George Avraam

George Avraam, FCIArb, Q. Arb

Partner
Baker & McKenzie LLP

Biography

George practices trial and appellate litigation. He has appeared as lead counsel in trials, administrative hearings, and arbitrations. He has also conducted several judicial reviews and appeals, including appeals in the Supreme Court of Canada. His practice focuses on high-stakes matters, including:

  • Complex labour and employment litigation, including class actions;
  • Administrative and public law matters, including Charter cases;
  • Domestic and cross-border commercial disputes before the courts and arbitrators;
  • Fraud and breach of fiduciary duty litigation; and 
  • Shareholder and partnership disputes.

As a trusted advisor to Boards and executive teams, George also provides strategic counsel on sensitive matters that range from cross-border disputes and investigations to crisis management.

Practice Focus

George practices trial and appellate litigation that is focused on complex litigation.

He is a Fellow of the American College of Trial Lawyers, a Fellow of the College of Labor and Employment Lawyers, and a Fellow of the Chartered Institute of Arbitrators. He is also a Qualified Arbitrator and is as a Certified Specialist in Civil Litigation (LSO).

George is also ranked in Chambers (Ontario: Employment & Labour, Band 1; Ontario, Litigation, Administrative & Public Law, Band 3; Ontario), Legal 500 (Leading Partner), Lexpert, Lexology, Best Lawyers in Canada (Labour & Employment Law; Public and Administrative Law), and Benchmark Litigation.

George has worked on several high-profile and precedent setting cases, including:

  • Acting as lead litigation counsel for McMaster University, the University of Waterloo, the University of Western Ontario, and Guelph University in successfully ending encampments on their campuses.
  • Defending a leading Ontario university in the Divisional Court over its mandatory vaccine policy (Michalski).
  • Whether an employer must provide an employee consideration for a termination clause in an asset transaction (Olympus, leave to appeal to the Supreme Court of Canada denied).
  • The scope and purpose of punitive damages (Pate).
  • The jurisdiction of the court to entertain a wrongful dismissal after a union has been certified but before a collective agreement has been finalized (Cintas).
  • The enforceability of termination clauses in employment contracts (Holland and Andros).
  • The authority and powers of a university administrative tribunal (Bart).
  • The jurisdiction of a labour board over a foreign entity (Wal-Mart Stores Inc).
  • The lawfulness of a store closure during a union certification drive Wal-Mart (Jonquiere, SCC).
  • Moral damages flowing from an employment relationship (Honda v. Keays (SCC)).

Representative Legal Matters

  • Lead counsel to McMaster University in Michalski et al. v. McMaster University, 2022 ONSC 2625 (Can LII), in which the Court dismissed a challenge to the University's mandatory vaccination policy.
  • Lead counsel in several class actions involving the alleged misclassification of employees. 
  • Lead counsel in Andros v. Colliers Macaulay Nicolls Inc. 2019 ONCA 679, which addressed the enforceability of termination clauses in employment agreements.
  • Lead counsel in Krishnamoorthy v. Olympus Canada Inc. 2017 ONCA 873, in which the Ontario Court of Appeal found that fresh consideration was not required for a termination clause secured as part of an offer of employment in an asset transaction. The Supreme Court of Canada denied leave to appeal.
  • Lead counsel in Bart v. McMaster University 2016 ONSC 5747 (Can LII), in which he successfully represented McMaster University in one of the most significant judicial reviews involving internal adjudicative processes at a university.
  • Lead counsel in Holland v. Hostopia.com, 2015 ONCA 762 in which he successfully upheld the trial court's findings that the Plaintiff was not entitled to commissions arising out of a transaction.
  • Lead counsel in Pate Estate v. The Corporation of the Township of Galway-Cavendish and Harvey (2013), 117 O.R. (3d) 481 on the scope and purpose of punitive damage awards.
  • Lead counsel for the intervener, Canadian Association of Counsel to Employers, in a case at the Supreme Court of Canada involving the intersection between the Charter and workplace policies and collective agreements in York Region District School Board v. Elementary Teachers Federation of Ontario 2024 SCC 22 (SCC) (CanLII).
  • Lead counsel for the intervener, the Canadian Constitution Foundation, in a case at the Supreme Court of Canada involving the immunity of the Crown for damages in Attorney General of Canada v. Joseph Power, 2024 SCC 26 (CanLII).
  • Lead counsel for the intervener, the Canadian Constitution Foundation on a freedom of expression case, in Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII).
  • Lead counsel at the Ontario Court of Appeal for the intervener Canadian Association of Counsel to Employers, on the constitutionality of wage restraint legislation: Ontario English Catholic Teachers Association v. Ontario (Attorney General) 2024 ONCA 101 (CanLII).
  • Lead counsel for the intervener, the Canadian Constitution Foundation, on an equality case involving standardized tests in The King v. Petrucci before the Ontario Court of Appeal 2023 ONCA 788 (CanLII).
  • Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in UFCW, Local 503 v. Wal-Mart Canada Corporation, 2014 SCC 45 (CanLII).
  • Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in Plourde v. Wal-Mart Canada Corporation, 2009 SCC 54 and Desbiens et al. v. Wal-Mart Canada Corporation, 2009 SCC 55.
  • Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in Honda Canada Inc. operating as Honda of Canada Mfg. v. Kevin Keays: 2008 SCC 39.

Professional Associations and Memberships

  • Fellow, American College of Trial Lawyers
  • Fellow, Chartered Institute of Arbitrators
  • ADR Institute of Canada (Q. Arb)
  • Certified Specialist in Civil Litigation, Law Society of Ontario
  • Fellow, College of Labor and Employment Lawyers
  • Canadian Association of Counsel to Employers
  • The Advocates' Society
  • Canadian Association of University Solicitors
  • International Chamber of Commerce, Canada Arbitration Committee
  • Toronto Commercial Arbitration Society

Admissions

  • Ontario~Canada (1999)

Education

  • Osgoode Hall Law School (LL.M. Administrative Law) (2002)
  • Osgoode Hall Law School (LL.B.) (1997)
  • York University (B.A.) (1993)

Languages

  • English
  • Greek