Queen’s Marque
600-1741 Lower Water Street
Halifax, N.S.
B3J 0J2
Language(s) spoken: English
Bar Admission(s): Nova Scotia, 2004; Ontario, 2002
Legal Assistant(s): Angela Atkinson
Mark is recognized as a leading practitioner in the areas of employment and labour law. He assists clients with such matters as wrongful dismissals, employment agreements, workplace investigations, purchase and sale agreements (in relation to employment issues), human rights, arbitrations, litigation involving non-solicitation and non-competition agreements and occupational health and safety matters. His clients are both international and local, and range across many sectors, including IT, retail, not-for-profit organizations, safety services, engineering services, auto sales, manufacturing, transportation, education, mining, and energy. He is a litigator and has extensive experience dealing with different workplace situations and successfully representing clients before all types (and levels) of court, arbitrators, boards and tribunals. Mark is listed as a leader in the areas of labour and employment law by a number of legal publications, and is consulted by the media to speak on various workplace related issues.
Some of the ways Mark has helped his clients are by:
- Successfully defending against claims of wrongful and constructive dismissal
- Successfully defending against human rights complaints
- Regularly representing employers in defending against various OHS charges, including charges relating to fatal injuries, under both federal and provincial occupational health and safety legislation
- Being counsel on the leading Nova Scotia case in which the claim of “negligent infliction of emotional harm” was struck against an employer
- Appearing before the Nova Scotia Court of Appeal on one of the leading Canadian cases concerning mitigation in wrongful dismissal cases
- Conducting workplace investigations and providing strategic advice in relation to such investigations
- Providing strategic advice on issues such as employment agreements, labour standards, workplace misconduct, and sick leave
- Providing strategic advice in relation to employment and labour law issues in the purchase and sale of businesses, including some of the largest deals that have taken place in the Atlantic Provinces
- Providing strategic advice to unionized employers regarding the interpretation of collective agreements, unionization, grievances and arbitration
- Litigating non-solicitation and non-competition agreements
Education & Career
Education
University of New Brunswick, LLB, 2001 (Employment Law Prize)
Mount Allison University, BA, 1997 (Academic All Canadian)
Kwansei Gakuin University, Nishinomiya, Japan (1995 – 1996)
Activities
Board member, Prescott Group
Former executive member, National Labour and Employment Section, Canadian Bar Association
Member, Canadian Association of Counsel to Employers
Member, Advocates’ Society
Risk manager and board member, CISV Canada, Halifax chapter
Accolades
Best Lawyers: Labour and Employment Law, 2018 – 2025
Lexpert rating: Occupational Health and Safety, 2021 – 2024
Lexpert rating: Employment Law, 2020 – 2021, 2023
Thought Leadership
Nova Scotia to limit medical notes for employee absences
April 04, 2023
Change to Ontario Employment Standards: IT consultants and business consultants excluded from ESA
January 19, 2023
Court upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal
October 03, 2022
An end to vaccine mandates? Considerations for employers
March 01, 2022
Ontario ban on non-competes does not apply to agreements before October 25, 2021 – new case
February 08, 2022
Work life balance and ban on non-competes – changes to laws in Ontario
December 17, 2021
COVID-19 vaccination leave for employees
April 15, 2021
Top five employment law issues going into 2021
January 15, 2021
Communication breakdown: Offensive comments can constitute cause under Canada Labour Code
January 13, 2021
Client Update: 12 tips for the company holiday party
November 23, 2018
Client Update: Who is a constructor?
