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Kyle Lambert is an accomplished litigation lawyer with a broad advocacy practice focused on commercial litigation, arbitration, and employment and labour relations law. He serves clients in a range of industries including aviation, telecommunications and media, and construction.

In his litigation practice, Kyle assists clients in shareholder disputes, complex contractual disputes, construction disputes, and government procurement challenges. He appears before all levels of Ontario’s civil courts, the Federal Court and the Canadian International Trade Tribunal.

With extensive experience in employment and labour relations law, Kyle represents businesses in wrongful dismissal claims, human rights claims, and claims for breach of restrictive covenants. He also provides employment-related advice and analyses on large business transactions and workplace investigations.

Kyle is a frequent presenter and author on developments in employment and labour relations law in Canada.



Representative Matters

Selected Cases

Arbitration

  • Represented a multinational energy and infrastructure entity in a complex arbitration relating to the construction of a major infrastructure project
  • Acted as counsel in an arbitration related to the termination of a leading non-governmental organization executive
  • Acted as counsel on behalf of a municipality in an arbitration against a telecommunications provider relating to the sale of public infrastructure

Selected Transactions

  • Acted for Auryn Resources Inc., a TSX and NYSE American listed company, completed an approx. $350 million comprehensive reorganization transaction
  • Acted for U.S.-based private equity fund in its acquisition of a series of Canadian auto supply companies
  • Acted for Canadian private equity fund in its acquisition of group of companies providing for virtual data rooms and platform for secure document sharing
  • Acted for US private equity fund in series of Canadian based acquisition transactions
  • Acted for Canadian private equity fund in series of acquisitions of a food service and manufacturing company

News


Media Mentions

Rankings & Recognition

  • 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.

Community Involvement

  • Director and Corporate Secretary, Ottawa Symphony Orchestra

Directorships & Affiliations

  • Carleton Counsel Law Association
  • Canadian Association of Counsel to Employers

Education & Admissions

2013
Called to the Ontario bar
2012
JDQueen's University
2006
B.Soc.Sc. (Honours)University of Ottawa

Publications

  • “Ontario Superior Court of Justice Opines on Federal Termination Obligations,” LexisNexis Labour Notes®, January 15, 2021
  • “Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction”, Employment and Labour Law Reporter (September 2020)

Insights by Kyle Lambert (74 Posts)

New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

Jan 4, 2021

As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations

Ontario Superior Court of Justice Opines on Federal Termination Obligations

Dec 29, 2020

Review of a federal employer's obligations when terminating an employee under the Canada Labour Code and how
to enforce contractual termination clauses.

Ontario Extends COVID-19 Period to July 3, 2021

Dec 18, 2020

Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Nov 18, 2020

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

McMillan’s Employment and Labour Webinar

Nov 10, 2020

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Federal Government Amends Canada Labour Code in Response to COVID-19

Oct 7, 2020

The Government of Canada has proposed amendments to the leave provisions in the Canada Labour Code and three new benefits for employees in response toCOVID-19.

Court Imposes “Harsh and Oppressive” Standard in Refusing to Enforce Stock Plan

Sep 28, 2020

The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements

Temporary Layoff and Constructive Dismissal Relief for Ontario Employers Extended to 2021

Sep 8, 2020

The Ontario government has updated its regulations under the Employment Standards Act, 2000 to extend the province's "COVID-19" period to January 2, 2021

Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction

Aug 5, 2020

The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.

Ontario Amends Employment Standards Legislation in Response to COVID-19

Aug 5, 2020

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses

Jul 22, 2020

Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause

Heller v. Uber – What Employers Need to Know

Jul 1, 2020

SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)

New Workplace Harassment and Violence Prevention Rules for Federally-Regulated Employers

Jun 28, 2020

The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Jun 1, 2020

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

Litigating During COVID-19: Still Possible

May 20, 2020

A summary of the key ways to advance or continue litigation during the pandemic.

Establishing the New Normal: Return to Work Considerations in the COVID-19 Era

Apr 29, 2020

As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.

Calculating the CEWS: Meaning of “Leave With Pay” Leaves Questions Unanswered

Apr 23, 2020

As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.

Federal Government Broadens Access to the Canada Emergency Response Benefit and Proposes Wage Support for Essential Workers

Apr 17, 2020

The federal government is expanding CERB access and proposes to help with wages of essential employees.

The Impact of COVID-19 on your Workforce in Canada

Apr 8, 2020

This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.

Bank Liable in Canada’s Largest Unpaid Overtime Class Action

Apr 6, 2020

The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.

We Do Not Think It Means What You Think It Means: The Ontario Court of Appeal Addresses Incentive Compensation Plans in O’Reilly v. IMAX Corporation

Jan 28, 2020

Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.

Employment and Labour Seminar Series: Montréal

Dec 10, 2019

This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.

