photo of Wade Poziomka

How Wade Poziomka is Evening the Playing Field

  • August 28, 2024
  • Michael Speers

When Wade Poziomka was looking to begin his legal career after graduating from the University of Toronto, he set out to find a place where he could make a difference.

“That’s what I thought a lawyer was,” Poziomka says. “I know people have different conceptions of what a lawyer is. I always thought it would be kind of fighting for the underdog and helping people.”

His journey took him to Switzerland where he interned at the International Labour Organization. Then to Argentina, where he took part in a human rights fact-finding mission. After a stint working with Justice Robert Sharpe at the Ontario Court of Appeal, he joined Hamilton’s Ross & McBride in 2010 as an employment lawyer.

Since then, he’s been focused on doing what he can to ensure the voices of the marginalized are being heard. It’s a true passion.

“I think it's taking an underdog like David and Goliath; representing someone who might not have the same resources as a Bay Strephoto of Wade Poziomkaet firm who might be acting for an employer against someone who really has experienced hardship,” he says about his work, which tackles human rights cases, as well as labour and employment areas. “So, disability related or sexual orientation, or something of that nature. And they're kind of outgunned by a larger firm. And you know an employer has a lot of money, so you’re trying to even that playing field. That's kind of the dynamic I like.”

His willingness to take on those fights – with the odds so often stacked against him – has earned him a sterling reputation and the respect of clients, community members, and leading lawyers in his field whose ranks he has joined.

“Wade is a great human rights lawyer because he fights on issues of principle for marginalized groups who may not have public support,” says Sujit Choudhry, head of chambers at Hāki Chambers. “That is exactly what human rights law should be.”

A former chair of the Ontario Bar Association’s Constitutional, Civil Liberties and Human Rights Section, Poziomka currently sits on the executive of the Canadian Bar Association’s Constitutional and Human Rights Section as vice-chair.

When he talks about “David and Goliath”, it’s not an understatement. He’s taken on some major foes and represented some true underdogs.

In 2020, he argued an injunction that prevented the City of Hamilton from dismantling a large encampment. The result was a much-needed pause on the evictions, and, finally, an agreed-to protocol for when and how the city should remove someone who might be living rough. This was subsequently set aside, but, undeterred, Poziomka is once again in litigation on the matter.

“Human rights goes right to someone’s ability to be who they are. So, I think fighting for those types of things is basically saying to someone, you have a right to exist and I’m here to help you.”

Poziomka also represented MP Matthew Green in an alleged racial profiling stop in Hamilton back when Green was a city councillor. That case is now at the Human Rights Tribunal of Ontario.

He has also acted for Pride Hamilton against the Hamilton Police and City of Hamilton, argued the Hawkes decision at the Divisional Court that opened the door for Ontario employees working for large multinational companies (but who have Ontario based payroll below 2.5 million) to be entitled to severance pay, and represented MPP Sarah Jama in judicially reviewing the Ontario Legislature’s decision to censure her and remove her right to speak in the House.

“In human rights law, you really have an opportunity to make a difference for somebody on an issue that's really important to who they are,” Poziomka says. “Human rights goes right to someone’s ability to be who they are. So, I think fighting for those types of things is basically saying to someone, you have a right to exist and I’m here to help you.”

It’s not the kind of work many lawyers are looking to do. It’s hard, but also very rewarding. Poziomka tells new associate lawyers that they’re going to lose about 90 percent of the time. But the wins make a real difference.

“I don't want to say the deck is stacked against us, or something like that. But I think any social change, whether it's in law or advocacy or in the labour movement, it’s usually incremental and takes time,” he says. “There's a lot of resistance to that change. But when it happens, it happens, and I think that's what kind of motivates you.”

And Poziomka says there’s a real need for lawyers to help with this change. And a real opportunity for lawyers to find a rewarding path.

“I’ll go to Brock (University) and talk to their undergrad class, or McMaster and different law schools around the province, and everyone says there's are too many lawyers. Well, maybe of a certain kind. But there's such a need for human rights lawyers. There's so much work that can't possibly be done by what we have now.”

If you’re interested in helping deliver vital legal advice to low-income Ontarians, consider joining the OBA’s Pro Bono Regional Challenge. As a participant, you can make a meaningful impact while making your region proud.

About the author

Michael Speers is OBA's media & communications specialist.