November 16, 2018
Publications
Senior Editor, Labour and Employment Law Perspective – CBA National Labour and Employment Law Section Newsletter
Quoted in, “Tougher reporting requirements at heart of Nova Scotia’s new OHS Act” by donalee Moutlon, The Lawyer’s Daily
June 09, 2017
Authored editorial “R U Sexting in the Workplace” published in CCH Monthly Publication: Focus on Canadian Employment and Equality Rights, Vol.9 No.15, March 2011
Presentations
Co-Presenter, “Protecting your Workplace: NS WCB Coverage for Gradual Onset Stress”, Stewart McKelvey Labour & Employment Webinar
June 18, 2024
Co-Presenter, “Protecting your Workplace: OH&S Legal Updates and Insights”, Stewart McKelvey Labour & Employment Webinar
April 16, 2024
Presenter, Lancaster House – National Health and Safety Conference
October 04, 2022
Guest speaker, cross-country CBC radio morning shows
February 09, 2022
Guest speaker, Information Morning, Employment lawyer on missing work in the Omicron era
January 05, 2022
Co-presenter, Canadian Bar Association webinar, Mandatory Vaccinations: Calling the Shots
November 23, 2021
Presenter, Nova Scotia Seafood Alliance, Mandatory Vaccination Policies
September 25, 2021
Presenter, CACE Webinar, Mandatory Vaccination Policies: HRW Connect
September 09, 2021
Presenter, client webinar, Mandatory Vaccinations – Calling the Shots
September 02, 2021
Co-presenter, “Mandatory vaccinations: Calling the shots”, Stewart McKelvey Labour and Employment webinar
September 02, 2021
Guest speaker, CBC radio morning shows
July 12, 2021
Guest speaker, Information Morning
January 12, 2021
Co-presenter, OHS Blunders and How to Fix Them: Protecting your Client from Themselves, CACE webinar
September 29, 2020
Guest speaker, Maritime Noon
September 23, 2020
Co-presenter, CACE conference, Employment Contracts Re-cast
September 13, 2018
Presenter, North American Occupation Health and Safety Week Symposium, Contractor Safety/Management Defendant’s Perspective
May 08, 2017
Presenter, HRANS law seminar, Employment Agreements
November 29, 2016
Co-presenter, Tax School, Employment Law & Tax Considerations
May 12, 2016
Guest speaker, Occupational Health and Safety Law and Regulations course, Defending the Accused
May 12, 2016
Co-presenter, 2016 National Canadian Meeting, Labour Law and Advocacy Q&A
May 03, 2016
Presenter, ICANS Forum, Human Resource Issues in Your Practice
October 22, 2015
Presenter, Infonex Inc. – Duty to Accommodate, Updates on Legal Developments in Duty to Accommodate
June 09, 2015
Presenter, Infonex Inc. – Duty to Accommodate, Options for Drug and Alcohol Testing Violations
June 09, 2015
Presenter, Canadian Association of Family Enterprise Nova Scotia Chapter Personal Advisory Group meeting
June 03, 2015
Co-presenter, Nova Scotia Pupil Transportation Conference – Social Media – Legal and Communication Issues
May 04, 2015
Presenter, Infonex Inc. – Challenges of Reasonable Accommodation and Disability Management – Absenteeism, Accommodation and Disability Management
November 19, 2014
Presenter, Infonex Inc. – Duty to Accommodate, “Disability Management and Functional Capacity Evaluations”
June 17, 2014
Presenter, Dalhousie University College of Continuing Education – OH&S Law and Regs, “Defending the Accused Strategy, Due Diligence and Case Law”
May 01, 2014
Presenter, Safety Services NS Conference Session, “Accident Response”
March 27, 2014
Presenter, Occupational Health and Safety, Atlantic Home Warranty Webinar
November 05, 2013
Presenter, Insight Labour & Employee Relations conference and workshop, “Workplace Health and Safety Update”, October 2013
Presenter, RFANS Conference Session, “What to do when the OHS Officers are at your door”
May 08, 2013
Presenter IPM Halifax Conference: ROSTER and Final Logistics review
April 10, 2013
Presenter, Dalhousie University College of Continuing Education, “Occupational Health & Safety Law & Regulations”
April 07, 2013
Presenter, Canadian Society of Safety Engineering (CSSE) Mock Trial, with respect to Occupational Health and Safety in Nova Scotia
October 03, 2012