Jason Huang-Kung

 

Jason heads the Labour & Employment and Construction Law practice at Kung, Lo & Jia LLP. 

Jason primarily represents employees and trade unions in matters before all levels of court in Ontario and before administrative tribunals and arbitrators. Jason also represents parties in construction disputes.

Jason also practices in corporate law, assisting his clients in creating, managing, buying, selling businesses. He acts as corporate counsel for many corporations providing ongoing advice and legal support for their operations. 

Jason spent his first year of law school at the University of Windsor’s Faculty of Law, a law school focused on access to justice issues faced by Canadians. Jason subsequently transferred to Osgoode Hall Law School to complete his legal studies.

Jason participated in the Poverty Law Intensive Program in the Workers’ Rights Division at Parkdale Community Legal Services at Osgoode Hall. At Parkdale, Jason represented employees on a wide range of matters involving their employment at the Ontario Labour Relations Board, Human Rights Tribunal of Ontario and the Small Claims Court. Jason was also involved in the unionization of Parkdale’s summer case workers.

After graduating law school, Jason articled at one of Canada’s largest private sector unions. After being called to the Bar, Jason worked as an Associate at labour law firm where he represented trade unions on a wide range of labour relations matters.

Jason practiced as a sole practitioner of Kung Law before becoming one of the founding partners of Kung, Lo & Jia LLP.

Activities & Affiliations

  • Law Society of Ontario
  • Canadian/Ontario Bar Association
  • Federation of Asian Canadian Lawyer
  • Former Chair of the Board of Directors for the Chinese and Southeast Asian Legal Clinic
  • Founding Board Member of the Employment Lawyers’ Association of Ontario

Recent Decisions

Alphyn Homes Inc. v Tiltack et al., 2024 ONSC 1917:

  • Succeeded defending a motion to strike the claim against corporate defendant where the court found the motion to be a needless and purely tactical. 

Lalata v 1130460 Ontario Inc. o/a Carstar Downsview (2024):

  • Succeeded at trial in wrongful dismissal case for an award of unpaid wages, pay in lieu of notice, and moral damages. 

Zhu v Pang, 2023 ONSC 6845: 

  • Succeeded in defending media defendant against defamation claim by having the claim dismissed as a strategic lawsuit against public participation (“SLAPP”). 

Linton v Slofac Inc., 2023 HRTO 322:

  • Succeeded in defending human rights application alleging reprisal and discrimination by association. 

DL and ZL v Toronto Fresh Foods (2022):

  • Succeeded in two Employment Standards Claims against an employer for significant amounts of unpaid overtime premium pay. 

De Leon v Canadian Union of Public Employees, 2022 CanLII 9076 (ON LRB):

  • Succeeded in Duty of Fair Representation Complaint against a union who did not consider the dismissal of a long-term bargaining unit member.

De Leon v Canadian Union of Public Employees, 2021 CanLII 98045 (ON LRB):

  • Succeeded in defending Duty of Fair Representation Complaint against preliminary objection for dismissal without a hearing.

ADLC v 2650209 Ontario Incorporated operating as Nozomi (2021)

  • Succeeded in an Employment Standards Claim against employer for unpaid wages where employee was also a partner of the business.

Carol Moore v Toronto Civic Employees Union (TCEU) CUPE Local 416, 2021 CanLII 18125 (ON LRB):

  • Succeeded in defending Duty of Fair Representation Complaint against preliminary objections for dismissal without a full hearing.

MM v Cellworks Communication East Inc. (2020)

  • Succeeded in an Employment Standards Claim against employer for terminating employee for simply inquiring about wage discrepancies.

Tucker v Loss Prevention Services Ltd., 2020 CanLII 86678 (ON LRB) (Rogers):

  • Succeeded in an Occupational Health and Safety Reprisal matter where an employee was found to have been penalized for, among other things, distributing personal protective equipment to the workers he supervised.

BH v Eventing Canada (2020)

  • Succeeded in an Employment Standards Claim against an employer for reprising against employees for inquiring about taking Canada Day off.

Canadian Union of Skilled Workers v Hydro One Inc, 2020 CanLII 11613 (ON LRB)

  • Assisted senior counsel in defending seniority rights of bargaining unit members.

Amalgamated Transit Union, Local 113 v Toronto Transit Commission (Customer Service Agent Interest Arbitration), (unreported) (Davie):

  • Assisted senior counsel in achieving significant improvements to the terms and conditions of employment for a new classification in the bargaining unit.

Amalgamated Transit Union, Local 616 v Transit Windsor (New Classification Wage Rate), 2019 CanLII 18268 (Kaplan):

  • Achieved highest wage rate in the bargaining unit for a new classification.

Amalgamated Transit Union, Local 113 v Toronto Transit Commission (2018 Interest Arbitration), 2018 CanLII 99135 (Kaplan):

  • Assisted senior counsel in achieving normative wage increases and maintaining significant contracting out protection while also defending the union against regressive employer proposals such as introducing part-time employees in the bargaining unit.

Labourers’ International Union of North America, Ontario Provincial District Council and its affiliated Local 493 v Stuart Olson Industrial Constructors Inc, 2018 CanLII 73568 (ON LRB):

  • Assisted senior counsel in successfully defending trade union’s work jurisdiction.

Amalgamated Transit Union, Local 113 v Toronto Transit Commission (Arbitrator Appointment Process), 2018 CanLII 91225 (Stout & Goodfellow):

  • Assisted senior counsel in an interpretation of how the arbitration procedure in the collective agreement works.

Kirkland Lake Power Corp v United Steelworkers, Local 2020, 2017 CanLII 83821 (Goodfellow):

  • Succeeded in argument for an item-by-item comparison where the employer unilaterally changed the benefits plan.