreme Court of Canada. In 2017, reacting to the changing legal landscape, the Government of Ontario introduced the first major revision to the Employment Standards Actsince 2002, including penalties for the misclassification of employees as contractors.

In 2014, Matthew successfully argued for the Plaintiff in Felice v. Cardinal Health Canada where a new benchmark was set for the notice periods for short-service executives and senior managers. After being employed for only 19 months, the Plaintiff was awarded 12 months ofnotice by the Ontario Superior Court of Justice. The decision is frequently cited by employment lawyers representing short-service senior executives.

Experience

Matthew Fisher’s practice includes numerous matters before the Ontario Court of Appeal, Ontario Superior Court of Justice, Human Rights Tribunal of Ontario, Ontario Labour Relations Board, and Canada Labour Code Adjudication Board.

Many of Matthew’s cases have been referred to in noted employment law textbooks and have been profiled by the Toronto Star, National Post, Toronto Sun, Metro News, CBC News, Global News, Lawyers Weekly, Canadian Employment Law Today, Law Times, and Canadian HR Reporter. He is regularly contacted by the media for commentary related to employment law in Ontario.

With many years of employment law experience, Matthew has had the opportunity to participate in legal education for lawyers and law students. He has guest lectured on employment litigation at Western Law, and was invited to present a paper at the Law Society of Upper Canada’s annual Six Minute Employment Lawyer seminar series.

Matthew earned his B.A. in Political Science and LL.B. (Bachelor of Laws) from the University of Western Ontario.

Client Testimonials

What our clients say about us

I’d like to thank Matthew Fisher and his team in handling my case so professionally and diligently in a very short time frame. My entire experience with them was exceptional. 

I was referred to Matthew Fisher from a colleague of mine while I was searching for a lawyer to help me with my employment matter. I was able to meet with Matthew and his team within hours of my initial contact. During the first meeting, Matthew explained me clearly my options, provided clarity on the process, and made sure all my questions were answered. His considerable knowledge became evident as he quickly level set expectations and guided me through the processes. He is very professional, caring and always thinking of the best direction to follow given the situation. I was sure that I was on right hands from day one. Throughout the entire process, Matthew and his team provided excellent service, demonstrating professionalism and personal attention to all details. They were easy to speak with and were incredibly responsive to any question I had as we progressed forward. Their communication with me was always timely, thorough and consultative. I would highly recommend Lecker & Associates and Matthew Fisher to anyone in need of quality legal advice in employment law. Thank you again for doing great job!

A friend recommended me to Lecker and Associates. I was nervous going into the first meeting. Matthew Fisher was able to put me at ease right from the beginning. He came across very knowledgeable and confident, and helped set my expectations regarding timelines and procedures. The experience was fantastic. Matthew and Eslita (senior law clerk) worked together and interacted with me. I really appreciated that they kept me in the loop at all times and responded to my queries in a timely manner. I felt they were always looking out for my best interest. Overall, this was a super pleasant experience. Everyone else I interacted with were very friendly and courteous. Thank you Matthew/Eslita, plus everyone at Lecker and Associates! I would recommend anyone to this law firm!

5 Stars perfect rating!

David Ong

Matthew Fisher from Lecker, recommended by a trusted friend, was excellent. Everything from timing to settlement went extremely well. They answered all my questions along the way and provided valuable advice on the situations that arose. I would definitely recommend their services to anyone in a similar situation.

Christopher Chambers

I give the absolute highest marks on this law firm. Matthew Fisher is an expert and genius at labour law with a relentless passion to achieve the best outcome for his clients. Complemented by the sincere straightforwardness, integrity and professionalism of Mathew and the staff (Eslita & Dora), one cannot error with this firm!

Tony Sodaro

I met with Matthew for a detailed conversation and although we did not end up working together, Matthew left me with the best impression of all the atternies I’ve consulted with.

Tom Petersil

Notable Cases

Chambers v. Global Traffic Technologies Canada Inc. ONSC 2000 (CanLII)
Ontario Superior Court of Justice
Mar 22, 2018
Acted successfully on behalf of a General Manager with 2.5 years of service who was awarded 9 months of pay in lieu of notice, along with bonus for both the period worked and the entire notice period.

King v. 1416088 Ontario Ltd. (Danbury Industrial), 2015 ONCA 312
Court of Appeal for Ontario
April 30, 2015
The decision by the Superior Court of Justice in King v. 1416088 Ontario Ltd. was upheld by the Court of Appeal for Ontario in a unanimous ruling. The Plaintiff’s entitlement to 24 months of notice and a lifetime pension against all Defendants was upheld, including against a Defendant that was not operating at the time of the Plaintiff’s dismissal.

Keenan v. Canac Kitchens, 2015 ONSC 1055
Ontario Superior Court of Justice
January 21, 2015
Marilyn and Lawrence Keenan worked 26 and 33 years respectively for Canac Kitchens. While they worked full time, Canac viewed them as “independent contractors” because they were paid by invoice rather than salary and had “subcontractors” reporting to them. They were terminated without any notice of severance when Canac wound down its operations in Canada.
The Court accepted the Plaintiff’s submissions and awarded the Keenans 26 months of pay in lieu of notice, the highest award ever to a “dependent contractor”.

Felice v. Cardinal Health Canada Inc., 2014 ONSC 1190
Ontario Superior Court of Justice
March 20, 2014
The Plaintiff worked for the Defendant and its predecessor for a total period of 18 months, and at the time of the termination of his employment without cause held the position of National Director of Operations. The Court awarded 12 months of notice, despite the employee’s relatively short tenure.

Todd Shapiro v. Corus Entertainment Inc, 2014 CanLII 59597 (CA LA)
Canada Labour Code Adjudication
October 8, 2014
Todd Shapiro, the complainant, alleges he was unjustly dismissed from his position as a radio co-host. The employer, Corus Entertainment Inc., operates a large number of radio and television stations across Canada.

Fasullo v. Investments Hardware Ltd., 2012 ONSC 2809
Ontario Superior Court of Justice
May 10, 2012
Employee was not bound by a restrictive termination clause since he signed it after leaving a previous employer and joining the Defendant based on a verbal contract that did not address termination. It was found that there was no consideration for the written termination clause or the clauses that followed in later contracts.

Macan v. Strongco, 2013 HRTO 841
Human Rights Tribunal of Ontario
May 16, 2013
Employee was dismissed as part of a restructuring. The Human Rights Tribunal found that her medical disability was a factor in the decision and awarded 9 months of backpay and damages for injury to her dignity, feelings, and self respect as a result of the violation of her human rights.

Henderson v. Marquest Asset Management Inc., 2010 CanLII 34120
Ontario Labour Relations Board
June 17, 2010
A mother told that there was no position for her when she returned from maternity leave to her job at a financial company following the recent economic downturn. The OLRB determined that her job did exist and was held by her replacement. She was ordered reinstated with full back-pay.