Simone Ostrowski

[email protected]

Law School

Admitted to Bar

Years of Experience

Proficiency In

Queen's University

2014

10

Human Rights, Discriminatory Dismissals, and Executive Compensation

A Fearless Litigator

Delivering Excellence in Everything She Does

As a partner at Whitten and Lublin, Simone Ostrowski, is an employment lawyer and litigator, who demands excellence. Consequently, clients can expect outstanding service, great communication, and smart strategy every time.

This high achiever has been described by clients as patient, caring and professional. As a litigator, Simone has been characterized as poised, confident and unflappable. Recognized for her quick thinking and sharp mind, she aggressively pursues her strategy, often demolishing her opponent’s case, to ensure the best outcome for her client.

Simone assists both employees and employers with both union and non-union workplace matters. Her expertise includes wrongful/constructive dismissal claims, separation packages, harassment and human rights claims, occupational health and safety laws, employment contracts, executive compensation, workplace policies, training and compliance, unionized workplace disputes, unfair labour practice allegations, grievance arbitration, accommodations, and workplace violence.

While Simone’s highly skilled in all areas of employment law, her desire to protect people when they are at their most vulnerable has influenced her specific interest in Human Rights law. This focus has led her to appear as a speaker on panels involving human rights law as well as receiving awards in this area.

In Simone’s free time, she enjoys long-distance running, and getting outdoors to hike, bike and ski.

Simone Ostrowski has argued cases at all levels of the courts in Ontario including the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Small Claims Court, the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario, the Workplace Safety and Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, and various matters in front of labour arbitrators. She has also made submissions to the Supreme Court of Canada.

Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961 - successfully defended employer’s severance provision. Although the decision was later overturned on appeal, its impact was significant.
Yee v. Hudson’s Bay Company, 2021 ONSC 1651 (CanLII ) - successfully convinced the court to award client elevated costs due to the Defendant’s bad faith conduct in preparation for the trial.
Yee v Hudson’s Bay Company, 2021 ONSC 387 (CanLII ) - successfully argued first known Canadian case to address impact of Covid-19 on severance awards.
United Food and Commercial Workers Union, Canada Local 333 and Paragon Protection Ltd., Re, 2021 CarswellOnt 1604, November 9, 2021 (Von Veh) - prevailed in defense of Covid 19 vaccination policy for client.
Di Biase v. 1004904 Ontario Limited O/A Canada Pure Water Co. Ltd, 2019 HRTO 1005 - successfully won Human Rights discrimination case.
Bell v. Three Small Rooms Hair Salon Inc., 2019 HRTO 287 - successfully stopped the amendment of human rights application.
Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands), 2018 ONCA 116 - successfully convinced the Ontario Court of Appeal to uphold a trial judge’s award regarding her hockey player client’s promotional contract.

Aziz v. Huronia Insurance Group, [2018] O.J. No. 6532 - effectively defended client against wrongful dismissal claim.
Downtown Kids Academy Inc. v. Zakrzewski , 2017 ONSC 5045 - successfully challenged an injunction that would have impacted the client’s ability to work in her industry.
Decision No. 1088/17, 2017 ONWSIAT 1442 - prevailed on appeal to overturn decision in favour of client regarding workplace accident.
International Brotherhood of Electrical Workers, Local 120 v Armoclan Engineering Ltd., 2016 CanLII 8789 (ON LRB) - successfully won workplace dispute in favour of union.
Decision No. 354/15, 2015 ONWSIAT 773 - successfully won on appeal before the Workplace Safety and Insurance Tribunal regarding additional workplace injury compensation for her client.
United Brotherhood of Carpenters and Joiners of America, Local 18 v 2342981 Ontario Inc (Swan Construction, Swan & Associates Inc), 2014 CanLII - successfully won workplace dispute in favour of client.
Eastern Power Limited v Labourers’ International Union of North America, Local 1089, 2014 CanLII 6673 (ON LRB) – won a sector dispute on behalf of several construction trade union local.

Recent interviews, citations and appearances include:

CTV News – Ongoing Bargaining in PSAC strike (April 30, 2023)
CTV News – Public Service Alliance of Canada (“PSAC”) strike (April 22, 2023)
CP24 – Bill 28 Receives Royal Assent (November 3, 2022)
CP24 – Back to Work Legislation to Prevent a Strike by CUPE Education Workers (October 31, 2022)
CPD Online.ca, Health & Safety in the Pandemic Era, May 27, 2022
HDR, Inside the Liberal-NDP deal — and what it really means for HR, April 7, 2022
Canadian Lawyer, Vaccine mandates: Are they legal in Canada?, Feb 24, 2022
CTV News, Mandatory vaccinations in the workplace, September 12, 2021

CTV News, What rights do working parents have to help them juggle childcare, May 4, 2021
CBC News, Union paying legal bills for teachers charged with crimes against students, December 28, 2019
Benefits Canada, Head-to-Head: Should Canada’s workplace mental-health standard by mandatory?, June 28, 2019
CBC News, Former Domino’s Pizza driver awarded over $28K after the company broke labour laws, November 14, 2018
Globe and Mail, Toronto company criticized for job ad saying ‘men are preferred’ for 25-pound lifting, June 19, 2018

Older woman with short hair looking into camera

Our impact.

Ms. Simone Ostrowski of Whitten & Lublin law firm took my case involving human rights and vaccine mandates against my former employer. Typically, my company used suspension as the stick to force Covid vaccine compliance. Disobedience to this coercion, even for religious conscience or medical reasons, could bring about indefinite suspension. Knowing they were preparing to suspend me, I retained the services of Simone Ostrowsky. Ms. Ostrowsky explained the law and my human rights which were being violated by my employer at that time. She obtained a settlement with my former company which would otherwise not have happened had I accepted their decision to suspend me without pay or benefits. I had never used a lawyer before nor had conflicts with an employer. They had a lot of good reviews so I went with Whitten & Lublin. It was ultimately a great decision!! Thank you Simone for your great work and quickly bringing about a great settlement.

Jane Fiore

I was given the name of Simone Ostrowski of Whitten & Lublin as a referral. Simone Ostrowski was very professional, with a quick response time on any issues or questions that I had. She took the time to explain how things play out in the courts and explained my options to me with solid advice. I am very grateful for reaching out to her. I am very pleased with my settlement and appreciate all the hard work that was put into my case by Simone and her team at Whitten & Lublin. I highly recommend her and this firm, No need to be nervous, they will make you feel at ease and guide through your situation.

Tom Hudson

I recently worked with Simone Ostrowski through an employment issue, and she was fantastic! She answered all my questions and made sure I was clear on what was expected and what would be taking place. She made what was a difficult process a lot easier and I really felt like I had someone on my side making sure I was taken care of. I would highly recommend Simone and Witten & Lublin Employment Lawyers.

Britt K

Simone is an amazing lawyer who helped me during a difficult time. Simone was honest, professional, knowledgeable and provided me with all of my options regarding law and my case. Simone was also very swift when responding to my emails or calls - which i truly appreciated. In the end, I was able to get more than I was initially provided. I would definitely and honestly recommend this law firm!! Thank you guys so much!

Hazel

Simone came highly recommended by a friend and I’m so glad that I was able to have her assist me. I had a great experience at a terrifying and vulnerable time. Simone went above and beyond my expectations and helped me reach the best outcome possible. She equipped me with all the information needed for me to reach my end goal. I would highly recommend her to anyone and everyone.

Lilianna Ramalheira

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Simone Ostrowski

A Fearless Litigator

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