Derek Noyes practices in the areas of Labour & Employment, Real Estate, Indigenous, and Environmental Law. He earned his Juris Doctor from the University of Victoria in 2010, and was subsequently admitted to the Law Society of British Columbia in 2011 and to the Law Society of Ontario in 2012.
Derek takes a proactive approach to labour and employment issues, finding that it is almost always better to prevent a dispute before it can arise, through sound judgment and sound agreements. Derek prides himself on providing sensible and effective advice to his clients, and on working closely with clients to ensure that matters come to successful conclusions whenever possible. He has advised and represented clients regarding strikes and lockouts, grievances, certification drives and applications (for both unions and employers) and collective bargaining.
In real estate, Derek enjoys having a hands-on practice, meeting personally with clients and working closely with support staff to ensure that the deal goes smoothly. When issues arise, Derek’s litigation experience allows him to provide effective, practical advice and take firm positions that can be backed up with action.
Where a negotiated resolution is not possible, Derek is prepared to bring a matter forward for adjudication. Derek has appeared before the Ontario Superior Court of Justice, the Ontario Provincial Court, the Ontario Human Rights Tribunal, the Ontario Labour Board, the Chief Coroner of Ontario, and the Federal Court of Canada on a variety of matters related to real estate, labour and employment and band governance.
Prior to attending law school, Derek obtained an Honours Bachelor’s Degree in History, and Bachelor’s Degrees in French and Education from Lakehead University. Following this, Derek worked as a substitute teacher for the Superior-Greenstone District School Board, working with students from Junior Kindergarten to Grade 12.
Derek enjoys spending his time away from work trail running, Nordic skiing, snowboarding, playing soccer and hockey, and (above all) being with his family.
Community Involvement:
- Thunder Bay and District Humane Society – Vice-President
- Thunder Bay Community Auditorium Foundation – Vice-President
- Fort William Lodge A.F. & A.M. No. 415, M.M.
Representative Decisions:
Labour and Employment:
Labourers’ International Union of North America, Ontario Provincial District Council v RJ Concrete & Construction Ltd., 2020 CanLII 101810 (ON LRB): Derek acted for the Respondent employer in successfully defending against an application for automatic certification by the Applicant union.
Bombardier Transportation Canada Inc. v. Unifor et al, 2014 ONSC 4635 (CanLII): Derek acted for the Respondent union in successfully defending against an application by the employer seeking to effectively end lawful strike action.
Indigenous:
James v. McDowell Lake First Nation, 2020 FC 641 (CanLII): Derek acted on behalf of the Respondent First Nation and its council in defending against an application to declare an extension of council’s term and subsequent election null and void.
Inquest into the Deaths of Seven First Nations Youth: Derek appeared on behalf of an Intervenor tribal council to assist in determining the cause of death of a community student and in developing strategies and funding opportunities to prevent future deaths of First Nations youth attending school in Thunder Bay.
Gagnon v. Bell, 2016 FC 1222 (CanLII): Derek acted on behalf of the Respondent First Nation and its council in defending against an application to overturn the results of an election.
Real Estate:
Fors v. Overacker & Mallon, 2014 ONSC 3084 (CanLII): Derek acted on behalf of the Plaintiff in a successful claim against the sellers of a home who failed to properly disclose significant water, leakage and septic issues to the buyers.