Employment and Labour Seminar Series: Toronto

Oct 30, 2019

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

Sweeping Changes to Federal Employment Standards Set to Take Effect

Aug 7, 2019

Many of the federal government's changes to the Canada Labour Code, proposed through Bills C-44, C-63 and C-86, are now set to take effect on September 1, 2019.

Employees’ Duty to Mitigate: Comparable Employment Does Not Mean Any Employment

Jul 24, 2019

The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.

24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace

Jun 24, 2019

The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.

Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000

Apr 15, 2019

Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.

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

Feb 26, 2019

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

What’s Old is New Again in Ontario Workplaces as Bill 47 Receives Royal Assent

Nov 22, 2018

The "Making Ontario Open for Business Act, 2018", repealing changes brought about by Bill 148 under the previous government, has received Royal Assent.

Employment and Labour Seminar Series: Montréal

Nov 8, 2018

Employment and Labour Seminar Series: Montréal.

Details November 8, 2018

Government of Canada Proposes Substantial Changes to Federal Employment Standards

Nov 5, 2018

Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.

Ontario Proposes Major Changes to the Employment Standards Act, 2000

Oct 26, 2018

On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)

Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act

Oct 23, 2018

The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.

To What Extent Must Employers Accommodate Medical Marijuana in the Workplace?

Oct 11, 2018

Although the obligation to address medical marijuana use by employees has added to the scope of concerns faced by Canadian employers, employers' broad obligations have not changed.

Stop Finding Ambiguity Where There Is None – Ontario Court of Appeal Adds to the Law of Termination Clauses

Jul 11, 2018

June 2018, the Ontario Court of Appeal released a decision employers should pay attention to as it is more "employer-friendly" than some recent precedents.

“Don’t Worry, We All Know What That Clause Means” – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements

Jun 21, 2018

Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.

Ontario Government Walks Back Changes to Public Holiday Pay Calculation

May 8, 2018

The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

Apr 20, 2018

'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

Mar 6, 2018

Budget 2018 includes EI Parental Sharing Benefit, New pay equity legislation and transparency measures and CPP and EI contributions

Happy New Year: Termination Clause Upheld by Court of Appeal

Jan 16, 2018

In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.

Notable Changes to the Ontario Human Rights Code Likely On Their Way

Jan 9, 2018

Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition

Drafting Termination Clauses – Be Careful That Your Fail-Safe Provision is Safe and Doesn’t Fail

Jan 9, 2018

Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Dec 21, 2017

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Nov 14, 2017

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Prying Eyes: Risk of Employee ‘Snooping’ and How to Reduce it

Nov 7, 2017

Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it

Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims

Oct 30, 2017

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

Oct 19, 2017

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

Oct 19, 2017

Ontario Private Member's Bill Proposes Broadened Human Rights Code

McMillan’s Employment & Labour Relations Group Seminar

Sep 28, 2017

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

Jun 28, 2017

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

Jun 15, 2017

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

Jun 14, 2017

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

Jun 7, 2017

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

Ontario Eases Solvency Funding Requirements

May 17, 2017

Ontario Eases Solvency Funding Requirements

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

May 12, 2017

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

What You Meant vs. What You Said – Employer’s Words Interpreted as Termination

Apr 21, 2017

What You Meant vs. What You Said – Employer's Words Interpreted as Termination

Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

Apr 3, 2017

Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

We’ve Overpaid, Now What? OLRB Confirms Employers’ Obligations in Addressing Pension Overpayments

Mar 3, 2017

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?

Feb 10, 2017

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

Jan 18, 2017

Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

Jan 11, 2017

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

New Regulatory Authority for Pensions on its Way

Nov 30, 2016

New Regulatory Authority for Pensions on its Way

Ontario’s Pooled Registered Pension Plans Act Takes Effect

Nov 29, 2016

Ontario's Pooled Registered Pension Plans Act Takes Effect

Blown Save: ONCA Delivers “Bad News” to Employers Regarding Severability Clauses

Nov 1, 2016

Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses

2016 Annual Employment and Labour Seminar

Oct 20, 2016

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Bonus Plans: Being “Actively Employed” May Include Being Fired

Aug 10, 2016

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

Bonus Plans: Being “Actively Employed” May Include Being Fired

Aug 10, 2016

When does a bonus form part of compensation owed during a terminated employee's notice period?

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

Mar 16, 2016

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

Ontario’s Sexual Violence and Harassment Plan Act Passes First Reading

Nov 7, 2015

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

Jun 6, 2015

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

Mar 16, 2015

The Most Important Question is Why: the SCC Revisits Constructive Dismissal

Ontario Human Rights Commission Comments on Sexual Harassment in the Workplace

Jan 20, 2015

Responding to recent events where the issue of sexual harassment has obtained national focus, the Ontario Human Rights Commission published an information bulletin on sexual harassment in the workplace.

Call it What you Want, It’s Still Constructive Dismissal

Jan 19, 2015

Call it What you Want, It's Still Constructive Dismissal

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

Jul 17, 2014

Three New Leaves for Ontario Workers to Take Effect October 29, 2014