Experience & Expertise
Interest in Labour Relations
Brian developed his interest in workplace dispute resolution and employment law working to put himself through university. His diverse jobs working on an automotive parts assembly line, in a brewery, and in a coal mine in northern Alberta demonstrated a wide variety of workplaces and workplace cultures.
After graduating from law school in 1977, Brian pursued his interest in labour relations and dispute resolution by attending the University of Michigan. There, in 1979, he completed a multi-disciplinary Diploma in Labour Relations and an M.B.A. During that period he also began his career as a neutral, being appointed as a Fact Finder by Ontario’s Education Relations Commission. At that time fact-finding reports were an integral part of the school board/teacher collective bargaining process, being mandatory prior to any strike in the sector.
Work as a Neutral
Brian retired as a partner of one of Canada's leading and largest law firms in January 2020. In 2021 he was appointed as Chair of the Public Service Grievance Board and Vice-Chair of the Ontario Labour Relations Board. Decisions Mr. Smeenk has authored in these roles can be found using these links: [PSGB & OLRB]
He was inducted as a Fellow of the tri-partite College of Labor and Employment Lawyers in 2015. He is Past-President of the former, tr-ipartite Toronto Industrial Relations Association.
Legal Practice
Before becoming a neutral, Brian practiced labour, employment, and human rights law for the next 40 years, Brian maintained a strong focus on collective bargaining and the public sector. He has also worked with parties in virtually every industry in the private sector, from construction to mining, manufacturing, warehousing, and the financial services sector.
He began his career at a leading labour and employment boutique law firm, working closely with Warren K. Winkler who later became Chief Justice of Ontario. Brian later became a senior partner at two different national law firms with leading employment, labour and human rights practice groups. Brian frequently led collective bargaining teams for his clients, including major school boards, York University, and a wide variety of private sector clients, developing a reputation as a “tough but fair” negotiator.
Brian frequently appeared before many employment-related tribunals as well as all levels of the courts. A sample of the many reported cases that he argued before the OLRB, CLRB, arbitration boards, and courts can be found here [OLRB, CLRB/CIRB, arbitration, & court cases]
Notable
Matters
> Member of Mediation-Arbitration Commission chaired by George Adams under Maintenance of Railway Operations Act 1995, to resolve disputes between CP Rail and 5 of its unions;
> Represented the National Ballet of Canada in dispute with principal dancer Kimberly Glasco, in a case involving the intersection of employment law and matters of artistic freedom [2000];
> Represented Rogers Communications Inc. in intervention before Supreme Court of Canada in case involving federally‑regulated employers’ workplace inspection obligations outside of employers’ premises (2019);
> Lead negotiator for York University with all non-academic bargaining units: 2006 – 2020.
Other Interests
Brian is the founder and President of the Merit Award Bursary Program (meritaward.ca.) It provides bursaries to senior high school students as an incentive to stay in school and proceed with post-secondary education, recognizing those who demonstrate a commitment to their schoolwork, extra-curricular activities, and communities. The bursaries are granted to students at participating schools in Toronto and Peel Region. It has operated since 1995. In 2022 it awarded 315 bursaries and computers worth over $320,000 to over 320 students. Brian is a passionate believer in the power of education to help overcome barriers and provide everyone with the ability to advance themselves and reach their personal goals.
Brian is also an avid cyclist. In 2020, when Covid prevented him from doing his planned bike trip across North America, he instead completed a solo, 2300 km “Tour d”Ontario.” He completed a 2500 km version of this in 2024 in support of the Merit Award Bursary Program, as part of that organization's Opportunity Road Ride.
Expertise
> Mediation of workplace disputes of all kinds
> Education sector labour relations
> Hospital sector employment disputes
> Hospital/physician contractual & status disputes
> Senior executive contractual disputes & terminations
> Arbitration of workplace disputes
DECISION SAMPLES
Please find all publically listed decisions by Brian on CanLII here
2024 | PSGB
Cornish & Beattie v Ontario (Solicitor General), 2024 CanLII 62864 (ON PSGB) Public Service Grievance Board
public servant, non-union — employer withdrew offer of union position during restructuring — preliminary objection that assignment to classification is beyond Board's jurisdiction, as are general allegations of unfairness - preliminary objections dismissed
2023 | OLRB
Laurie Pal v Dr. W. Khan and Dr. S. Vaid Dentistry Professional Corporation o/a Cataraqui Woods Dentistry, 2023 CanLII 56732 (ON LRB) Ontario Labour Relations Board
Employment Standards Act – Review of ESO decision - whether applicant was empployee or independent contractor – whether applicant constructively dismissed - essential character of relationship was employment - credibility issues - sufficient credible evidence of poisoned work environment to find constructive dismissal