Canadian Lawyer InHouse

JANUARY 2017 8 INHOUSE News Roundup A roundup of legal department news and trends Sigurdson articled with the fi rm Lang Michener (now part of McMillan LLP) before spending the bulk of his legal ca- reer as a partner at Osler, which he joined in 1989 as an associate. With a corporate practice focusing mostly on M&A, Sigurd- son's roles would include managing partner of the fi rm's New York offi ce from 2000 to 2004, co-managing partner in Toronto and chairman of the Business Law depart- ment. In 2010, he left private practice to join Manulife as general counsel Canada, becoming GC in May of 2014. In 2015, Chambers & Partners Canada made him the fi rst winner of the Chambers Canada Award for Outstanding Contribution to the Legal Profession: In-House. Melissa Kennedy, executive vice presi- dent and chief legal offi cer for Sun Life Financial, met Sigurdson through the GC community and worked with him on a number of initiatives, most recently through the Association of Canadian Gen- eral Counsel, she says. "Steve is a wonderful guy," says Kenne- dy. "Everybody liked him. He was a delight to work with, incredibly smart, great sense of humour. You always had the impression how much he loved his family: his wife, Leslie, and their four girls." That impres- sion of him was uniform, she says, "through Oslers, the Queen's community, Manulife." Sigurdson also had "great instincts and judgment," Kennedy adds. "He will be re- ally, really missed by lots of people. Every- one I've talked to is full of sorrow, and our thoughts go out to his family." Jeffrey S. Leon is a partner and co-head of litigation with Bennett Jones LLP in To- ronto; he came to know Sigurdson after the latter joined Manulife as GC and Leon had been acting for Manulife on several matters. "He was a very good friend," says Leon. "He was a very wise and compassionate per- son, and a wise and compassionate lawyer. I say that because, in the cases that we've worked on together, he wanted Manulife to be successful. Often, for him, success was defi ned by doing the right thing. I think that demonstrated his approach to life." Sigurdson's approach to building rela- tionships might best be described in his own words; in an interview for the alumni section of Osler's website last July, he said, "It's im- portant to remember that the practice of law is as much about relationships as it is about legal rules and analysis. Work early in your career to devote time to the give-and-take of relationships — with others in your fi rm, with clients, with members of the commu- nity — and you'll never regret it." "That is the way he lived his life," says Leon, noting he'd had the chance to see Sig- urdson interact with the people he worked with when Leon would host lawyers from Manulife for sporting games in Toronto. "I feel that my life is better for knowing him, and I'll miss him very much." Sigurdson is survived by his wife Leslie, their daughters Laura, Claire, Amy and Heather, his mother Ivadell and other fam- ily members. A memorial service was held at Eglinton St. George's United Church on Nov. 24. – Beth Raymer IH Auto workers seek summary judgment in $2.5-million class action L awyers say a $2.5-million class ac- tion lawsuit against an auto parts maker highlights the need for em- ployers to alert the Ministry of Labour early when closing down a facility. Nearly 100 auto parts workers are rep- resented on the lawsuit, which was brought against their former employer, CTS of Canada Co., after it shut down its Missis- sauga plant in 2015. The workers recently fi led a summary judgment motion against CTS to have their day in court without having to go to trial. The claim alleged the American car parts manufacturer failed to give them proper notice when it closed down the plant to sell the land and move its operations to Mexico and China. At issue is whether CTS fi led a Form 1 with the Ministry of Labour when the company gave its employees notice the plant would be closing. Under the Employment Standards Act, employers who lay off more than 50 em- ployees must submit the form to the min- istry for their notice of mass termination to come into effect. A copy of the form must also be posted in the workplace on the fi rst day of the notice period in addition to pro- viding employees with individual notice. In their claim, the workers alleged CTS did not fi le the form, rendering their sever- ance letters null and void. "What we've alleged and I think we've clearly proven here is they neglected to ac- tually inform the Ministry of Labour that this plant was closing," says the plaintiffs' lawyer, Stephen Moreau, a partner with Cavalluzzo Shilton McIntyre Cornish LLP. "When you close a plant, you're supposed to tell the Ministry of Labour so that the labour ministry can get involved and help people reintegrate into the workforce." CTS announced the plant would close in Feb. 2014, more than a year before the intended closure date. In April of that year, the company gave individual severance let- ters to its employees, letting them know the plant would stop manufacturing by March 2015. In their statement of defence, CTS said that the company discovered "its error" in not submitting a Form 1 initially and did so in May 2015, informing the ministry of its plans to close the plant in June. CTS argued that the fact that the Form 1 was not submitted at the time the sever- ance letters were issued did not void them, as they were only required to submit a Form 1 within four weeks of closure. "CTS denies that any of the Plaintiffs were wrongfully dismissed," said the com- pany's statement of defence. "CTS states that all of the Plaintiffs received reasonable no- tice of the termination of their employment and many of them received far greater than reasonable notice of the termination of their employment due to the extended length of the working notice period provided." Moreau says the fact CTS was nearly 13 months late in fi ling its Form 1 meant that the Ministry of Labour could not conduct the proper employment services for the employees. The plaintiffs expect their summary judg- ment motion will be heard in July 2017. IH

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