Kyle Lambert 

Kyle Lambert

Ottawa
World Exchange Plaza, Suite 2000
45 O'Connor Street
Ottawa, Ontario K1P 1A4

t: 613.691.6117
e: kyle.lambert@mcmillan.ca

overview

Kyle Lambert is an associate in the advocacy and litigation group in the firm's Ottawa office.

Kyle's practice includes a wide range of advocacy topics, with a particular emphasis on commercial litigation and employment law. Kyle assists clients involved in a range of issues, including shareholder disputes, complex contractual disputes, product liability, public and administrative law matters, and government procurement challenges. In his employment law practice, Kyle regularly acts for businesses in wrongful dismissal and human rights claims, while also providing employment-related advice and analysis on large business transactions. Kyle has appeared before all levels of Ontario’s civil courts, as well as before the Federal Court and Canadian International Trade Tribunal.

Prior to joining McMillan, Kyle worked with Commission Counsel on the Elliot Lake Commission of Inquiry, which was established to investigate the cause and response to the 2012 shopping mall collapse.

Presentations

Social media's growing role in litigation

Publications

Sweeping Changes to Federal Employment Standards Set to Take Effect
Employees' Duty to Mitigate: Comparable Employment Does Not Mean Any Employment
24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace
Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000
Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements
Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses
What's Old is New Again in Ontario Workplaces as Bill 47 Receives Royal Assent
Government of Canada Proposes Substantial Changes to Federal Employment Standards
Ontario Proposes Major Changes to the Employment Standards Act, 2000
Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act
To What Extent Must Employers Accommodate Medical Marijuana in the Workplace?
Stop Finding Ambiguity Where There Is None – Ontario Court of Appeal Adds to the Law of Termination Clauses
"Don't Worry, We All Know What That Clause Means" – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements
Ontario Government Walks Back Changes to Public Holiday Pay Calculation
'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
The 2018 Federal Budget: What Employers Should Know
Happy New Year: Termination Clause Upheld by Court of Appeal
Drafting Termination Clauses – Be Careful That Your Fail-Safe Provision is Safe and Doesn't Fail
Notable Changes to the Ontario Human Rights Code Likely On Their Way
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it
You Only Get One Shot – Ontario Court of Appeal Says Severability Clauses Cannot Save Improper Termination Provisions
Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan
Ontario Private Member's Bill Proposes Broadened Human Rights Code
New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers
Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value
Court of Appeal for Ontario Affirms Strong Limitation on Employee's Post-Termination Bonus Entitlement
Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995
Ontario Eases Solvency Funding Requirements
The 2017 Ontario Budget – Pensions and Benefits Play a Central Role
What You Meant vs. What You Said – Employer's Words Interpreted as Termination
Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide
We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments
No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?
Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation
Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants
New Regulatory Authority for Pensions on its Way
Ontario's Pooled Registered Pension Plans Act Takes Effect
Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination
Bonus Plans: Being "Actively Employed" May Include Being Fired
Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016
Ontario's Sexual Violence and Harassment Plan Act Passes First Reading
Heads Up! More Changes to Ontario's Labour and Employment Laws are Likely on Their Way
The Most Important Question is Why: the SCC Revisits Constructive Dismissal
Ontario Human Rights Commission Comments on Sexual Harassment in the Workplace
Call it What you Want, It's Still Constructive Dismissal
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Ontario's Mandatory Occupational Health and Safety Awareness Training – Be Prepared for July 1, 2014
"You Can't Have Your Cake and Eat it (Part) 2": An Update on Mitigation and Employment Contracts
Forfeiture Provisions in Compensation Plans Not Restraints of Trade: Employers Can Refuse Payment to Departed Employees

News

Kyle Lambert explains what you should do when conducting a workplace investigation in the Ottawa Business Journal
Law Times: Kyle Lambert says solvency funding changes may only ease some of the burden on defined benefit sponsors

Education

  • Queen's University, JD - 2012
  • University of Ottawa, Bachelor of Social Sciences (Hons) - 2006

Year Of Call

  • Called to the Ontario bar - 2013

Practices

employment law
harassment and discrimination
administrative law
business litigation
arbitration
product liability
government procurement
construction

Awards & Rankings

  • Law Society of Upper Canada Award and Osgoode Society Award of Excellence for achieving academic standing among the top 10% of his law school class.

Media Mentions

"Stop Finding Ambiguity Where There Is None — Ontario Court of Appeal Adds to the Law of Termination Clauses", Employment and Labour Law Reporter, August 2018

vcard

Kyle Lambert is an associate in the advocacy and litigation group in the firm's Ottawa office.

Kyle's practice includes a wide range of advocacy topics, with a particular emphasis on commercial litigation and employment law. Kyle assists clients involved in a range of issues, including shareholder disputes, complex contractual disputes, product liability, public and administrative law matters, and government procurement challenges. In his employment law practice, Kyle regularly acts for businesses in wrongful dismissal and human rights claims, while also providing employment-related advice and analysis on large business transactions. Kyle has appeared before all levels of Ontario’s civil courts, as well as before the Federal Court and Canadian International Trade Tribunal.

Prior to joining McMillan, Kyle worked with Commission Counsel on the Elliot Lake Commission of Inquiry, which was established to investigate the cause and response to the 2012 shopping mall collapse.

August 2019
Sweeping Changes to Federal Employment Standards Set to Take Effect

Employment and Labour Bulletin

July 2019
Employees' Duty to Mitigate: Comparable Employment Does Not Mean Any Employment

Employment and Labour Relations Law Bulletin

February 2019
Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

Employment and Labour Relations Law Bulletin

November 2018
What's Old is New Again in Ontario Workplaces as Bill 47 Receives Royal Assent

Employment and Labour Relations Law Bulletin

November 2018
Government of Canada Proposes Substantial Changes to Federal Employment Standards

Employment and Labour Relations Law Bulletin

October 2018
Ontario Proposes Major Changes to the Employment Standards Act, 2000

Employment and Labour Relations Law Bulletin

March 2018
The 2018 Federal Budget: What Employers Should Know

Employment Law Bulletin

October 2017
Ontario Private Member's Bill Proposes Broadened Human Rights Code

Employment and Labour Bulletin

May 2017
Ontario Eases Solvency Funding Requirements

Pensions and Benefits Law Bulletin

May 2017
The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

Pensions and Benefits Law Bulletin

November 2016
New Regulatory Authority for Pensions on its Way

Litigation Bulletin

November 2016
Ontario's Pooled Registered Pension Plans Act Takes Effect

Employment and Labour Bulletin

August 2016
Bonus Plans: Being "Actively Employed" May Include Being Fired

Employment and Labour Bulletin

November 2015
Ontario's Sexual Violence and Harassment Plan Act Passes First Reading
Employment and Labour Bulletin
June 2015
Social Media and Off-Duty Misconduct: Where are we @?
CACE 12th Annual Conference, 2015 Presentation Paper
January 2015
Call it What you Want, It's Still Constructive Dismissal
Employment and Labour Bulletin
July 2014
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Employment and Labour Bulletin    
January 2018
Social media's growing role in litigation
On January 25, 2018 McMillan's Kyle Lambert delivered Social media's growing role in litigation presentation to the Ottawa chapter of the International Association of Privacy Professionals.
November 14, 2017
Employee Snooping
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario