Ellen Low, Partner
Ellen Low is an employment lawyer who knows what it takes to “go the distance.” As a marathon runner and former varsity rugby player, Ellen knows the value of working as a team and that hard work, dedication, and preparation are the keys to success in any endeavour. She applies these principles in providing practical legal advice to employers and employees regarding workplace issues.
Ellen obtained her law degree from the University of Ottawa and spent part of her final year of law school participating in an international law project in Nairobi, Kenya.
Ellen was licensed to practice law in Ontario in 2008 after articling at a national law firm. She joined Whitten & Lublin PC to focus exclusively on employment law, human rights, and workplace issues.
Ellen has litigated on her clients’ behalf at the Ontario Superior Court of Justice, Ministry of Labour, Human Rights Tribunal of Ontario, Canadian Human Rights Commission, in Small Claims Court and in matters pursuant to the Canada Labour Code.
She was lead counsel in the controversial wrongful dismissal case Bland v. Canadian Farm Insurance Services Inc., 2012 ONSC 3021 (CanLII) as well as Jiwan v. Money Express POS Solutions Inc., 2012 O.J. No. 1616, an important case clarifying the law regarding pleading offers to settle.
Ellen’s employment-law articles and commentary have been published in the Canadian Human Rights Reporter, VIVA magazine, Canadian Employment Law Today, and Canadian Lawyer Magazine. She is a frequent guest speaker at the Canadian Payroll Association, Human Resources Professionals Association, and the Commons Institute.
Ellen provides advice to employers and employees in plain English on all aspects of employment law including: drafting and reviewing employment contracts, workplace policies, termination provisions, non-competition clauses and restrictive covenants, wrongful and constructive dismissal litigation, employment standards, workplace investigations, occupational health and safety issues as well as human rights in the workplace.
Click on the links below to read about Ellen’s decisions:
- CFP v. Pei Wang – successfully defeated an injunction with respect to breach of fiduciary duty , May 2016: Decision Canada Fine Parts v. Wang May 25, 2016
- Wagner v. Best of Chinese Medicine, September 19, 2013, Deputy Judge Steven H. Skolnik, (Unreported), Costs award in excess of 15% “cap” on small claims court matters
- Jiwan v. Money Express, 2012 ONSC 909 (CanLII) – motion re pleadings without prejudice offers to settle – Case Link
- Bland v. Canadian Farm Insurance, 2012 ONSC 3021 (CanLII) ‐ wrongful dismissal whether a release is necessary: Case Link
- Casey v. Sweeney, 2012 ONSC 6077 (CanLII) re Assessment Hearing: Case Link
- Lukasik v 611554 Ontario Inc., 2012 HRTO 1326 (CanLII) re conflict of interest – Case Link
- Lukasik v. 611554 Ontario Inc., 2012 HRTO 1326 (CanLII), re adding personal respondent to HRTO claim mid-proceeding – Case Link
- Anamguya v. Intercon Security, 2011 HRTO 523 (CanLII) – Case Link
- Just Energy Corp v Dhillon, 2011 CanLII 29288 (ON LRB), Case Link
- Work v. Northwood Collection Inc., 2013 OJ No. 2293
- RM v. Toronto Police Services Board, 2013 OHRTD No. 491
- AG v. Taylor Statten Camp Co., 2012 HRTO 1449 (CanLII) Case Link
The following are Ellen’s articles and presentations:
- Harassment complaints and anti-reprisal provisions, Canadian Lawyer, Nov/Dec 2015 (2015-IH-NovDecDigital)
- The Commons Institute, Managing an Ageing Workforce, January 2014
- HRPA, Advanced Terminations ‐ Thinking beyond the numbers, December 2013
- HRPA, Discipline and Disability, September 2013
- CGA, Employment Law Update, May 2013
- The Commons Institute, The Status of Family Status as well as Gender Identity and Expression in Ontario, February 2013
- The Commons Institute: Mental Illness and the Employer: (http://commonsondemand.vidcaster.com/tRG3/mental-illness-and-the-employer-ellen-low/), February 2012
- Canadian Lawyer 4 Students, “Practicing Human Rights Law”, Spring 2012
- CPA, Employment Standards Act Essentials, February 2012
- HRAP, Terminations – Getting it Right, December, 2012
- Canadian Employment Law Today, “When a manager isn’t a ‘manager’, April 6, 2011
- VIVA magazine, “Pregnancy Rights for Employees”, February 2011
- She Does the City, Her Career Questions, “Careers with Ellen Low”, March 2011 (http://www.shedoesthecity.com/ellen_low_associate_at_whitten_lublin_llpi_employment_lawyers)
- HRPA, Managing the Termination Process, August 2010
Read Ellen’s comments on human rights settlements in the May 2015 issue of Canadian Lawyer
Ellen can be reached at email@example.com.