Clarence Bennett. Keeping your needs front and centre. Representative matters. Contact information

Transcription

1 Clarence Bennett I ve always believed that if you put in the work, the results will come. I don t do things half-heartedly because I know if I do, then I can expect half-hearted results. Keeping your needs front and centre Clarence works hard to anticipate his clients problems and develops plans to avoid them. An excellent listener, his clients appreciate that he is easily accessible, efficient, hard working, practical and responsive. He doesn t fight for the sake of fighting, but won t back down when a fight is necessary. Representative matters Clarence works with a broad variety of clients spanning industries such as manufacturing, trucking, construction and IT. Samples of his work include: Acting on behalf of a manufacturer of gaming machines against an oppression remedy claim by a former shareholder and employee. Defending various companies facing human rights complaints by employees claiming to have been discriminated against because of maternity leave issues, obesity, physical disability, mandatory retirement, sex, sexual orientation and religion. Acting for a former court clerk who challenged his dismissal and the law with respect to the standard of review and procedural fairness to the Supreme Court of Canada. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: cbennett@stewartmckelvey.com

2 Areas of practice Employment Law Labour and Employment Labour Relations Litigation Occupational Health and Safety Pensions & Employee Benefits Workers Compensation Workplace Human Rights Construction Law Trade-mark Education Osgoode Hall Law School, York University, LL.M., 2008 University of New Brunswick, LL.B., 2004 St. Thomas University, B.A. (honours), 2001 Bar admission(s) New Brunswick, 2005 Languages English Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, Canadian Association of Counsel to Employers Member, Human Resources Association of New Brunswick President, Board of Directors, Fredericton Non-Profit Housing Corporation Editor, Atlantic Employers Counsel, Stewart McKelvey Trade-mark agentt Lecturer, Employment Law, University of New Brunswick College of Extended Learning, Management Development Program,

3 Publications Fairness, Reasonableness and the Eye of the Beholder, Solicitor s Journal, Volume 26, Issue 1 (Spring 2010) A Tale of Two Gamblers: The Oppression Remedy and Employee Shareholders, Commercial Litigation Review, Volume 7, Number 4 (November 2009) Presentations Top 10 Problems in Workplace Investigations and Protecting Privilege, Risk is Another Four-Letter Word, Canadian Bar Association--Professional Development Program, Fredericton, September 28, 2011 Disability-Related Misconduct: Deciding between Discipline and Accommodation, 2010 Atlantic Human Resources Conference, Delta Fredericton, NB, October 21, 2010 Workplace Investigations seminar, Moncton, NB, November 10, 2010

4 Hugh Cameron Exceeding expectations Hugh s clients choose Stewart McKelvey because they expect a higher level of ability, service and results. With over 20 years of experience, Hugh provides timely, practical, cost effective solutions to his clients business challenges. Representative matters With over two decades of experience practicing law, some of the ways Hugh has helped his clients are by: Acting as counsel on a construction claim regarding inter-jurisdictional and contractual interpretation of a claim which involved negotiation, arbitration, judicial review and appeal. Acting as counsel in New Brunswick and Ontario Court appearances for a secured creditor in the insolvency of a nationwide sales agency. Acting as counsel for a secured and mezzanine lender in a multi party inter-jurisdictional insolvency. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Cell: Direct Fax: hcameron@stewartmckelvey.com Areas of practice Insurance Litigation Corporate/Commercial Property and Real Estate Development

5 Owner Managed Business Corporate Restructuring and Insolvency Franchising Law Construction Law Financial Services Education University of New Brunswick, LL.B., 1989 University of New Brunswick, B.B.A., 1983 Bar admission(s) New Brunswick, 1990 Languages English Ratings Martindale-Hubbell (CV) Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, Compensation Committee, Stewart McKelvey, Member, Management Committee, Stewart McKelvey, Member, Recruiting Committee, Stewart McKelvey, Member, Defense Research Institute (DRI) Member, Canadian Defence Lawyers (CDL)

