Michael James Schalke Partner


Speaks:  English

Year of Call: 2007 - British Columbia

Primary phone: +1 604-891-2282

Fax: +1 604-443-5647

Email: michael.schalke@gowlingwlg.com

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Primary office:  Vancouver



Michael James Schalke

Michael James Schalke is a partner in Gowling WLG's Vancouver office specializing in employment and labour law. He is the leader of the Employment and Labour Group in Vancouver.

Michael advises clients from a wide range of industries on various employment and labour matters, including those relating to:

  • Employment standards
  • Executive compensation
  • Human rights
  • Labour relations
  • Occupational health and safety
  • Privacy law
  • Private international law (the conflict of laws as between different states and other jurisdictional issues)
  • Professional regulation in the health sector
  • Workers’ compensation
  • Wrongful dismissal

In his practice, Michael acts as adviser and litigator. He assists with commercial transactions, provides strategic advice, and drafts contracts and policies. He also assists clients on a number of commercial litigation matters, mediations, regulatory proceedings and other forms of alternative dispute resolution.

Michael has appeared before various courts and tribunals, including the B.C. Court of Appeal, B.C. Supreme Court, B.C. Labour Relations Board, B.C. Employment Standards Branch and Tribunal, B.C. Human Rights Tribunal and B.C. Health Professions Review Board.

Michael has earned recognition in the 2018 Canadian Legal Lexpert Directory.

Litigation Experience

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

Labour

  • 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

  • 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)

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

Career & Recognition

Filter timeline:
  • 2018

  • 2007

    • Qualifications (Year of Call/Admission, etc.)
      2007
      Year of Call, British Columbia
  • 2006

    • Education
      2006
      Dalhousie University, LLB
  • 2001

    • Education
      2001
      University of British Columbia, BSc.

Memberships

  • Canadian Association of Counsel to Employers
  • Canadian Bar Association, Labour Law and Employment subsections
  • “Jurisdictional Principles and Employment Law,” 2015 CLEBC Employment Law Conference, May 2015
  • Gowlings, in association with the Association of Corporate Counsel Canada, “Cybersecurity: Protecting Your Organization Against the Digital Age's Greatest Threat,” Vancouver, June 19, 2013

Previous speaking engagements

Insights & Resources

Client work