James Fu

James Fu  

Senior Associate

Executive Summary

James Fu is a senior associate in the Toronto office of Borden Ladner Gervais LLP. James has a broad human resources law practice, focusing on labour and employment law and pension and benefits law. James' labour and employment practice includes advising employers and executive level employees on employment terminations, employment contracts, pension and benefits entitlements, independent contractor arrangements and human rights matters including both litigation and corporate transaction settings.

James’ pension and benefits practice includes advising plan administrators and employers on a broad range of matters, including pension and benefits plan set-ups and establishing retirement income plans in corporate transactions.

James has various appearances before Ontario courts and tribunals on a number of matters, including wrongful dismissal actions and human rights complaints.

Representative Work

Labour and Employment

  • Advises private and public sector employers on managing the employment relationship, including post-employment such as wrongful dismissal actions and human rights applications.
  • Advises on employment and labour law aspects in private and public company purchase and sale transactions.
  • Advises private and public sector employers on compliance with employment standards requirements and legislative developments, including Occupational Health and Safety Act requirements relating to workplace harassment and violence and  Accessibility for Ontarians with Disabilities Act.
  • Advises private and public sector employers on union-related issues such as union certification drives, interpreting collective agreements, and responding to labour grievance proceedings.

Pension and Benefits

  • Advises plan sponsors on plan mergers and plan amendments, and in transfers of plan assets and liabilities with respect to pensions and benefits arrangements.
  • Advises plan administrators on plan administration matters, including pension plan governance.
  • Advising employers on funding agreements.
  • Advising on corporate purchases, sales, financings and other transactions involving pension and benefit plans.
  • Advising regarding entitlement to pension fund surplus.

Publications & Presentations

James is a regular contributor to the BLG Labour and Employment Newsletter as well as publishing legal alerts.

PUBLICATIONS

Labour and Employment:

  • Author, "Board Opens Door to Medical Marijuana Benefit Claims," Legal Alert, April 2017.
  • Author, "Employment Law Outlook 2017," Bloomberg BNA, 2017.
  • Author, "As My Employer, You Need to Reimburse Me for My Medical Marijuana … or Not?," Carswell Legal Alert, August 2016.
  • Author, "Canada Employment Law Outlook 2016," Bloomberg BNA, January 2016.
  • Author, "Are Employees on Strike or Lockout Entitled to Holiday Pay," Thomson Reuters Legal Alert, July 2015.
  • Author, "Ontario Court Again Confirms Its Authority to Award Human Rights Damages," BLG Labour and Employment Alert, July 2015 (with Kate Deacon)
  • Author, "Reminder of New Ontario Employment Requirements Effective May 20, 2015," BLG Labour and Employment Alert, May 2015.
  • Author, "Ontario Seeks Input on Reform of Key Labour and Employment Legislation," BLG Labour and Employment Alert, May 2015.
  • Author, "Class Action Warning for Employers to Check Overtime Policies and Practices," BLG Labour and Employment Law Alert, February 2015.
  • Author, "New Workplace Obligations for Employers," Carswell Legal Alert, January 2015.
  • Author, "Ontario Employers Take Notice - Bill 18 Receives Royal Assent, BLG Labour and Employment Law Alert, November 2014.
  • Author, "New Obligations Arriving for Ontario Employers – Is Your Company Ready?,"BLG Labour and Employment Law Alert, November 2014.
  • Author, "Family Responsibilities Discrimination," Bloomberg BNA, November 2014.
  • Author, "Termination Pay and Permanently Disabled Unionized Employees," Thomson Reuters Legal Alert, July 2014.
  • Author, "Consequences for Breaching Confidentiality Clauses," Thomson Reuters Legal Alert, December 2013.
  • Author, "Tribunal Clarifies Approach to Section 45.1 Objections," Carswell Legal Alert, July 2012.
  • Author, "Decision-Makers Punish Employers for Egregious Conduct," BLG's Labour & Employment Law Newsletter, Fall 2012.
  • Author, "The Shrinking Workplace: 'Alternative' Work Arrangements and the Law," BLG Labour and Employment Symposium, November 2011.
  • Contributor, " 'I'm Being Sued For What?!' – Deconstructing the Different Damages in an Employee's Statement of Claim," BLG Labour and Employment Symposium, November 2010.
  • Author, "After Hours Access to Employees has a Price - Too Much Contact with Employees on PDAs Could Lead to Overtime Claims," Canadian Employment Law Today, September 2009.

 

Pension and Benefits:

  • Author, "Can Employers Be Liable for Employees’ Loss of Disability Benefits Coverage?," BLG's Labour & Employment Law Newsletter, August 2017.
  • Author, "A Flurry of Activity: PRPP Act in Force Today and a Trio of Other New Regulations for Employer Consideration," BLG's Labour & Employment Law Alert, November 2016.
  • Author, "Stand Up Now If You Want to Be Heard – Ontario "Pension Advisory Committees"," BLG's Labour & Employment Law Newsletter, September 2016.
  • Author, "The Evolution Of Pension and Benefits Law," Benefits and Pensions Monitor, June 2015.
  • Author, "Ontario Outlines and Seeks Feedback on the New Ontario Retirement Pension Plan," BLG's Labour & Employment Law Newsletter, Winter 2015.
  • Quoted, "5 Pension Trends to Watch," Benefits Canada, November 2014.
  • Author, "CAPSA Provides Additional Guidance Regarding Defined Contribution Plans," BLG Pensions Alert, April 2014
  • Author, "Ontario Proclaims July 1 for PBA Amendments to Come Into Force," BLG Pension Alert, June 2012, and "Grow-in Opt-Out for MEPPs and JSPPs," June 2012.
  • Author, "Defined Benefit Plan Sponsors Given Guidance on Pension Plan Funding Policies," BLG Pension Law Alert, December 2011.
  • Author, "Pension Plan Administrators Given Guidance on Prudent Investment Practices," BLG Pension Law Alert, November 2011.

Presentations:

  • Speaker, “Conduct Risk: Practical Tips for Employers”, BLG’s In-house Counsel Professional Development Conference, May 2017.
  • Speaker, “Ontario Works and Ontario Disability Support Program, Public Legal Education”, FACL Ontario – Community Outreach Committee presentation at Polycultural Immigration & Community Services, March 2017.
  • Speaker, "Getting Up To Speed – "Must Know" Retirement Savings and Benefits Developments Over the Past Year,"19th Annual Labour and Employment Symposium, November 2016.
  • Speaker, " So Many Upcoming Changes, Time for an Action Plan – "Must Know" Retirement Savings and Benefits Developments"18th Annual Labour and Employment Symposium, November 2015.
  • Speaker, "Employment Law Update," BLG In-House Counsel Conference, February 2015.
  • Speaker, "Pension and Benefits Developments and Trends," 17th Annual Labour and Employment Law Symposium, November 2014.
  • Speaker, "Labour and Employment Law Overview," OHA Seminar, November 2014.
  • Speaker, "Labour and Employment Law Overview," OHA Seminar, May 2014.
  • Speaker, "Pension and Benefits Developments and Trends," 16th Annual Labour and Employment Law Symposium, November 2013.