Management Lawyers

Accident Investigations

Labour issues don't drive deals, but they can derail them.  Having expert employment counsel on board is essential when such issues arise.  Several of our lawyers have worked along side corporate counsel on some of the largest corporate transactions and business restructurings in Canada, providing expert advice and guidance in dealing with complex labour and employment issues.   In the area of insolvency and restructuring, our lawyers have appeared and/or been involved as specialized employment counsel in some of the leading cases dealing with employment issues in this area, including Royal Crest Healthcare (Ontario Court of Appeal), TCT Logisitics (Supreme Court of Canada), and Page Flooring (Ontario Labour Relations Board).  We also understand the significant differences in Canadian and US employment and labour law that our US based clients encounter in cross-border acquisitions, restructurings and insolvencies.

In particular, we are often retained by corporate counsel and professional advisors to assist with due diligence during the early stages of a potential deal to help identify any material employment and labour issues.  For example, this typically includes successor employer liabilities and mass termination entitlements.  It may also include identifying any potentially onerous restrictions in a collective agreement given the acquirer's intended business model post-acquisition.  We then continue to assist with all aspects of the employment and labour issues throughout the course of a deal until the deal gets done.  This can include reviewing and revising representations and warranties in share purchase and asset purchase agreements, drafting offer letters and employment agreements for various levels of employees, and drafting confidentiality, non-competition and non-solicitation agreements.  In the distressed sale context, we have assisted corporate counsel and professional advisors with tough union negotiations where making changes to existing rights contained in a collective agreement was determined to be a vital aspect of the deal.