Labour and employment in Canada

Borden Ladner Gervais LLP is a well-established leading force in the labour and employment law market, with it fielding a sizeable team that handles the full gamut of matters. One area in which it particularly stands out is in its advice to public and private sector clients on collective bargaining. In addition, the group works with other departments to assist with pensions and benefits issues, as well as immigration matters. On the contentious side, the firm is prominent in disputes ranging from wrongful dismissal claims to employment suspensions. The team is notably active in the retail sector, as was recently evidenced by Matthew Certosimo acting for Loblaws in a judicial review of an arbitral reward. André Royer leads the national practice group from the Montréal office, which is also home to labour relations expert Robert Bonhomme. Danny Kaufer frequently acts for clients in high-profile certification matters. Another name to note is Maryse Tremblay, who has experience of acting for federally-regulated employers. Katherine Poirier has niche expertise in industrial accidents and occupational illness cases, as well as occupational health and safety. In Toronto, Clifford Hart has been particularly busy in some of the practice’s foremost cases. Marie-Pier Emery in Montréal is a standout lawyer at associate level.

Fasken's federal labour and employment practice distinguishes itself acting for leading national employers in change management scenarios, such as reorganisations and privatisations. One of the firm's key clients is Air Canada, for whom Karen Sargeant in Toronto is one of the lead advisers; her work covers the full scope of labour and employment matters, with 2020 and 2021 being dominated by issues relating to Covid-19, such as layoffs and subsequent recalls. Sargeant co-heads the practice with Montréal-based partner Stéphane Fillion and David Wong in Vancouver. Also based in Vancouver is David McDonald, who is recommended for advice on labour relations and collective bargaining. Another key figure is counsel Douglas Gilbert who, along with Sargeant and Fillion, leads the firm’s advice to US corporates on their human resources strategies in Canada. Counsel Brian Burkett is also a key contact. Magali Cournoyer-Proulx and Christopher Pigott are among a group of partners representing the future of the practice.

Norton Rose Fulbright's footprint in Canada is reflected by the fact that it acts for public and private companies on labour and employment matters at both provincial and federal level. The workload covers a myriad of areas, including matters arising from M&A, restructurings and outsourcings. In addition, the firm has a notable strength in collective bargaining, as was evidenced when global practice head Richard Charney acted for Aurora Cannabis Enterprises on an application to the Agriculture, Food and Rule Affairs Appeal Tribunal by the United Food and Commercial Workers’ International Union under the Agricultural Employees Protection Act 2002. Employment disputes are another forté of the practice; John Mastoras in Toronto is a name to note in this space. Luc Beaulieu and François Côté in Montréal are other key contacts at the firm. Also recommended is Lindsay Mullen in Calgary, who frequently acts for clients in heavily regulated industries.

Bennett Jones LLP's employment team provides a comprehensive service to clients from the firm's offices in Toronto, Calgary and Edmonton. Its work ranges in scope from advice on standalone employment issues to corporate support. Clients include Telus, Canada Utilities and Riverstone Holdings. One of the key contacts at the firm is John Gilmore in Calgary, who advises clients on employment contracts and collective agreements, as well as employee terminations and downsizing. Another key figure is Carl Cunningham in Toronto, who frequently acts for federally and provincially-regulated employers. Also based in Toronto is Susan Seller, who is the go-to pensions and benefits expert. Christine Plante joined the Calgary office in September 2020 from Canadian Pacific Railway Company.

Dentons undertakes a mix of contentious and non-contentious work for clients in the public sector, as well as those operating in industries such as health services, entertainment, manufacturing and professional services. National practice head Christian Létourneau, who is based in Montréal, has in-depth expertise in psychological harassment cases. In Toronto, Andy Pushalik advises clients on a wide range of sensitive HR issues, such as those arising from corporate restructurings, as well as harassment complaints and workplace investigations. April Kosten in Calgary is another up-and-coming lawyer to note. Eleni Kassaris in Vancouver acts for clients in both an advisory capacity and as litigation counsel in relation to workplace disputes.

Lawson Lundell LLP has one of the leading employment and labour practices in British Columbia. Its team is adept at handling a full range of contentious and non-contentious matters at both a provincial and federal level; areas of expertise include collective bargaining and labour relations, employment equity, occupational health and safety, wrongful dismissals and discrimination complaints. Department head Robert Sider QC advises on day-to-day labour and employment issues, as well as the employment aspects of commercial transactions. Nicole Skuggedal is experienced in representing clients at all court levels in Canada, as well as advising on M&A-related employment issues. Deborah Cushing has a broad practice that includes labour relations and human rights issues, while Ryan Berger focuses on employment litigation.

‘Offering prompt, practical, business-focused advice,‘ McCarthy Tétrault‘s labour and employment group advises on a range of advisory matters, as well as frequently representing its clients in disputes across the provinces and at national level. The Montréal office saw two partner additions in November 2020, with Alexandre Buswell and Myriane Le François joining from Borden Ladner Gervais LLP. They join key litigator André Baril in Quebec. In Toronto, Trevor Lawson and Kate McNeill-Keller are praised for their ‘precise, on-point, practical advice‘. National practice head Tim Lawson has particular knowledge of the energy, financial services, transportation, retail and construction sectors. Shana Wolch is the lead partner in Calgary; her practice encompassing all areas of HR law. Donovan Plomp in Vancouver is recommended for his ‘prompt, practical, business-focused advice.‘

Blake, Cassels & Graydon LLP's employment and labour practice provides support to the corporate and M&A department on all workforce-related aspects of transactions, in addition to providing ongoing advice to clients on a standalone basis. Its roster of clients includes names such as Wells Fargo, Suncor Energy and Westjet Airlines. Andrea York, who heads up the group from the firm's Toronto office, has 20 years of experience in all areas of employment and privacy law. Holly Reid is another Toronto-based employment specialist to note. Birch Miller is the name to note in Calgary.

Gowling WLG's team provides employment law advice to a number of multinational corporates with operations in Canada, including Burberry and Starbucks. In addition to providing M&A and general advisory support, the group is also active in employment litigation. Andrew Bratt leads the national practice from the firm's Toronto office, while a number of the team's practitioners are based at its office in Kitchener, including employment and privacy law expert Bettina Burgess. Up-and-coming partner Khiam Nong often assists clients with issues relating to employee misconduct, workplace bullying and sexual harassment. Josée Gervais in Montréal and Maxwell Brunette (whose practice is split between Vancouver and Calgary) are other names to note.

Torys' team is experienced in acting for clients in employment litigation and investigations, as well as in an advisory and transactional capacity. Practice head Lisa Talbot has broad experience advising management and boards of directors on employment strategy and contentious workplace matters. She has notable expertise in defending workplace harassment claims and has been instrumental in growing the firm's employment class actions defence practice. Mitch Frazer chairs the wider employment and pensions group. Darryl Hiscocks and Jennifer Lennon are other key contacts in the team.