Conducting appeals and judicial reviews is a specialized form of practice that requires strong skills in drafting persuasive written arguments and delivering oral advocacy in the courts. Fay has extensive experience in written advocacy and has argued many precedent setting appeals at the Supreme Court of Canada and Ontario Court of Appeal and judicial reviews at the Ontario Divisional Court and in the Federal Courts. She represents clients in appeals and judicial reviews in areas of constitutional law, human rights, labour and employment law, pay equity, civil law, administrative law, and public law.
Charter of Rights / Constitutional law
Fay has particular expertise in constitutional litigation to protect fundamental rights under the Canadian Charter of Rights and Freedoms, including rights to equality, freedom of association, freedom of expression, and rights to life, liberty and security of the person. She has argued many leading Charter cases at the Supreme Court of Canada and Ontario Court of Appeal. She provides legal opinions that help clients identify if Charter rights may be violated; develops litigation strategy; and represents clients in cases raising constitutional issues before administrative tribunals and all levels of court.
Fay provides advice and represents clients at tribunals and in courts to protect human rights in the workplace and in communities. She has particular experience in large-scale innovative litigation that challenges intersecting dynamics of discrimination and the systemic roots of social and economic marginalization. She has represented clients on issues including gender and work, racial discrimination, pay equity, employment equity, poverty, rights of transnational migrant workers, LGBTQ rights, rights of Indigenous communities, economic and social rights, and international human rights norms.
Fay represents unions, community groups and coalitions who intervene in human rights, Charter of Rights, and public interest cases in tribunals and courts, including the Supreme Court of Canada. Interveners’ right to make written or oral argument is very limited. So, representing interveners requires the ability to identify strategic points for maximum impact; to communicate clearly and concisely; and to read courtroom dynamics in order to deliver arguments that help the court. Fay is very experienced representing interveners and works collaboratively with parties to develop effective litigation strategies.
Litigation Strategy & Co-Counsel Work
Because of her experience and expertise in Charter of Rights, human rights and public interest litigation, Fay is retained by law firms and lawyers across the country to provide legal opinions and strategic advice at all stages of litigation. She helps lawyers from the earliest stages of conceptualizing and planning litigation, to drafting originating processes, to considering appropriate evidence, to framing legal arguments and to developing oral arguments. Fay also provides co-counsel services both in preparing written arguments and making oral argument before tribunals and courts. Referrals are respected.
Fay represents unions, community groups and individuals in pay equity negotiations and litigation. She helps private, public and broader public sector unions with pay equity training, job evaluation, gender neutral comparison systems, developing pay equity plans, pay equity maintenance, proxy pay equity, collective agreement language and pay equity implications in collective bargaining, and litigation, including before the Supreme Court of Canada. Fay is co-chair of the Equal Pay Coalition and engages in organizing, policy analysis and law reform to close the gender pay gap and promote pay transparency.
Public Interest Law
Fay works with unions, community groups and social justice movements to promote social and economic justice and accountable democracy through community organizing, law reform, and public interest litigation. Fay provides analysis on law reform and public policy developments. She advises and represents clients in the legislative process, including drafting submissions, appearing before committees, and preparing draft legislation. She provides analysis to task forces, commissions and inquiries, and prepares submissions to UN and ILO bodies on obligations under international human rights instruments.