Philip practices in the areas of professional regulation and labour law, primarily providing advocacy for health care professionals in grievance arbitrations and at professional Colleges. He also represents employees in investigations, quasi-criminal regulatory proceedings and at Coroners' Inquests. Philip is also the Co-managing Partner at Cavalluzzo.
In 2004, Philip graduated from the University of Toronto with a combined J.D. and M.A. in International Relations. He articled at Cavalluzzo, and then returned to practice labour arbitration, professional regulation and criminal defence work, providing representation for union members in a variety of proceedings. After living in Ireland for a few years, Philip returned to Cavalluzzo. He continues to represent both individuals and unions in diverse fora including the Labour Board, grievance arbitration, professional Colleges, Coroner's Inquests, and at all levels of courts in Ontario.
- Successfully limited the application of a regulation which displaced collective agreement provisions, and permitted redeployment of staff, and other measures, in the context of the pandemic in Ontario Nurses’ Association v Corporation of the County of Essex (Sun Parlour Home for Senior Citizens), 2020 CanLII 93596 (ON LA).
- Obtained sweeping orders in relation to health and safety, and infection control practices relating to COVID-19, for approximately 200 homes represented by ONA in Participating Nursing Homes v Ontario Nurses’ Association, 2020 CanLII 32055 (ON LA).
A team of Cavalluzzo lawyers obtained an interlocutory injunction on behalf of ONA requiring four long-term care facilities to comply with government Directives, and specifically provide access to N95 respirators, during the COVID-19 pandemic. A copy of the Judgment of E.M. Morgan J. dated April 22, 2020 can be found here.
In St. Michael's Hospital v. Ontario Nurses' Association CANLII 82519, for the second time in Ontario, ONA persuaded an arbitrator that a hospital policy requiring nurses who had not received the seasonal influenza vaccine to wear a surgical or procedural mask for the majority of the flu season was unreasonable. The decision relied in large part on the expert evidence called by ONA, and cross-examinations of the Hospital experts.
- In Humber River Hospital v Ontario Nurses’ Association, 2017 CanLII 58708 (ON LA) and Humber River Hospital v Ontario Nurses’ Association, 2017 CanLII 83072 (ON LA) successfully overturned the termination of a nurse, and obtained a substantial amount of damages in lieu of reinstatement, without deductions for mitigation.
- Persuaded the arbitrator that the union's interpretation of a collective agreement amendment was correct Mount Sinai Hospital v Ontario Nurses’ Association, 2017 CanLII 85651 (ON LA) .
- Represented ONA in a Coroner's Inquest into the death of a patient who was restrained in a psychiatric facility, and persuaded the jury to make recommendations for staff training and education: Inquest into the death of: Nokolaos Mpelos (Oct. 16 - Nov. 7, 2017).
- Sault Ste. Marie Area Hospital and Ontario Nurses' Association, 2015 CanLII 55643 (ON LA): With Kate Hughes, overturned an unreasonable Hospital policy which required nurses to wear a surgical mask for the duration of the influenza season if they had not received the influenza vaccination.
- Inquest Into the Death of Jeffrey Baldwin, 2013: With Freya Kristjanson, represented the surviving siblings of Jeffrey Baldwin in Inquest addressing child welfare in Ontario.
- As part of a team of Cavalluzzo lawyers acting for two public complainants and the CCLA, obtained a finding of misconduct against Supt. Fenton in relation to mass arrests he ordered during the G20 held in Toronto in 2010, and successfully argued for an increased penalty on appeal to the Ontario Civilian Police Commission (Fenton, Supt. Mark v. Toronto Police Service, 2017 ONCPC 15 (CanLII)).
- Ontario College of Teachers v. William Fabel, 2005 – 2008: With David Bloom, successfully defended licence of teacher accused of multiple allegations of professional misconduct.
- Inquest Into the Deaths of Pedro Lopez and Ezelldine El-Roubie ("Casa Verde" Inquest), 2005: With Kate Hughes, represented the Ontario Nurses' Association as a party with public interest standing in Inquest addressing behavioural issues and resident safety in Long-Term Care facilities.