D. Stephen Jovanovic

Bachelor of Laws: Osgoode Hall Law School
Bachelor of Arts: University of Windsor

2024-present: Adjudicator for the Ontario Police Arbitration and Adjudication Commission
Responsible for conducting appeals and hearings of police disciplinary matters pursuant to the Community Safety and Policing Act, 2019.

2014-2021: Member and Associate Chair of the Ontario Civilian Police Commission
The Associate Chair was responsible for the administration of the Police Services Act to all police services in Ontario including the Ontario Provincial Police. Duties included the adjudication of all Part V disciplinary proceedings, approval of all disbandment of police services applications and amalgamations, adjudication of s. 116 status disputes and all other matters assigned to the Commission by statute.

2018-2021: Member and Associate Chair of the Licence Appeal Tribunal
The Tribunal is comprised of two divisions. The Accident Benefits division is responsible for adjudicating all disputes for motor vehicle accident benefits pursuant to the Statutory Accident Benefits Schedule under the Insurance Act. The General Services division has jurisdiction to resolve and adjudicate disputes pursuant to approximately thirty different regulatory/licencing statutes including the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, the Consumer Protection Act, the Discriminatory Business Practices Act, the Horse Racing Licence Act, the Highway Traffic Act, the Liquor Licence Act, and the Real Estate and Business Brokers’ Act. The Associate Chair, in addition to having adjudicative duties was responsible for the management of all members and Vice-Chairs.

2018-2020: Member and Associate Chair of the Mining and Lands Tribunal
The Tribunal, through its predecessor, originated in 1906 for the purpose of resolving disputes as to private civil and property rights under the Mining Act. Over time additional powers and duties were assigned to the Tribunal under various provincial statutes including the Conservation Authorities Act, the Oil, Gas and Salt Resources Act, the Aggregate Resources Act, the Lakes and Rivers Improvement Act and the Assessment Act. The Associate Chair decided all applications under these statutes.

2018-2020: Member and Associate Chair of the Board of Negotiation
The Board derives its authority from the Expropriations Act with the responsibility to negotiate settlements of the compensation owing to owners of expropriated properties by the expropriating authorities. Included were compensation claims for business losses, market value of lands, damages for injurious affection, damages attributable to disturbance and for the loss of goodwill. The Associate Chair conducted the mediations and assigned other members of the Board to mediations.

2018-2021: Member and Vice-Chair of the Human Rights Tribunal of Ontario
The Tribunal has jurisdiction under the Human Rights Code to resolve, through mediation or hearing, applications alleging violations of the Code and where appropriate to assess damages for any violations. The Tribunal may also direct a party to take such action as the Tribunal decides is necessary to promote future compliance with the Code. Vice-Chairs are involved in all phases of the application process.

2006-2018: Member and designated Vice-Chair of the Health Professions Appeal and Review Board (HPARB) and the Health Services Appeal and Review Board (HSARB)
HPARB had the statutory jurisdiction to decide applications in three areas. First, it conducted reviews of decisions made by the Inquiries, Complaints and Reports Committees of all self-regulated health professions Colleges in Ontario. Second, it conducted reviews and hearings regarding orders made by the Registration Committees of the Colleges. Third, it conducted hearings arising from disputes over physicians’ hospital privileges as mandated by the Public Hospitals Act.

HSARB had the jurisdiction to conduct reviews or hold hearings with respect to decisions made by administrative bodies under twelve health care statutes. Principally it dealt with the following matters appeals of decisions made by OHIP respecting the eligibility for coverage or the payment of services, including out-of-country medical services under the Health Insurance Act; appeals of orders of Medical Officers of Health or public health inspectors under the Health Protection and Promotion Act and appeals of licensing decisions of the Director under the Independent Health Facilities Act.

Vice-Chairs are involved in all phases of the Boards’ adjudication process

1977-2016: Associate and Partner (1983) in Bartlet & Richardes LLP, Barristers and Solicitors
Over the course of almost 40 years at the firm, I practised primarily civil litigation, employment law and labour relations as well as administrative law before various boards and tribunals.

The labour relations practice included conducting collective bargaining negotiations for private sector and public sector employers, with in excess of 100 agreements reached with minimal work disruptions. Rights and interest arbitrations were a regular feature of the practice.

The civil litigation part of the practice included judicial reviews and appeals, hearing before various administrative tribunals, the defence of personal injury and insurance actions, construction/engineering matters and wrongful dismissal trials. Participation in alternative dispute resolution was a standard part of the practice.

ARBITRATION AND MEDIATION PHILOSOPHY
From 2006 when I was appointed to HPARB, my first position as an adjudicator, through to the completion of my term as the Associate Chair of the Ontario Civilian Police Commission, I conducted in excess of five hundred reviews, hearings and appeals. Reported decisions are available at CanLII.org. The goal was always to conduct the matters in an impartial, procedurally fair and expeditious manner with the timely release of decisions. The Commission was one of the first administrative tribunals to convert to electronic hearings and document filings, starting in April of 2020, having laid the groundwork for doing so pre-pandemic.

As the chief mediator for the Board of Negotiation, I was able to refine the skills necessary to assist parties in the resolution of complex expropriation issues with a success rate of approximately 75 % at the mediation. An additional 10-15% of applications that were before the Board settled subsequently without the expense of a formal hearing.

In labour relations matters, as counsel, I was an early proponent of combined mediation/arbitrations. Properly conducted before the right arbitrator, grievance disputes can be resolved without undue delays and without the animosity that is apposite to maintaining sound and harmonious labour relations.

Whether as an adjudicator or a mediator, I recognize that the interest of the parties in obtaining a prompt resolution of their dispute is paramount.

I look forward to resolving the disputes of your clients and bargaining unit members, whether in-person or virtually by Zoom. Please contact my office by email or telephone for the availability of dates.

FEE SUMMARY
Detailed Fee Sheet available on request

Labour Arbitrations

• First day, $2,500.00 including decision
• Subsequent days, $1,750.00. Additional decision writing time may be charged.
• Pre-arbitration motions and consultations, $750.00 per half day

Mediations

• Full Day $1,500.00
• Half days, $750.00
• Ontario Mandatory Mediation Program roster rates.

Expenses and HST not included in the above.