6 J.E. Britt Dysart, q.c. Dedication to clients and one s community leads to success. Tailored solutions Today s businesses face tough budget constraints, making it crucial that they have trusted advisors who will anticipate issues and provide solutions. With a thorough knowledge of his clients situations, Britt fills that role and is able to implement solutions quickly and cost effectively because of his experience and expertise. Representative matters Britt has helped a diverse group of clients such as governments, small and large business owners, banks, established and new market intellectual property companies, and estates and executors with their complex affairs. Some examples of how he has helped them include: Advising business owners on estate planning issues; constructing and implementing multiple complex reorganizations and estate plans; advising executors on administration of complex estates; and representing both estates and beneficiaries in legal proceedings involving estate interpretations and challenges. Advising on numerous IP commercialization opportunities, as well as providing development and funding business advice on national and international transactions and negotiations. Acted for a large US defence contractor in successfully defending a claim of misappropriation of IP and breach of contract. Provided strategic advice to a post secondary educational institution in IP protection and development strategies. Led legal teams in advising various provincial governments on PPP tenders and procurements, as well as on traditional procurements. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: bdysart@stewartmckelvey.com

7 Areas of practice Asset Based Lending Asset Securitization Charities/Not For Profit Corporate/Commercial Mergers & Acquisitions Owner Managed Business Property and Real Estate Development Media and Entertainment Financial Services Education Dalhousie University, LL.B., 1986 Dalhousie University, B.A., 1983 Bar admission(s) New Brunswick, 1987 Queen s Counsel 2010 Languages English Ratings Martindale-Hubbell (CV) Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Chair, Board of Directors, Junior Achievement of New Brunswick, 2003-present Treasurer, Junior Achievement of Fredericton, Former president, Fredericton United Way

8 Presentations Former lecturer in Law to business students at a university. Presentations with national C.A. firms on critical estate planning issues. Presentation to Saint John Board of Trade on Critical PPP transactional and legal issues.

9 Melissa Everett Withers I take pride in doing quality work for my clients. I don t think there is any point in going to work, no matter what your job, if you re not going to give it your best. Willingness to go the distance Especially in light of the recent economic climate, Melissa ensures that her clients receive the best value and highest quality service possible. She is a hard worker who is always ready to put in whatever effort is necessary to achieve the best results for her clients. Representative matters Melissa works with clients on a wide range of issues including representing employers in responding to grievances and wrongful dismissal actions, representing insurance companies in claims defence, as well as advising employers with respect to proper termination and disciplinary procedures. Always looking to expand her client base, Melissa s clients include, but are certainly not limited to: Large industry employers Insurance companies Professional corporations Individuals Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Cell: Direct Fax: meverettwithers@stewartmckelvey.com

10 Areas of practice Labour and Employment Litigation Insurance Education University of New Brunswick, LL.B., 2007 St. Thomas University, B.A., 2004 Bar admission(s) New Brunswick, 2008 Languages English Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, Canadian Defence Lawyers Member, board of directors, Chalmers Regional Hospital Foundation Member, board of directors, York Sunbury Law Society, Publications Court of Appeal Upholds Random Alcohol Testing in Inherently Dangerous Workplace, Atlantic Employers Counsel, Fall 2011 Still a Tough Nut to Crack - Punitive Damages in Wrongful Dismissal Actions, Atlantic Employers Counsel, Fall 2010 New Brunswick Expands Scope of Pay Equity Legislation, Atlantic Employers Counsel, Summer 2010 Baby Steps: Ottawa s Plan for Pension Legislation Reform, Atlantic Employers Counsel, Spring 2010 Excluding Casual Employees from the Public Service Labour Relations Act Violates the Freedom of Association Guaranteed by Charter, Atlantic Employers Counsel, Summer 2009

11 Supreme Court of Canada Confirms Courts may not Save Vague or Unreasonable Restrictive Covenants, Atlantic Employers Counsel, Spring 2009 Tax Considerations on Termination of Employment, Atlantic Employers Counsel, Winter 2009 Presentations Panelist, Labour and Employment Group, Start Smart Breakfast Seminar on Hiring Practices, June 4, 2010 Panelist (representing employers interests and concerns), Taking Stock: Looking Ahead: A Forum on Human Rights and Pay Equity, sponsored by New Brunswick Human Rights Commission, December 8, 2009

