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Mathias Link Toronto Lawyer

Mathias Link

Partner Fasken
Understanding the most recent developments in employment law is vital for your organization.
Jurisdiction Ontario, 2003
Language(s) English
Office(s) Toronto
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Overview

Mathias Link has advised and represented employers with respect to labour, employment and human rights law matters for more than 20 years. His practice includes defending employers in wrongful dismissal actions, human rights complaints, grievance arbitrations, certification applications, unfair labour practice complaints, claims under the Employment Standards Act, 2000 and Canada Labour Code as well as disability benefits claims related actions.

Mathias acts as lead spokesperson in collective bargaining on behalf of employers and assists employers with negotiation strategy and providing ongoing advice regarding collective agreement administration.

Mathias also provides clients with strategic advice with respect to the employee related aspects of corporate restructurings, drafts employee and independent contractor agreements and reviews and provides advice concerning workplace policies in areas such as the duty to accommodate, harassment and discrimination.

Mathias spent a year as in-house counsel with one of North America's largest financial institutions. There, he provided legal and practical advice on matters focusing on employment law, human rights, employment contracts, privacy legislation and disability benefits claims.

Mathias is a frequent speaker at Ontario Bar Association and Lancaster House seminars and contributes to publications such as Lexpert, Canadian Corporate Counsel magazine and Canadian Labour and Employment Law for the U.S. Practitioner and is co-author of the chapter on Canadian Employment and Labour Law for the International Comparative Legal Guide. 

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Labour Relations - Management, Canadian Legal Lexpert Directory 2023 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Employment Law, Canadian Legal Lexpert Directory 2022 to 2025
  • Recognized in the Canadian Legal Lexpert Directory in Workplace Human Rights, Lexpert 2022
  • Recognized in the Canadian Legal Lexpert Directory in Labour Relations, Lexpert 2020 to 2021
  • Recognized in the Canadian Legal Lexpert Directory in Employment Law, Lexpert 2020

Experience

  • Ontario Secondary School Teachers' Federation successful in dismissing application brought before the Human Rights Tribunal, [Case - Ontario Secondary School Teachers' Federation], Canadian trade union successfully dismisses human rights violation.
  • Rayonier Inc. successfully defends against union policy grievances alleging violation of the Canadian Charter of Rights and Freedoms, [Case - Rayonier Inc.], Defense against grievances regarding the age 65 cut-off provision in a long-term disability benefits plan
  • Sobeys Inc. Retail Support Centre - Whitby v. Unifor, Local 1090, 2017 CanLII 57455 (ON LA), [Case - Sobeys Inc. Retail Support Centre - Whitby], ​Successfully defended allegations against Sobeys that it failed to accommodate on the basis of disability and unjustly disciplined and discharged the grievor.
  • First Canada ULC (c.o.b. First Student Canada) v. Arsenault [2016] C.L.A.D. No. 248, [Case - First Canada ULC], Successfully appealed orders to pay termination and severance pay to three complainants following loss of work contract to two other bus companies where complainants accepted employment with those companies.
  • United Steel Workers, Local 5890 v. Evraz Regina Steel, a Division of Evraz Inc. NA Canada (Stice Grievance) (2016) 272 L.A.C. (4th) 111, [Case - Evraz Regina Steel, a Division of Evraz Inc. NA Canada], Successfully defended Evraz in discharge arbitration involving locomotive operator who his dismissal for alleged negligence which caused damage to empty railcars and railway track.
  • Unimin Canada Ltd. and Communication, Energy and Paperworkers Union of Canada, Local 306-0 (Journeyman Bonus Grievance), (2016), 271 L.A.C. (4th) 225, [Case - Unimin Canada Ltd.], Successfully defended client in policy grievance regarding alleged representation made during bargaining concerning enhanced compensation for bargaining unit employees.
  • Jack Cooper Transport Canada Inc v. Canada Council Of Teamsters, 2013 CanLII 90058 (ON LA), [Case - Jack Cooper Transport Canada Inc. Ontario Division], Successfully defended employer in discharge arbitration involving grievor who engaged in intentional and deliberate dishonesty with respect to an accident in which he was involved while driving an employer transport truck.
  • We assist the Toronto-Dominion Bank and its subsidiaries with their employment-related litigation across Canada., [Deal - Toronto-Dominion Bank]

