Kathryn A. Raymond, Q.C.

(902) 460-3419(902) 463-7500kraymond@boyneclarke.ca
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Assistant
Barbara Bibeau
bbibeau@boyneclarke.ca
"Experienced. Reasoned. Effective."

About Kathryn

Kathryn Raymond, Q.C. arbitrates and mediates workplace disputes in the public and private sectors. She also practices employment and administrative law representing both employers and employees.

Kathryn graduated from Dalhousie Law School in 1985. Today, her ADR practice includes labour relations arbitration, appointment to the Nova Scotia Minister of Labour’s List of Arbitrators, adjudication of complaints involving labour standards, labour relations and occupational health and safety issues as a Vice Chair of the Nova Scotia Labour Board, adjudication of human rights and discrimination complaints as a Nova Scotia Human Rights Board of Inquiry, arbitrations in the education sector, and insurance disputes and tax assessment adjudication as a member of the Nova Scotia Assessment Appeal Tribunal. Kathryn finds it especially rewarding to resolve harassment and bullying complaints in the workplace. Kathryn also conducts workplace investigations.

Kathryn’s experience as arbitrator and mediator is founded upon over 30 years of experience as an advocate for her clients. In her employment and administrative law practice, Kathryn provides advice and legal representation before the courts and tribunals. Having practiced law in both Toronto and Halifax, in private practice as well as in-house counsel, Kathryn has comprehensive knowledge and experience in all issues related to the workplace, including employment law, labour relations, human rights, professional regulation, and administrative law.

Her knowledge includes statutory interpretation and application in regulated environments, having been involved in statutory and regulatory development in Nova Scotia and policy development with both the Nova Scotia and Ontario governments. Kathryn also has extensive experience in a professional regulation and healthcare context as neutral counsel to adjudicative and investigative tribunals, including medical staff privileges litigation and professional discipline. This includes training tribunal members, procedural advice during hearings, policy development and procedural design.

Kathryn brings insight from over three decades of experience to the table to help parties settle their disputes and to advocate for her clients. Kathryn’s strength is her analytical ability and practical approach. She can simplify and clarify what may be complex issues. She understands the interpersonal relationships and operational dynamics that can lead to legal disputes in the workplace.

Kathryn’s areas of interest include access to justice, interest-based mediation, cultural competency in adjudication and improving the effectiveness and efficiency of dispute resolution in the interest of healthy workplaces.

ADR services include mediation, arbitration, mediation/arbitration (med-arb), neutral case evaluation, workplace investigation, private mini-trials and final appeals in civil disputes. Kathryn offers dispute systems design, policy development, training and education for quasi-adjudicative tribunals and other conflict management services. Legal services for her employment law clients include empathetic, concise legal advice and comprehensive litigation support.

Hearings or mediations may be expedited upon request. To book an arbitration or mediation, Kathryn’s availability may be checked via her online calendar, www.adrweb.ca. Kathryn’s reported decisions are listed below and available for review on Can LII.

