Kristen Shaw is a litigation lawyer with a growing practice focused on employment and labour relations and construction and infrastructure disputes.
She assists employers in all aspects of labour and employment law, including developing employment standards and workplace policies, advising on termination advice and strategy, advising on employment standards and WorkSafeBC compliance, and handling wrongful dismissal and human rights claims. Kristen has represented employers in claims in the British Columbia Supreme Court, WorkSafeBC, the British Columbia Human Rights Tribunal and investigations by the Employment Standards Branch.
Acting in a range of commercial and employment disputes, Kristen is skilled in the drafting of briefs, factums, arguments and pleadings. Kristen represents owners, contractors, and consultants in disputes concerning commercial disputes, cost overruns, delay, and lien claims in the British Columbia Supreme Court as well as in mediation and arbitration. Kristen takes an industry-focused approach, providing practical solutions to resolving disputes.
Amid the uncertainty of a trade war, employers are well-advised to review the rules and legal consequences of temporary layoffs.
This program will provide an overview and discuss trending topics within the employment lifecycle and provide cross-country case law and legislative updates.
This program will provide an overview of recent significant decisions and regulatory guidance, along with discussions about the privacy implications of AI and how deceptive design patterns could be impacting your organization’s legal compliance.
A recent BCCRT decision sheds light on what does (and does not) constitute constructive dismissal when an employee’s duties are subject to change.
The BC Pay Transparency Regulation, updated as of July 2, 2024, sets out clear guidelines for employers to follow when preparing pay transparency reports.
Employers should ensure all terms of the employment contract are included in the initial offer to prevent an accidental contract with missing terms.
A recent BCSC decision provides an example of a remedy that a public body may seek if personal information in their custody is obtained without authorization.
The BCHRT provides guidance for employers faced with unreasonable requests to accommodate employees that would force the employers to experience undue hardship.
In a recent decision, the BCCA provides the clarity sought by employers and employees alike for what is needed for an enforceable termination provision.
This bulletin addresses the enforceability of releases signed following a termination and reiterates best practices for obtaining an enforceable release.
On April 30, 2024, Canada’s temporary waiver allowing international students to exceed 20 hours of work per week expired.
McMillan Vancouver's Litigation & Dispute Resolution Group comments on current disputes trends.
The ability to glean personal information from both anonymized and aggregated data creates a risk of re-identification.
The BC Court of Appeal reinforces that frustration of contract, particularly in the employment context, is a stringent threshold.
The British Columbia Court of Appeal confirms that submitting personal meals as business expenses can constitute cause for dismissal.
As if November 1, 2023, employers will be required to disclose the expected salary or wage in all publicly advertised job listings.
Join McMillan's Privacy & Data Protection Group on Tuesday, October 17th for an overview of recent significant decisions and regulatory guidance.
Hotel faces employees' class action over employment benefit changes.
The new Pay Transparency Act in BC brings new rules and obligations for BC employers.
The OPC's Workplace Privacy Guidance discusses employee monitoring and workplace privacy matters, relevant for all employers, not just federal.
Mining firms are vulnerable to cybersecurity attacks but through incident response planning can minimize the risk of exposure.
Firing a contractor is not as easy or straightforward as it seems. Depending on the relationship, a contractor can be deemed to be an employee. Find out why.
In a recent decision the BC Court of Appeal provided clarity and guidance on the rules regarding the deductibility of employee benefits from wrongful dismissal awards
Join McMillan's Privacy & Data Protection Group on Wednesday, December 7th for an overview of recent significant legal developments, tips on complying with new and forthcoming obligations under Quebec’s Bill 64, and discussions about hot topics in data management.
BC Privacy Commissioner releases guidance on how federal and provincial political organizations can conform to BC's privacy legislation when campaigning.
An overview of a recent Alberta Privacy Commissioner breach notification decision relevant to employee snooping.
An overview of Alberta's Office of the Information and Privacy Commissioner 11-Year Report.
A look at the takeaways from the recent audit of Health Canada's IT systems.
Recently announced updated guidance from the Canadian Center for Cyber Security provides new and important considerations for business activity.
A recent joint investigation of Canadian privacy commissioners provides guidance for organizations using mobile apps.
New federal privacy legislation has been introduced. If passed, Bill C-27 will materially change the legal landscape for privacy and data protection in Canada.
BC Government passed the Anti-Racism Data Act to safely collect demographic information to address gaps in BC programs and services.
New proposed amendments to the Competition Act will criminalize agreements between employers regarding wages, working conditions and hiring practices.
BC Government amends new paid sick leave to entitlement based on calendar year and extends entitlement to unionized employees.
Significant changes to the Provincial COVID mandates announced in advance of spring break.
BC Court dismisses certification application for class action against Facebook for allegedly scraping user data from their messenger app.
The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action
A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.
Canada’s provincial privacy regulators have issued orders against Clearview AI forcing it comply with the
recommendations of a 2020 joint investigation.
We will touch on a few notable recommendations to amend PIPA that may affect the processes and procedures of businesses governed by PIPA.
Increased standards for digital credentials improve privacy and global functionality - but what does this mean for businesses who use them?
This article discusses how the anonymized and aggregated data poses risks to businesses, and how to stay compliant with the applicable privacy requirements.
The BC government recently introduced a bill to amend FIPPA that introduces new requirements for managing and protecting privacy.
On November 7, 2022, Avcorp Industries Inc. (TSX:AVP) (“Avcorp”) closed its CAD$139 million acquisition by Latécoère S.A. (“Latécoère”). The acquisition was affected by way of a court-approved plan of arrangement under the Canada Business Corporations Act, pursuant to which Latécoère acquired all the issued and outstanding common shares of Avcorp for considerations of $0.11 in cash per share.
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