12 Erin Hardy If I could teach my child one thing, it would be to always finish what you start. Structuring deals that work In the current economic times, many businesses are struggling to secure proper financing. Erin understands just how vital this financing is to her clients, and works with them, and financial institutions, to ensure both parties secure a deal that suits their needs. Representative matters Erin brings to the table efficient and reliable service with the knowledge and experience of a job well done. She also brings perseverance closing deals that would have otherwise fallen through. To Erin, it s all about getting the job done right the first time. Her clients include: Universities Manufacturers IT companies Real estate companies Individuals Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: ehardy@stewartmckelvey.com Areas of practice Corporate/Commercial Litigation Property and Real Estate Development

13 Education University of New Brunswick, LL.B., 2006 University of New Brunswick, B.Sc., 2002 Bar admission(s) New Brunswick, 2008 Nova Scotia, 2007 Languages English Law society memberships Nova Scotia Barristers Society Law Society of New Brunswick Activities Member, Canadian Bar Association Chair, New Brunswick Branch, Real Property Section, Stewart McKelvey, 2009-present Chair, New Brunswick Branch, Law Day, Stewart McKelvey, 2008-present Chair, Property Law Advisory Committee, Stewart McKelvey, 2010-present Member, NBkid: Healthy Families, Fredericton Chapter, Healthy Communities Association

14 Gérard La Forest, C.C., Q.C. Wise advice Describing Gérard as having a wealth of experience and knowledge does not do him justice. A Q.C. since 1968, the author of six books, and the recipient of nine university degrees, he has both practiced law and taught it. Gérard now acts as counsel for Stewart McKelvey. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: glaforest@stewartmckelvey.com Areas of practice Government/Regulated Industries Litigation Environmental Labour and Employment Education Yale University, J.S.D., 1966 Yale University, LL.M., 1965 Oxford University, M.A., 1956 Oxford University, B.A. (jurisprudence), 1951 University of New Brunswick, B.C.L., 1949 St. Francis Xavier, 2 years Arts Bar admission(s) New Brunswick, 1949 Queen s Counsel 1968

15 Languages English French Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, International Law Association Member, International Commission of Jurists Member, Canadian Counsel International Law Director, Canadian Pension Plan, Judge, Supreme Court of Canada, Judge, Court of Appeal of New Brunswick, Appointed a Companion of the Order of Canada, 2000 Publications Disallowance and Reservation of Provincial Legislation (Ottawa, 1955) (reprinted 1965) Extradition To and From Canada (New Orleans, 1961), 2nd ed The Allocation of Taxing Power Under the Canadian Constitution (Toronto, 1967), 2nd ed Natural Resources and Public Property Under the Canadian Constitution (Toronto, 1969) (With others) Le Territoire Québécois (Montreal, 1970) (With associates) Water Law in Canada - The Atlantic Provinces (Ottawa, 1973) Presentations Lecturer in law, McGill University, Professeur à la leçon, Unviersité d Ottawa (Droit civil Maitrise), Visiting professor of law, Université de Montréal,

16 Debora Lamont Service driven and results oriented In today s tough economy, budgetary restraints are a reality facing businesses. Mindful of this, Debora provides efficient legal services and delegates where possible to control the costs of litigation. Representative matters Working with clients such as insurers, financial institutions and individuals involved in estate litigation, some examples of the services Debora has performed for her clients include: Acting on behalf of a lottery organization in a breach of contract claim against the manufacturer of break-open tickets. Representing an estate in litigation resulting from imprudent transactions against a bank and lawyer. Acting for a major financial institution in a claim for fraud and negligent misrepresentation against a car dealer after the client suffered a multi-million dollar loss. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: dlamont@stewartmckelvey.com Areas of practice Litigation Insurance Life and Disability Estate Planning & Litigation Corporate Restructuring and Insolvency

17 Education University of New Brunswick, LL.B., 2003 St. Thomas University, B.A., 1999 Bar admission(s) New Brunswick, 2004 Languages English Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, Canadian Defence Lawyers Member, Board of Directors, Easter Seals March of Dimes New Brunswick

18 E. Anne MacLean Injustice anywhere is a threat to justice everywhere. - Martin Luther King, Jr. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: amaclean@stewartmckelvey.com Areas of practice Labour & Employment Litigation Education University of New Brunswick, LL.B., 2008 Atlantic Baptist University, B.Ed., 2003 University College of Cape Breton, B.A. (honours), 2001 University College of Cape Breton, B.B.A., 2000 Bar admission(s) New Brunswick, 2009 Languages English Law society memberships Law Society of New Brunswick York Sunbury Law Society Activities Member, Canadian Bar Association Member, Christian Legal Fellowship Member, Catholic Civil Rights League Member, Catholic Women s League

19 Allison McCarthy Holding the line Allison brings the ability to negotiate a resolution that is in line with his client s needs. He is effective and efficient, and helps them identify the areas of critical importance to their goals and the areas they have flexibility on to make the deal work. Representative matters Allison helps his clients by: Acting on behalf of real property purchasers in the acquisition of apartment buildings, shopping centres and mobile home parks and all of the related financing work. Planning and implementing estate plans, estate freezes and purifications for ownermanaged businesses. Acting on behalf of both vendors and purchasers in business transfers, both for asset sales and share sales. Acting for lenders in venture capital financing through all stages of the negotiation, due diligence, document preparation and closing. Representing provincial governments with respect to P3 infrastructure projects for schools, hospitals and communications infrastructure. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Cell: Direct Fax: amccarthy@stewartmckelvey.com

20 Areas of practice Corporate/Commercial Tax Owner Managed Business Securities/Corporate Finance Property and Real Estate Development Corporate Restructuring and Insolvency Education University of New Brunswick, LL.B., 1991 St. Thomas University, B.A., 1987 Bar admission(s) New Brunswick, 1992 Languages English Ratings Lexpert - Banking (Including Financial Institutions Regulatory Law) Best Lawyers: Banking and Finance, 2012 Martindale-Hubbell (BV) Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Office partner, Fredericton, Stewart McKelvey, 2009-present Member, Board of Directors, Enterprise Fredericton, 2007-present Member, Canadian Tax Foundation

21 Frederick McElman, C.M., Q.C. I always keep the client s desired outcomes front - of - mind to foster the development of creative and effective legal solutions. Precise analysis Resolving complex legal issues while faced with tight internal budgets and timelines is a challenge facing Fred s clients. With extensive experience in commercial law, litigation and administrative law, Fred achieves results by developing a solution to the problem and assigning the appropriate lawyers and resources to achieve the outcome. Representative matters Working with a diverse group of clients which include government and quasi-government bodies, professional associations, boards of directors, construction firms, vendors and purchasers of businesses, some of the examples of the services Fred has performed for his clients include: Acting as legal counsel to a high profile advisory board appointed to give strategic advice to the lenders and creditors of a large industrial/construction venture. Drafting and guiding private acts through the legislative process for 10 professional associations. Acting as counsel to receivers and trustees on significant insolvency cases. Serving as litigation defence counsel in a $48 million legal action involving the largest private construction project in the province. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: fmcelman@stewartmckelvey.com

22 Areas of practice Litigation Securities/Corporate Finance Technology and Intellectual Property Corporate Restructuring and Insolvency Banking Property Development (Real Estate; Land Use Planning/Municipal) Construction Labour & Employment Class Actions Education Harvard University, LL.M., 1979 University of New Brunswick, LL.B., 1978 University of New Brunswick, B.B.A., 1972 Bar admission(s) New Brunswick, 1978 Queen s Counsel 2006 Languages English Ratings Lexpert - Banking (Including Financial Institutions Regulatory Law) Lexpert - Computer and I.T. Law Lexpert - Intellectual Property Law Best Lawyers: Banking and Finance, 2012 Martindale-Hubbell (BV) Law society memberships Law Society of New Brunswick

23 Activities Member, Canadian Bar Association Member, Business Development Committee, Stewart McKelvey, Member, Order of Canada Trade-mark agent, 2002 Chair, Plan International Inc., Presentations Frequent presentations to professional associations and boards on effective governance, regulatory matters and professional discipline.

