An Interview with Labour and Employment Lawyer Stephen Gleave

Stephen Gleave

With more than thirty years of experience, Canadian labour lawyer Stephen Gleave has seen his fair share of legal seasons come and go. He has participated in over 300 labor and commercial arbitrations, more than 50 trials, and 50 labor and injunctive cases. A former lead lawyer at Hicks Morley, Mr. Gleave is now a partner at DLA Piper LLP. He is regularly recognized for his expertise in employment law, which he has expanded to include media device forensic examination.

Outside of the legal profession, Mr. Gleave owns and operates a farm in Ancaster, Ontario, where he raises cattle and enjoys being outdoors and engaging in activities like flyfishing and jogging.

We recently caught up with Mr. Gleave to ask him a few questions about his life and career in 2024.

Q.It’s clear that respect for nature is a very important part of your mindset and way of living. Can you tell us about that?

STEPHEN GLEAVE: Since early childhood, I have been passionate about the natural world and this interest has only grown since then. As I began to realize what a profound impact nature and just being outdoors had on my well-being and quality of life, the idea of building a life on a farm began to take hold. It went from simple gratitude for the gifts nature bestows to a very tangible dream come true for me.

Q.How did becoming a farmer compare to becoming a lawyer?

STEPHEN GLEAVE: Farming practices and practicing the law have some clear similarities. Attention to detail is an obvious one. It’s imperative to know the finer points of the law, and there’s no end to the finer details in nature. More subtly I suppose, there is justice in nature. There’s a balance and an economy in how nature goes about its business. The same is intended in law, despite the verbosity at times – everything is meant to be there in exactly the right amounts.

Q.Does spending time outdoors play a role in influencing your effectiveness as a lawyer?

STEPHEN GLEAVE: Certainly, in the sense that nature is a sanctuary through which my well-being is sustained through the pressures and demands of the practice. I’m able to rejuvenate and regain a sense of mental and emotional serenity. When I’m starting a new day, I’m ready to face new challenges when I return to the office or the courtroom. It makes me feel energized and creative.

Q.You have talked about your love of Ancaster and the Bruce Trail. What is the attraction?

STEPHEN GLEAVE: For me, it’s the comfort of home. The Golden Horseshoe region is heavily populated but at the same time, it’s full of natural wonders, especially around Ancaster. There are lots of waterfalls right in our backyard around here. There’s Sherman Falls, surrounding by an idyllic forest setting. There is the Dundas Valley Conservation Area, that’s truly an oasis. There are many others. There are rare Carolinean forests with trees that are not found elsewhere in Canada. We have an incredible natural heritage to protect and we’re working toward that.

Q.You have been praised for your knowledge of labour and employment issues in the law. Can you share the secret to your success at building a successful career in this difficult specialty?

STEPHEN GLEAVE: I believe that resolving employment disputes should be undertaken through a flexible approach based on legal understanding, skillful negotiation, and consideration of the ever-changing employer-employee relationship. I analyze each case thoroughly, noting not only legal precedents but also the unique details of each specific situation. To ensure constructive communication between parties from the very beginning, I start by putting an emphasis on openness and finding angles where a solution might be found. This accelerates conflict resolution and reduces stress for everyone involved.

Q.Your work involves arbitration as well, where you have over 300 cases of labour and commercial arbitration to your name. Can you provide some information about the intricacies of arbitration and how it contrasts with conventional litigation?

STEPHEN GLEAVE: There are quintessential differences between arbitration and litigation. With arbitration, we have a set of benchmarks for alternative dispute resolution. As opposed to litigation, arbitration provides a platform that offers more privacy and flexibility. The court system can be quite cumbersome and an appeal process can drag things out when both parties are willing to explore a more expedited resolution. That’s the foundation of the process. On the other hand, the arbitrator’s decision stands, allowing for swifter resolutions. A successful arbitrator must be able to fully comprehend both positions and then frame a well-reasoned argument within the framework of arbitration proceedings.

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