Areas of Practice

Kathryn's Background

Education
  • 2008: Mediator's Skills Training Course, "Mediating Justice: Learning to Mediate in a Rights Based World", conducted by The Honourable George W. Adams, Q.C., Toronto, Ontario
  • 1982 - 1985: LL.B., Dalhousie University, Halifax, Nova Scotia
  • 1981 - 1982: Bachelor of Arts King's College, Dalhousie University, Halifax, Nova Scotia
  • 1979 - 1981: Bachelor of Arts Program, Acadia University, Wolfville, Nova Scotia
Employment
  • Partner, Arbitrator and Mediator, Chair of the Health, Administrative, Employment and Labour Law Practice Group with BOYNECLARKE, LLP
  • a) Adjudicative Experience Adjudication, arbitration, mediation and med-arb practice as a neutral providing customized alternatives to litigation for the public and private sectors with a focus on the resolution of workplace disputes, professional regulation, education and insurance arbitrations. Workplace issues include human rights, labour standards, labour relations, including construction industry labour relations, wrongful dismissal, sexual harassment and occupational health and safety. Other services include professional regulatory disputes respecting licensing, misconduct, competency and ethics, disability claims, workplace investigations, policy development, including conflict resolution design for organizations, and training tribunal members in investigative and adjudicative functions
  • b) Legal Practice Combined experience of litigation, advice, policy and contract development for large and small organizations in the public and private sectors, including negotiation, advocacy and litigation before tribunals and the courts in health law, administrative law and employment law; professional regulation experience acting as counsel to regulatory Colleges and professional associations and as neutral counsel to disciplinary tribunals and investigatory committees in professional regulatory proceedings and in disciplinary proceedings concerning physician privileges; training tribunal members in adjudication; advising and providing negotiation, policy development and litigation support to large health organizations, such as former District Health Authorities, Regional Health Boards and 17 Hospital Corporations across the province and other provincial and community-based healthcare programs; representation of healthcare providers at judicial review proceedings, public inquiries, before tribunals and the courts; regulatory and statutory negotiation, development and interpretation; contract negotiation, including public sector agreements to enhance systems such as shared services, affiliation and alternative funding agreements; extensive policy development; governance advice to Boards of Directors
  • 2008 - 2009: Acting Executive Director, Nova Scotia Health Organizations Protective Association (“NSHOPA”)
  • Involved responsibility for the overall administration and operations of this reciprocal insurance company for all hospitals and other healthcare institutions in Nova Scotia, including claims management and relationships with partners (October to February)
  • 1989 - 1990: Consultant, Metropolitan Hospital Advisory Committee/Council Teaching Hospitals and the Nova Scotia Department of Health
  • Contract position included responsibility for overseeing the consultation, development and drafting of Hospital Bylaws for 41 hospitals in the Province of Nova Scotia in preparation for approval by the Minister of Health, project-based healthcare consulting services and Mental Health Review Board hearings
  • 1987 - 1989: Legal Counsel to the Ministry of Health for the Province of Ontario
  • Represented the Ministry at inquiries into deaths in healthcare institutions, provincial prosecutions, labour arbitrations, extra-billing reviews, Mental Health Review Board hearings and regulatory proceedings before tribunals responsible for adjudicating issues related to the enforcement of legislative and regulatory requirements applicable to health service providers; provided comprehensive legal services and litigation support to the Laboratory Services Division of the Ministry, as well as legal support to the Ambulance Services Division and the Nursing Home Division, including statutory interpretation, policy development, labour relations arbitrations and contract issues, including a first of its kind provincial contract for sharing electronic information across laboratory services
