Michael James Schalke

Michael is a partner^* in Gowling WLG's Vancouver office, specializing in employment, labour, privacy, human rights, administrative, professional regulatory, occupational health & safety, as well as conflict of law matters. Michael has clients in a variety of industries, including in the natural resources, energy, food services, technology and entertainment sectors.

Michael acts as a solicitor and as a litigator. On the solicitor side of his practice, Michael's work includes assisting with commercial transactions, providing strategic advice and guiding clients through difficult issues. On the litigation side of his practice, Michael has appeared before various courts and tribunals, including BC Court of Appeal, BC Supreme Court, BC Labour Relations Board, BC labour arbitrators, BC Employment Standards Branch and Tribunal, and BC Health Professions Review Board.

Michael provides practical advice and creative solutions.

Michael has earned recognition in the 2021 and 2022 editions of the Best Lawyers in Canada Guide, in the category of employment & labour law, as well as recognition in the 2018 Canadian Legal Lexpert Directory, in the category of occupational health and safety.

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Litigation Experience

The following are some publicly available decisions in which Michael has acted as counsel:

Labour

• CBS Studios Inc. v. Teamsters Local Union No. 155, (Czerwonka Discharge Grievance) 2019 CanLII 127388 (Somjen)
• Island Mechanical Industrial Relations Association, BCLRB No. B34/2018
• Skeena Sawmills Ltd., BCLRB No. B12/2017
• Samuel, Son & Co. v. USW, Local 2009, BCLRB No. B114/2016
• BCGEU v. NEC Native Education College (Paul Grievance), [2016] B.C.C.A.A.A. No. 23 (Dorsey)
• PGIC Career College Inc., etc v. ETEA, BCLRB No. B237/2013
• Ming Pao Newspapers (Canada) Limited –and- Communications, Energy and Paperworkers Union of Canada, Local 2000, BCLRB No. B224/2011 (Leave for Reconsideration Denied BCLRB No. B36/2012)
• Richmond Steel Recycling v. Ironworkers, Local 712 (Kahriman Grievance), [2011] B.C.C.A.A.A. No. 132
• Compass Group Canada v. Hospital Employees' Union (Halliday Grievance), [2010] B.C.C.A.A.A. No. 118 (McEwen)
• Compass Group Canada (Health Services Ltd.) v. Health Employees' Union (Arbitrator Selection Grievance), [2008] B.C.C.A.A.A. No. 160 (Lanyon)
• Canadian Union of Postal Workers v. Canada Post Corp., 2008 BCSC 338
• Canadian Union of Postal Workers v. Canada Post Corp. (Danroth Grievance, CUPW 718-06-R0027, Arb. Dorsey), [2008] C.L.A.D. No. 235 (Dorsey)
• Canada Post Corp. v. Canadian Union of Postal Workers (Thompson Grievance, CUPW 846-07-00048, Arb. Lanyon), [2008] C.L.A.D. No. 16 (Lanyon)

Employment

• Brach v. Great-West Life Assurance Company, 2018 BCSC 784
• Steinebach v. Clean Energy Compression Corp., 2015 BCSC 460, rev'd 2016 BCCA 847
• Livingston v. I.M.W. Industries Ltd., 2015 BCSC 1627
• Brown (Re), [2012] B.C.E.S.T.D. No. 118 (Bhalloo)
• Mollenhauer (Re), [2009] B.C.E.S.T.D. No. 13 (Stevenson), application for reconsideration refused [2009] B.C.E.S.T.D. No. 38 (Thornicroft)

General Litigation

• Webster v. J. Yuen (BC RTB) and Brennan, BC Supreme Court – Vancouver Registry, Docket No. S118642 (April 25, 2013)
• Black v. Cross, 2011 BCSC 735, aff'd 2011 BCCA 249
• Black v. Cross, 2011 BCSC 736
• Stevens v. Capital Regional District, 2010 BCSC 445
• Chalmers (Litigation guardian of) v. AMO Canada Co., 2009 BCSC 689, aff'd 2010 BCCA 560
• Topgro Greenhouses Ltd. v. Houweling, 2009 BCCA 27, aff'd 2009 BCCA 131

Professional Regulatory

• B.C. Health Professions Review Board No. 2012-HPA-010(a)
• B.C. Health Professions Review Board No. 2012-HPA-210(a)
• B.C. Health Professions Review Board No. 2012-HPA-210(b)
• B.C. Health Professions Review Board No. 2013-HPA-061(a)
• B.C. Health Professions Review Board No. 2013-HPA-065(a)
• B.C. Health Professions Review Board No. 2015-HPA-121(a)
• B.C. Health Professions Review Board No. 2017-HPA-157(a)
• B.C. Health Professions Review Board No. 2017-HPA-157(b)
• B.C. Health Professions Review Board No. 2017-HPA-119(a)

Human Rights

• Cristiano v. Canadian Society of Immigration Consultants, 2016 BCHRT 175
• Forsyth v. City of North Vancouver and others, 2016 BCHRT 1
• Steele v. Aishwarya Investments Ltd., 2014 BCHRT 192 and 2013 BCHRT 187
• Chow v. GLH LLP, 2012 BCHRT 103
• McKenna v. Atlas Anchor Systems (B.C.) Ltd., 2011 BCHRT 60

Private International Law (Conflict of Laws)

• United States (Securities and Exchange Commission) v. Peever, 2013 BCSC 1090, aff'd 2014 BCCA 141
• United States (Securities and Exchange Commission) v. Cosby, BC Supreme Court - Vancouver Registry, Docket No. S137073 (November 20, 2014)
• United States (Securities and Exchange Commission) v. Mulholland, 2016 BCSC 847