Career & Education

Education

  • LLB University of Victoria
  • B Comm McMaster University

Memberships & Affiliations

  • Member, American Bar Association, Labour and Employment Law Section
  • Member, Canadian Association of Counsel to Employers (CACE)
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Society for Human Resource Management (SHRM)
  • Member, The Law Society of Upper Canada (Ontario)

Knowledge

Events

  • Employment Agreements and Termination Clauses – the Most Recent Developments in the Law, 9/17/2025
  • Getting “Giggy” with it: A Review of Recent Developments in the Law Regarding Gig Workers and How It Impacts Canadian Employers, 9/17/2024
  • Effectively Managing Employee Performance and Conduct: Tips and Strategies for Employers, 6/20/2023
  • Just Cause Terminations, 9/20/2022
  • Can I be Honest with You? The Duty of Good Faith and the Employment Relationship, 6/17/2021
  • Effective Progressive Discipline and Performance Management: Strategies for Addressing Poor Work Performance, Behaviour and Misconduct, 5/4/2021
  • Remote Work, 6/3/2020
  • Dazed and Confused: Drugs and Alcohol in the Safety Sensitive Workplace, 3/2/2020
  • Are you Conducting Effective Workplace Investigations?, 4/16/2019
  • Terminations: Just Cause or Just Because?, 11/27/2018

News

  • Mathias Link comments on changes to employee benefit plans in Canadian HR Reporter, 4/14/2025
  • Mathias Link comments on zero tolerance drug policies in the workplace in Canadian HR Reporter, 4/9/2025
  • Mathias Link comments on employment standards for gig workers in Canadian Affairs, 9/6/2024
  • Mathias Link comments on rules surrounding employees’ recreational marijuana use in Human Resources Director, 1/25/2024
  • SHRM.org quotes Mathias Link in an article about Canada’s response to COVID-19 and a review of the eligibility requirements for CERB and CEWS, 6/23/2020
  • Les Affaires.com announces the arrival of 30 lawyers at the firm, 3/31/2014
  • Fasken Martineau welcomes five new lawyers to its Toronto office, 2/11/2014

Publications

  • The Evolution of Employer-Sponsored Long-Term Disability Plans, 10/1/2024
  • Review of the Employment Standards Provisions of The Saskatchewan Employment Act, 10/31/2023
  • Employment and Labour Law 2021, 3/26/2022
  • The International Comparative Legal Guide - Employment & Labour Law 2021 (Canada), 3/26/2021
  • Remote Work During the COVID-19 Pandeminc and Beyond: Where Do We Go From Here, 6/15/2020
Technical Paper Review of the Employment Standards Provisions of The Saskatchewan Employment Act Canadian Association of Counsel to Employers (CACE) submissions regarding Saskatchewan Ministry of Labour Relations and Workplace Safety Legislative Review Discussion Paper

Speaking Engagements

  • Collective Bargaining Essentials, 12/8/2025
  • Employer Sponsored Long Term Disability Plans, 6/20/2025
  • Workplace Investigations in a Unionized Environment, 3/26/2025
  • Labour Law Fundamentals, 6/11/2024
  • Developments in Human Rights Law Regarding Age Based Distinctions in Employee Benefits, 6/4/2024
  • Understanding the Legal Implications of Mental Wellbeing in the Workplace, 9/7/2023
  • The Investigative Process, 4/4/2023
  • Drafting and Updating Your Employment Agreements: A Contract Refresher for a Changing Workplace, 4/28/2022
  • Enforcing COVID19 Vaccination Policies: The Latest Word from Adjudicators, 1/25/2022
  • 2020 Vision: Key precedents from an unprecedented year, 12/9/2020
Speaker Collective Bargaining Essentials York University – Osgoode Hall Law School Professional Development Program
Speaker Employer Sponsored Long Term Disability Plans Canadian Institute of Actuaries Annual Conference 2025 location location Ottawa, ON
Speaker Workplace Investigations in a Unionized Environment York University – Osgoode Hall Law School Certificate in Labour Law Program