  • 1985 - 1987: Articling Clerk and Associate with Gluckstein Neinstein, Barristers & Solicitors, Toronto, Ontario
  • Practiced as a litigator primarily in the areas of personal injury, medical malpractice, negligence and insurance claims, representing both plaintiffs and insurers, as well as some employment law. Involved significant exposure to the courts, including 16 appeals of interlocutory decisions within the first 9 months of practice
Appointments
  • Part-time appointment to the Canadian Human Rights Tribunal, July 2019
  • Appointed Queen’s Counsel, February 2017
  • Nova Scotia Labour Board, Vice Chair, February 2013 - January 2016 & May 2016 – present
  • Nova Scotia Minister of Labour's List of Arbitrators, August 2008 - present
  • Nova Scotia Human Rights Commission Board of Inquiry Panel Roster, September 2009 - present
  • Nova Scotia Assessment Appeal Tribunal, May 2012 - May 2015 & January 2016 - present
  • Appointed as the first arbitrator pursuant to the Private Career Colleges Act, 2018
  • Nova Scotia Crop and Livestock Insurance Arbitration Board, Chair, 2012 - 2015
  • Appointed to the Education Act Appeal Board Roster, September 5, 2014
Professional Memberships
  • Nova Scotia Barristers’ Society, 1990 - present
  • Law Society of Upper Canada, 1987 - 1996
  • Canadian Bar Association, 1987 - present
  • Chair of the Administrative Law Section, Canadian Bar Association Nova Scotia Branch, 2018, Vice-Chair 2016 – 2018; former Chair of the Health Law Section, Canadian Bar Association, Nova Scotia Branch
  • The Advocates' Society - Nova Scotia Regional Advisory Committee, Member, 2016 - present
  • The Advocates' Society, Member, May 2016 - present
  • Canadian Institute for the Administration of Justice, Member, 2015 - present
  • ADR Atlantic Institute, 2009 - present
  • Atlantic Labour Arbitrators Association, 2008 - present
  • Nova Scotia Barristers’ Society Task Force on the Model Code of Conduct-Member 2010, Chair, November 2011 - 2013
  • Ethics and Professional Responsibility Advisory Committee for the Nova Scotia Barristers’ Society, Member, 2008; Chair 2009 - 2013
  • American Society for Healthcare Risk Management, 2009 - 2013
  • Nova Scotia Medical Legal Society, 2003 - present
  • Canadian College of Health Leaders, Member, 1990 - 2014
Contributions & Consultations
  • Invited contributor to the Partnership for Productive Organizational Conflict Roundtable Discussion, “Emotional Labour: How Should We Train Conflict Resolution Professionals”, St. Mary’s University, October 28, 2014
  • Invited contributor to “Public Service Engagement Advice on the Government of Canada’s Blueprint 2020 Roundtable Discussion”, February 13, 2014
  • Invited to advise and conduct a Mediation Workshop for Adjudicators in the Nova Scotia Workers’ Compensation System for the Workers’ Compensation Issue Resolution Working Group of the Workers’ Compensation Appeal Board, June 17, 2013
  • Nova Scotia Health Organizations Protective Association, Member of the Board, 2001-2011; Chair of the Audit Committee, 2010 - 2011
  • Named one of LawDay's Top 26 Leading Health Law lawyers in Canada, 2009
  • Mental Health Foundation of Nova Scotia, Board Member, 2000 - 2009; member and Chair of various Board Committees, including member of the Governance Committee, 2015 - 2016
  • Consulted by government, regulatory colleges and associations concerning the content of the Medical Act, the Optometry Act, hospital bylaws under the Hospitals Act, the Medical Society Act, the Medical Professional Corporations Act, the Occupational Therapy Act and the Physiotherapy Act (various years)
  • Appointed to the Steering Committee on the Regionalization of Healthcare of the Nova Scotia Health Council, 1995
Speaking Engagements
