Barbra H. Miller

Partner
  • Admitted to the Ontario Bar: 1988
  • Admitted to the Alberta Bar: 1986

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  • Bio
  • Awards & Recognition
  • Professional Involvement
  • Representative Matters
  • Selected Speaking Engagements
  • Selected Publications
  • Education

Barbra’s success as a civil litigator is founded on exhaustive preparation and strong communication skills. She employs creative thinking and persuasive reasoning to effectively and vigorously advocate for all her clients.

Barbra is a member of the firm's Litigation Group, Workplace Law Group and Construction Law Group. Her commercial litigation practice is wide-ranging. She works on contractual disputes, construction disputes, shareholder disputes, partnership disputes, construction lien and surety claims, employer/employee relations, product liability claims, commercial lease enforcement, debt enforcement, as well as litigation relating to municipal, real estate and securities disputes. Barbra has appeared before all levels of court, including the Supreme Court of Canada, as well as various boards and tribunals.

Barbra has represented a variety of clients in the construction and development sectors. She has strong expertise in construction issues related to P3 projects in which she has represented the Ministry of Transportation, Infrastructure Ontario, as well as various hospitals.

Barbra has specific expertise in the area of employment and labour and provides advice to a variety of industries. She represents many employer clients in connection with, among other things, human rights, employment standards, wrongful dismissal, employment agreements, confidentiality issues, enforceability of restrictive covenants, acquisitions, divestitures and restructurings, as well as certifications, grievances and applications respecting violations of labour standards.

Awards & Recognition

  • Recognized in The Best Lawyers in Canada in Construction Law

Professional Involvement

Community Involvement

  • Member, Board of Directors, Victim Services Toronto

Memberships

  • American Association for Justice
  • Law Society of Alberta
  • Law Society of the Northwest Territories, Restricted Appearance Certificate
  • The Advocates’ Society
  • Canadian Bar Association
  • Ontario Bar Association

Representative Matters

Represented Wynnchurch Capital, L.P. as Canadian counsel in connection with its majority ownership acquisition of FloWorks International, LLC.

Advised Origin, an outdoor-focused, digitally driven creative, content and branding agency, in connection with its acquisition by MMGY Global, a leading travel and hospitality marketing firm.

Advised The Green Organic Dutchman Holdings Ltd. (CSE: TGOD), a sustainable Canadian cannabis company and producer of premium, organically grown cannabis, in completing the acquisition of BZAM Holdings Inc., a privately-owned producer of flower and 2.0 products.

Represented the special committee of Booth Centennial Healthcare Linen Services’ board of directors in connection with the sale of all or substantially all of its assets to Ecotex Service Corporation in partnership with Fengate Capital Management.

Acted for EHG in connection with the acquisition (and related European and local financing) of Roadtrek. Aird & Berlis LLP acted as Canadian counsel.

Acted as Canadian counsel to C.R. Laurence Co. Inc., a leading global manufacturer and distributor of architectural glass based in Los Angeles, in connection with its sale to Oldcastle Building Envelope for US$1.3 billion.

Acted as counsel to lnStore Focus Inc. (a Slaight Communications Inc. company) in a multi-party age discrimination case before the Ontario Human Rights Tribunal which attracted media attention.

Advised family owners of a large telecommunications company on labour and employment matters in connection with the completion of a $160 million indirect sale of their business through an auction process.

Advised Prospect Street Capital, a large, New York-based private equity firm with investments throughout the world (primarily the Americas) on employment and benefits matters in connection with the acquisition of MITY Enterprises, Inc., a market-leading provider of multipurpose room furniture and specialty healthcare seating for about $43 million.

Advised Effiage Travaux Publics S.A.S., a French public company, on employment matters in connection with an acquisition in the construction industry.

Advised Canada's largest off-airport and only national car park company, Park'N Fly, on employment and benefit matters in connection with the sale of its parking business assets, including all real estate used in connection with the business located in Montreal, Ottawa, Toronto, Edmonton and Vancouver, along with goodwill and other operating assets, to a joint venture led by Cheung Kong Infrastructure Holdings Limited and Cheung Kong (Holdings) Limited, both companies whose shares are traded on the stock exchange of Hong Kong, each owning a 50% interest.

Advised Mr. X Inc., a digital studio specializing in feature film animation and visual effects, on employment matters in connection with the sale of its business to a Canadian subsidiary of Technicolor S.A., a worldwide media and entertainment technology leader.

Advised the Sitecore group of companies, global leaders in customer experience management software, on employment matters in connection with their acquisition of the CommerceServer.net business, a former Microsoft product line, from SMITH.

Acted as counsel to Communication Teliphone Navigata-Westel Inc., an affiliate of Teliphone Corp. - a multi-jurisdictional local digital telecommunications company carrying on business in 47 countries, in various complaints before the Canada Labour Relations Board.

Advised Ralcorp Holdings, Inc., a leading U.S. manufacturer and supplier of private label food products, on employment and pension matters in connection with four unrelated acquisitions in Canada.

Advised Nucap Industries Inc. on employment matters in connection with its acquisition of U.S.-based Anstro Manufacturing, Inc. and Eyelet Tech Inc., Canadian-based Gunn Metal Stampings Inc. and China-based QVC.

Advised Catalyst Fund Limited Partnership II on employment matters in connection with a transaction involving the acquisition of approximately $20 million of all operating assets of Hemosol to a company controlled by Catalyst.

Selected Speaking Engagements

“Frustration of Contract in a COVID-19 World: Safeguarding Your Business,” Aird & Berlis Webinar, November 25, 2020.

“Go Beyond Mental Health Resources: Strategies to Drive Employee Well-Being and Performance,” in conjunction with BeWorks Inc., June 23, 2020.

“Letting the Smoke Clear on Recreational Marijuana: Where Liability Has Landed for Municipalities Post Legalization,” 26th Annual Conference on Provincial/Municipal Government Liability, June 2 and 3, 2020.

“Edibles, Extracts & Topicals, Oh My! The New Cannabis Regulations & How They Will Impact Your Practice,"  Toronto Lawyers Association, December 17, 2019.

“#Me Too and the Law,” Masters Association of Ontario Conference, September 25, 2019.

Selected Publications

“Behaviour Issues in the Workplace: The Investigation,” Aird & Berlis LLP Labour & Employment Law Bulletin, March 2015.

“Employment Issues in Canada/US Cross Border Transactions,” ALM Labor & Employment Supplement, Co-Author with Eldon Bennett and Christopher Lloyd, May 2010.

“Workplace Violence and Workplace Harassment: New Statutory Obligations for Employers,” Aird & Berlis LLP Labour & Employment Bulletin, February 2010.

Education

  • LLB, University of Alberta, 1985
  • B.Ed., University of Alberta, 1979