Lawyers

Tom F. Beasley Associate Counsel

Tom’s practice includes representation of employers and employees in all aspects of the employment relationship with an emphasis on human rights, employment standards, harassment, judicial reviews, and  wrongful dismissal matters. His employment law representation also includes workers’ compensation and labour relations (management-side) matters.

Tom acts for professionals in complaints before their regulatory boards and members of the Royal Canadian Mounted Police in employment matters.

His practice includes investigation, negotiation, mediation, litigation, policy advice, manual writing and training on human resource matters.

Tom’s practice has included litigation in all levels of Courts in British Columbia, the Federal Court at trial and appellate levels, and the Supreme Court of Canada, as well as participation in arbitrations and mediations as counsel. Tom regularly appears before the Human Rights Tribunal of BC, the Canadian Human Rights Commission, the Canadian Human Rights Tribunal, the Employment Standards Branch of BC, and the Employment Standards Tribunal of BC.

Tom has written articles on human rights, judicial review and employment law for the Continuing Legal Education Society of BC for many years, and is a regular speaker at other professional continuing education conferences. Tom is also a frequent speaker on underwater archaeology, diving and maritime history in BC and beyond.

Representative Cases

Boehringer Ingelheim (Canada) Ltd. v. Kerr, 2011 BCCA 266, dismissing appeal from 2010 BCSC 427. Human Rights – Judicial Review - Prima Facie Discrimination – Duty to Accommodate

Dove v. GVRD and others (No. 3)  2006 BCHRT 374. Human Rights – Dismissal Application – Continuing Contravention

Palmer v. Clemco Industries Inc. 2010 BCSC 230. Wrongful Dismissal – Employee/Independent Contractor – Just Cause – Reasonable Notice

British Columbia (Ministry of Education) v. Moore 2010 BCCA 478
Human Rights – Judicial Review - Duty to Accommodate in a public service dismissing appeal from 2008 BCSC 264; leave to Supreme Court of Canada granted

Blencoe v. British Columbia (Human Rights Commission) 2000 2 SCR 307. Administrative Law – Abuse of Process – Delay

Professional and Other Affiliations

• Called to the Bar of British Columbia, 1982
• Called to the Bar of Ontario, 1981
• Law Society of British Columbia, Member
• Canadian Bar Association (CBA), Member
• Executive Member of the Human Rights Subsection of the CBA, 2009 to present
• First United Church Social Housing Society, Board Member, 2008 to 2011
• Franklin Revitalization of our Grounds (FROG), Chair, 2003 to 2008
• Board of Examiners in Optometry in B.C., Board Member, 2004 to 2009
• College of Optometrists in B.C., Board Member, 2009 to 2010
• Vancouver Maritime Museum Society, President, 1989 to 1992; Trustee, 1985 to 1994,2007 to present
• Underwater Archaeological Society of B.C., President, 1986 to 1990; Director, 1983 to 1999, 2011 to present
• Underwater Council of B.C. (UCBC), President, 1993 to 2008
• Artificial Reef Society of B.C. (ARSBC), Vice-President, 1989 to 1994
• YMCA of Greater Vancouver, Downtown Unit Advisory Board, Trustee, 1985 to 1993
• Heritage Council of B.C., Chair, 1989 to 1991; Member, 1987 to 1991
• Heritage Advisory Council to the Minister of Small Business, Tourism & Culture, Member, 1992 to 1995
• Society for Historical Archaeology, Co-Chair, 1994 Conference (650 delegates)

Author and Speaker

• The continuing evolution of commercial diving regulations. Shipping News, November 2017
• Relation under the Human Rights Code, Panelist, Human Rights 2013, Continuing Education Society of BC (CLE of BC), November 2013
• Hurt Feelings: A Qualitative and Quantitative Analysis; Human Rights 2012, Continuing Education Society of BC (CLE of BC), November 2012
• Human Rights Complaints: current structure and the change process ‘Delay cases’ and ‘Gender Identity’, Employment Law 2000, Continuing Legal Education Society of BC (CLE of BC), May 2000
• Dealing with Learning Disabled Children and Avoiding Discrimination Claims, (2003) 4 Risk Management in Canadian Education 17
• Duty to Accommodate: An Evolving and Costly Exercise, Hoping for a Common Sense (R)evolution, Human Rights 2003, CLE of BC, November 2003
• Concurrent Jurisdiction for Human Rights Complaints: Tribunals or Arbitration Panels, Employment Law 2004, CLE of BC, April 2004
• Duty to Accommodate: Bundling duties and creating a new position - Labour Arbitration 2004, CLE of BC, June 2004
• Duty to Accommodate: Undue Hardship: An Elastic and Evasive Concept Where Evidence is Paramount, Human Rights 2004, CLE of BC, November 2004
• Risk Management in Canadian Education – Creating Harassment Free Schools (2005), 5 Risk Management in Canadian Education 53
• Duty to Accommodate: Proactive Management of Employees with Disabilities ‘Managing the Return to Work Process’ Employment Law 2006, CLE of BC, May 2006
• Judicial Review of Human Rights Decisions, Human Rights 2006, CLE of BC, November 2006
• A School District’s Duty to Consult with Parents: Applying Human Rights Accommodation Principles into Individual Education Plans, (2007), 7 Risk Management in Canadian Education 33
• Remedies and Damages under the Human Rights Code, Human Rights 2007, CLE of BC
• Thomas F. Beasley and Thomas D. Schiller, The Changed Jurisprudential Context in Employment and Human Rights Matters: The Supreme Court of Canada 1992 to 2008, Human Rights 2008, CLE of BC, November 2008

Other Interests

Tom’s personal interests include scuba diving, shipwrecks, underwater archaeology, artificial reef development, gardening, bee-keeping, and maritime history (pacific northwest sea otter trade).

Areas of Practice

• Litigation
• Employment Law
• Health Law
• Human Rights Law