  • Pre - 2014 speaking engagements available upon request
  • “Conflict Resolution and Mediation in Employment Relations - Avoiding Employment Breakdown” - Insight, Workplace Discipline & Terminations, September 29, 2014
  • “Annual Evening with the Labour Board” - Canadian Bar Association, Nova Scotia Branch, February 25, 2015
  • “Practical Application of Course Topics and Gender Negotiation and Mediation” - Organizational Conflict and Negotiation, Guest Lecturer, Saint Mary’s University Department of Psychology, February 26, 2015
  • “Ethical Issues in Labour & Employment Law”, Panelist - Canadian Bar Association - Nova Scotia Branch, Labour & Employment Law Section Meeting, April 22, 2015
  • “So You Want to Be An Arbitrator or Mediator?” Panelist Topic "Best Practices" - Canadian Bar Association - Nova Scotia Branch, Roadway to Resolutions Conference, May 29, 2015
  • “Family Status Accommodation - Impact of Developing Trends, Significant Case Decisions, and Defining the Line of Undue Hardship” – Insight 12th Annual Atlantic Canada Labour & Employment Relations Forum, September 24 and 25, 2015
  • “Race and Colour: A Sadly Persistent Concern in Human Rights” – Schulich School of Law Lecture - Dalhousie University, November 9, 2015
  • "Advocating for Leadership and Advancement”, Panel Moderator and “Mentoring Roundtable: Ask Me Anything”, Mentor, The Advocates’ Society CPD and Networking Conference for Women in Litigation, “Atlantic Women in Litigation” - May 5, 2016
  • “Annual Evening with the Labour Board” - Canadian Bar Association, Nova Scotia Branch, May 18, 2016
  • “Legal Update from a Nova Scotia Human Rights Board of Inquiry and Ensuring a Fair Process”, National Human Rights Tribunal Forum hosted by the Canadian Human Rights Tribunal, Ottawa, May 27 - 28, 2016
  • “Employment Broken Beyond Repair: When is Reinstatement Inappropriate?”, Arbitrator Panelist – Lancaster House Human Rights and Labour Law Conference, June 1, 2016
  • “Halifax Bench and Bar Series: Challenging Credibility”, Panelist - The Advocates’ Society, October 19, 2016
  • “Annual Evening with the Labour Board” - Canadian Bar Association, Nova Scotia Branch, June 15, 2017
  • “Cross-Examining: Strategies for Success” Skills Instructor - The Advocates’ Society, April 10, 2017
  • “Maximizing the Efficiencies of the Arbitration Process (Or How Not to Litigate an Arbitral Dispute!)” – ADRIC – National ADR Access to Justice Conference - St. John’s, Newfoundland, October 20, 2017
  • “Remedies in Human Rights - Across Canada Survey Reports”, Adjudicator Panelist, National Human Rights Tribunal Forum hosted by the Canadian Human Rights Tribunal, Ottawa, June 1-2, 2018
  • “Annual Evening with the Labour Board” - Canadian Bar Association, Nova Scotia Branch, June 21, 2018
  • "Social Media and Privacy”, Arbitrator Panelist, National Academy of Arbitrators’ Canadian Arbitrators Conference, Quebec City, August 2-4, 2018
  • “Law Society of British Columbia v. Trinity Western University, 2018 SCC 32 - Balancing Individual Freedoms Against the Profession’s Statutory Objectives”, Panel Moderator, Canadian Bar Association Joint Administrative Law, Sexual Orientation and Gender Identity Community and Constitutional & Human Rights Law Presentation, October 4, 2018
Area of Practice
  • Adjudicator & Arbitrator
  • Administrative Law
  • Contractual Interpretation
  • Disability & Insurance
  • Employment & Labour Law
  • Health Law
  • Human Rights
  • Judicial Review
  • Mediator
  • Negotiator
  • Occupational Health & Safety
  • Policy Development
  • Professional Regulation
  • Statutory Drafting & Interpretation
  • Workplace Investigations
  • Neutral Counsel for Adjudicative & Investigative Tribunals
Reported Adjudicative Decisions & Orders
  • International Union of Painters and Allied Trades, District Council 39, Local 1945/1439 v Profile Blasting and Coatings Inc, 2011 CanLII 98645 (NS LA)
  • Labourers International Union of North America, Local 615 v Lyndon’z Concrete Services Limited, 2011 CanLII 99394 (NS LA)
  • Cromwell v Leon’s Furniture Limited, 2012 CanLII 94803 (NS HRC)