24 Gordon Petrie, Q.C. It is only the whale that surfaces that gets harpooned. Hit your stretch goals With over 40 years of experience practicing law, Gordon provides his clients with solid advice, built on a backbone of honesty, competence and integrity. He was honoured to accept an honorary LL.D. from the University of New Brunswick in Representative matters As a leader in labour and employment law and corporate and commercial litigation, Gordon uses his vast experience to help universities, municipalities, manufacturers and individuals. Examples of his work include: Acting as lead counsel on several leading cases in the labour and employment field (such as St. Anne Nackawic, Dunsmuir). Acting as counsel in several judicial inquiries over the years (such as Hughes & Arseneault inquiries). Acting as University Solicitor for UNB and provided labour advice to other universities. Acting as lead counsel on major claim involving corporate issue (such as Spielo). Providing advice to various public bodies concerning employment, administrative law issues and Right to Information disputes. Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Fax: gpetrie@stewartmckelvey.com

25 Areas of practice Labour and Employment Litigation Construction Law Employment Law Education University of Michigan, LL.M., 1965 University of New Brunswick, LL.B., 1964 University of New Brunswick, B.A., 1962 Bar admission(s) New Brunswick, 1965 Queen s Counsel 1984 Languages English Ratings Lexpert - Employment Law Lexpert - Litigation - Corporate Commercial Best Lawyers, Labour and Employment Law, 2006, Best Lawyers, Corporate and Commercial Litigation, Martindale-Hubbell (AV) Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association Member, Ethics Committee, New Brunswick Law Society Member, Canadian Association of University Solicitors Member, American College of Trial Lawyers Member, Practice Advisory Panel, Canadian Labour & Employment Law Journal

26 Richard Petrie The best advice I give to my son to improve his basketball game is something I take from my experience: the harder you work, the luckier you get! Reach your stretch goals Richard knows there isn t a cookie cutter approach to solving most workplace problems. As a leading expert in the fields of labour relations law, employment law and workplace human rights law, he fully understands the issues at stake for his clients and helps them overcome any obstacle, with the appropriate measure of urgency and responsiveness. Representative matters Employers face significant challenges in today s rapidly evolving workplace. For instance, discipline, absenteeism, and disability related issues remain a constant concern for employers to manage appropriately. Richard knows his clients; understands the challenges they face; and obtains the results his clients want. His clients include: Municipalities Forestry and related manufacturing Trucking/Transportation Auto dealerships Universities Airports Energy Financial services Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Cell: Direct Fax: rpetrie@stewartmckelvey.com

27 Areas of practice Employment Law Energy and natural Resources Labour and Employment Labour Relations Occupational Health and Safety Pensions & Employee Benefits Workers Compensation Workplace Human Rights Education University of Illinois, LL.M., 1991 University of New Brunswick, LL.B., 1990 University of New Brunswick, B.A., 1987 Bar admission(s) New Brunswick, 1992 Languages English Ratings Best Lawyers: Labour and Employment Law, 2006, Lexpert (Employment Law) Lexpert (Labour Relations) Lawday s Leading Lawyers 2009 (Employment Law) Martindale-Hubbell (CV) Law society memberships Law Society of New Brunswick Activities within the firm Member, Canadian Bar Association Member, Partnership Board, Stewart McKelvey, 2008 to present Current chair, Human Resources and Governance Committee, Partnership Board, Stewart McKelvey Past practice manager, New Brunswick Labour and Employment Group, Stewart McKelvey Past manager, New Brunswick Firm Marketing, Stewart McKelvey

28 Nick Russon Contact information Suite 600, Frederick Square 77 Westmorland Street P.O. Box 730 Fredericton, NB, Canada E3B 5B4 Direct Dial: Direct Cell: Direct Fax: Education University of New Brunswick (LL.B., 2007) University of New Brunswick (BSc., 2003) University of New Brunswick (B.A., 2003) Bar admission(s) New Brunswick, 2008 Languages English Law society memberships Law Society of New Brunswick Activities Member, Canadian Bar Association