Christopher McClelland is a Partner at Blaney McMurtry and a member of the Employment and Labour Group. His practice includes labour, employment and human rights law. Christopher has been involved in matters before the Superior Court of Justice, the Divisional Court, the Labour Relations Board and the Human Rights Tribunal.
Christopher obtained his LL.B. from the University of Victoria. Prior to attending law school, he received a Bachelor of Arts Degree in Philosophy and Bachelor of Commerce Degree in International Business at the University of Calgary. While at law school, Christopher spent semesters working at the Ontario Securities Commission in Toronto, the Canadian Radio-Television and Telecommunications Commission in Gatineau, Quebec, and with the Robert Pickton defence team in New Westminster, British Columbia.
Christopher articled with Blaney McMurtry in 2007-2008 and returned to the firm after his call to the Bar in 2008.
A Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy What's New In: Privacy Law and Employment Standards [Powerpoint Presentation] Drawing the Circle Around ESA Termination Clauses more
• A Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy
Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if they are found to be directly or indirectly responsible for privacy breaches.
What's New In: Privacy Law and Employment Standards [Powerpoint Presentation]
Powerpoint slides from Christopher McClelland's presentation entitled, What's New In: Privacy Law and Employment Standards, as part of the Employment & Labour Group 's seminar, entitled You Asked... We Answered! , which took place November 1, 2013.
Drawing the Circle Around ESA Termination Clauses
Employees may have a further basis upon which to challenge termination clauses in their employment contracts following a pair of recent Ontario Superior Court decisions. Ironically, the source of the challenge in these cases was the use of inexact catch-all language purporting to clarify an employee's entitlement on termination. The two highlighted cases point to the importance of using precise language to ensure termination clauses do not run afoul of the Employment Standards Act, 2000 (the ESA).
An Update on the Overtime Class Action Cases
Three recent decisions have provided some clarification on the issue of class actions by employees for unpaid overtime. On June 26, 2012, the Court of Appeal for Ontario issued its decision in the cases of Fulawka v. The Bank of Nova Scotia, Fresco v. Canadian Imperial Bank of Commerce and McCracken v. Canadian National Railway Company. Each case dealt with the preliminary question of whether the action should be certified as a class proceeding.
Reasonable Notice Period: 24 Months; Damages: $0?
Two recent cases demonstrate the aggressive approach Ontario courts are taking to employees who turn down offers to mitigate their damages for wrongful dismissal by returning to work for the dismissing employer. Both cases involve claims for damages by long-service employees. Given their long tenures, the claims for damages were significant. In each case, however, the employee ended up receiving no damages and faced a significant costs award.
A New Price Tag on Privacy? Ontario Court of Appeal Recognizes Tort of Intrusion Upon Seclusion
Last week Ontario's Court of Appeal recognized for the first time the right of an individual to sue for breach of privacy. The new common law tort is called intrusion upon seclusion, and its purpose is to provide a remedy for invasions of personal privacy.
Restructuring and Constructive Dismissal