  • Quilty-MacAskill v Community Justice Society, 2013 CanLII 33709 (NS HRC)
  • Elegant Homes Limited, carrying v Director of Occupational Health and Safety, 2013 NSLB 70 (CanLII)
  • Drumlin Hills (Assisted Living Apartments for Seniors) v Director of Occupational Health and Safety, 2013 NSLB 82 (CanLII)
  • King’s Transit Authority v Director of Occupational Health and Safety, 2013 NSLB 124 (CanLII)
  • United Brotherhood of Carpenters and Joiners of America, Local 83 v Ralph Connor Company Limited, 2013 NSLB 145 (CanLII)
  • Crothall Services Canada Ltd v National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW- Canada)-Local 460, 2013 CanLII 81837 (NS LA)
  • MacDonald v Cambria Food Services Limited, 2013 CanLII 85719 (NS HRC)
  • Sommex Maritime Limited v Director of Occupational Health and Safety, 2013 NSLB 166 (CanLII)
  • Unifor v LaHave Manor Corporation, 2014 NSLB 89 (CanLII)
  • Hawboldt v CBM-Custom Building Maintenance (NS) Limited, 2014 NSLB 18 (CanLII)
  • Bernard v Atoqwa’su Farms Limited, 2014 NSLB 45 (CanLII)
  • Cromwell v Leon’s Furniture Limited, 2014 CanLII 16399 (NS HRC)
  • DSME Trenton Ltd v Byron Gerard Donovan, 2014 NSLB 67 (CanLII)
  • Laybolt v CBM-Custom Building Maintenance (NS) Limited, 2014 NSLB 80 (CanLII)
  • Wakeham v Nova Scotia (Environment), 2014 CanLII 31470 (NS HRC)
  • McNair v Manolakos, 2014 NSLB 150 (CanLII)
  • Friars v Mainstay Security and Investigations (2011) Inc, 2014 NSLB 144 (CanLII)
  • Pemberton v Wal-Mart Canada Corp., 2014 Can LII 50316 (NS HRC)
  • Powell v Dartmouth Seniors Kiwanis Multi Service Centre (Dartmouth Seniors’ Service Centre), 2014 NSLB 215 (CanLII)
  • Saulnier v Conseil scolaire acadien provincial, 2014 CanLII 58963 (NS HRC)
  • Service Employees International Union Local 2 v Seascape Building Maintenance Inc, 2014 NSLB 245 (CanLII)
  • Service Employees International Union Local 2, Brewery General & Professional Workers’ Union v Seascape Building Maintenance Inc, 2014 NSLB 250 (CanLII)
  • Lucas v Lefty’s Restaurant & Lounge, 2015 NSLB 2 (CanLII)
  • McNair v Foxy Moon Hair Gallery, 2015 NSLB 5 (CanLII)
  • Vickers v Wingdings Restaurant Services Inc., 2015 NSLB 63 (CanLII)
  • Pyke v Killorn (Premiere Cleaning Solutions), 2015 NSLB 79 (CanLII)
  • Dolente v Seascape Building Maintenance Inc., 2015 NSLB 157 (CanLII)
  • A.B. v Nova Scotia Crop and Livestock Insurance Commission, 2015 CanLII 44189 (NS LA)
  • Wakeham v Nova Scotia (Environment), 2015, CanLII 77693 (NS HRC)
  • Service Employees International Union, Local 2 Brewery, General and Professional Workers’ Union v Coburg Coffee House, 2015 NSLB 247 (CanLII)
  • Strang v Oxford Frozen Foods, 2016 NSLB 102 (CanLII)
  • Kelly v Membertou Gaming Commission Inc., 2016 NSLB 156 (CanLII)
  • Charlton v Holmestead Cheese Sales Inc., 2016 CanLII 63091 (NS HRC)
  • Denholm v Grant Elliot Construction Professionals, 2016 NSLB 296
  • Dennis v Millbrook Band (Millbrook Tobacco Store), 2016 NSLB 271 (CanLII)
  • Enercon Services Canada Inc. (Re), 2017 NSLB 9 (CanLII)
  • Amalgamated Transit Union, Local 508 v Halifax (Regional Municipality), 2017 CanLII 10897 (NS LA)
  • Evans v Saint Mary’s University Students’ Association Inc., 2017 NSLB 42 (CanLII)
  • Mielle Chanel Inc. (Honey Bee Ice Cream Parlor) v Carmanda Fevens, 2017 NSLB 46 (CanLII) (assigned to Vice-Chair Raymond, order signed on behalf of Board by Chair Hollett)
  • Nova Scotia Union of Public and Private Employees, Local 13 v Halifax Regional Municipality, 2017 CanLII 78410 (NS LA)
  • Wakeham v Nova Scotia (Department of Environment), 2017 CanLII 51556 (NS HRC)
  • Nova Scotia Union of Public and Private Employees, Local 13 v Halifax Regional Municipality, 2017 CanLII 78411 (NS LA)
  • Wakeham v Nova Scotia (Department of Environment), 2017 CanLII 50786 (NS HRC)
  • Magdy v Atlantic Truck and Equipment Repair Limited, 2017 NS LB 124 (CanLII)
  • Nova Scotia Union of Public and Private Employees, Local 13 v Halifax Regional Municipality, 2017 CanLII 82065 (NS LA)
  • R.G. Church Fuels Ltd. v Canavan, 2018 NSLB 55 (Can LII)
  • Arsenault v 3249265 Nova Scotia Limited c.o.b. Pizzadelic 2018 CanLII 129531 (NS HRC)