A short time ago, the Ontario Superior Court case of Spirou vs. Chant, et al. illustrated a very interesting point in regard to workplace mediation attorneys handling litigation between an employee and an employer. In a hearing dated December 12, 2011, the court decided to remove representatives from Shulgan Martini Marusic LLP as attorneys for the plaintiff, Kim Spirou.

Shulgan Martini Marusic's Mediation Services and Conflict of Interest

Sometime around June of 2010, the Hotel-DIeu Grace Hospital (HDGH) hired Gerri Wong, an attorney from Shulgan Martini Marusic as a mediation attorney for interoffice conflicts. Apparently, there were workplace violence and harassment issues between the cardiology program and virtually everyone else.

During the course of Ms. Wong's employment at the hospital, she had provided mediation services with Kim Spirou, who was at the time in senior management for the hospital. Ms. Spirou's employment was terminated, and she sued the hospital for $6.3 million total. Her attorney for this claim was Myron Shulgan, a partner at the aforementioned law office.

Chant and company moved for conflict of interest, as Ms. Wong was retained at the hospital for mediation tasks, and she could theoretically supply Mr. Shulgan with information that could put the hospital at an unfair disadvantage. This was despite the fact that Ms. Wong quit mediating at the hospital on December 10, 2010, and quit the law firm on April 30, 2011.

Additionally, the law firm had, on previous occasions, been involved in cases against HDGH for malpractice, and both they and the hospital had affirmed to Ms. Wong that there would be no conflict issues.

In this decision, it would appear that the Ontario Superior Court aimed to err on the side of caution. As defendants in the case, HDGH were able to raise enough doubt that Ms. Wong could communicate specific information to Mr. Shulgan that could be damaging to the hospital.