Clarence Bennett

Managing Partner, Saint John & Fredericton

"You will never reach your destination if you stop and throw stones at every dog that barks"
- Winston C. Churchill

KEEPING YOUR NEEDS FRONT AND CENTRE.

Clarence works hard to anticipate his clients’ problems and develops plans to avoid them. An excellent listener, his clients appreciate that he is easily accessible, efficient, hard working, practical and responsive and doesn't shy away from a challenge. 


REPRESENTATIVE MATTERS

Clarence works with a broad variety of clients spanning industries such as manufacturing, trucking, construction and IT. Samples of his work include:
  • Acting on behalf of Spielo against an oppression remedy claim in excess of 30 million dollars by a former shareholder and employee.
  • Acting for David Dunsmuir challenging his dismissal and the law with respect to the standard of review and procedural fairness to the Supreme Court of Canada.
  • Acting for the New Brunswick Legal Aid Services Commission in a claim of constructive dismissal by its Executive Director to the Supreme Court of Canada.
  • Acting for the New Brunswick Provincial Court Judges Association in the Judicial Remuneration Commission, a constitutionally mandated process designed to set remuneration for judges. 
  • Defending various companies facing human rights complaints by employees claiming to have been discriminated against because of maternity leave issues, obesity, disability, mandatory retirement, sex, sexual orientation and religion.

Areas of practice

  • Employment Law
  • Labour and Employment
  • Labour Relations
  • Litigation
  • Occupational Health and Safety
  • Pensions & Employee Benefits
  • Workers’ Compensation
  • Workplace Human Rights
  • Construction Law
  • Trademark

BAR ADMISSION(S)

New Brunswick, 2005

LAW SOCIETY(IES)

Law Society of New Brunswick

EDUCATION

Osgoode Hall Law School, York University, LL.M., 2008
University of New Brunswick, LL.B., 2004
St. Thomas University, B.A. (honours), 2001

ACTIVITIES

  • Member, Canadian Bar Association
  • Member, Canadian Association of Counsel to Employers
  • Member, Human Resources Association of New Brunswick
  • Firm practice group leader, Labour & Employment, Stewart McKelvey (2015 - present)
  • Editor, Atlantic Employers’ Counsel, Stewart McKelvey
  • Trademark agent
  • Lecturer, Employment Law, University of New Brunswick College of Extended Learning, Management Development Program (2005-2006)
  • Board of Directors, Fredericton Non-Profit Housing Corporation (2008 - present)
  • Board of Directors, College Hill Daycare Cooperative Ltd. (2012 - 2014)
  • Board of Directors, United Way/Centraide Central New Brunswick Inc. (2014 - present)

LANGUAGE(S)

English

EXTERNAL RATINGS

  • Best Lawyers: Labour and Employment Law, 2015-2018

Publications

  • Cross-Canada Guide to Human Rights Law in Employment (ISBN: 978-0-7798-5554-4), Carswell, 2013; Contributing Author with others from the Canadian Association of Counsel to Employers.
  • Fairness, Reasonableness and the Eye of the Beholder, Solicitor’s Journal, Volume 26, Issue 1, Spring 2010
  • A Tale of Two Gamblers: The Oppression Remedy and Employee Shareholders, Commercial Litigation Review, Volume 7, Number 4, November 2009

Presentations

  • "No offence, but you're fired!": When is non-disciplinary suspension or termination appropriate?, Audio Conference, Lancaster House, February 11, 2016
  • Investigating and Responding to Bullying and Harassment, Advanced Skills Training, Lancaster House, April 8, 2015
  • The Employment Relationship: From A to Z, Chartered Professional Accounts New Brunswick - 2014 CPA New Brunswick Professional Development Conference, October 15, 2014
  • Terminations for Just Cause - Latest Developments, Insight - Workplace Discipline & Terminations 2014, September 29, 2014
  • Latest Legal Trends and High Impact Cases in Human Resources, Human Resources Association of New Brunswick, March 27, 2014
  • Managing Mental Health in the Workplace – Dealing with the Tough Questions, Canadian Association of Counsel to Employers, November 27, 2013
  • #Socialmedia: From Hire to Fire and Everything in Between, Atlantic Universities Human Resources Association Conference, University of New Brunswick, October 17, 2013
  • Employment Relationship A – Z (HR Basics for Startups), Innovators’ Jump Start-Business Bootcamp for Entrepreneurs, Pond-Deshpande Centre & Planet Hatch, October 16, 2013
  • Monitoring of Email, Internet Usage and Employee Use of Social Media, Canadian Bar Association, Saint John, September 13, 2013
  • Preventing Workplace Bullying and Intervening in Conflict, Lancaster House, Moncton, April 9, 2013
  • "Top 10 Problems in Workplace Investigations and Protecting Privilege", "'Risk' is Another Four-Letter Word", Canadian Bar Association--Professional Development Program, Fredericton, September 28, 2011
  • “Workplace Investigations” seminar, Moncton, NB, November 10, 2010
  • Disability-Related Misconduct:  Deciding between Discipline and Accommodation, 2010 Atlantic Human Resources Conference, Delta Fredericton, NB, October 21, 2010

Suite 1000, Brunswick House
44 Chipman Hill
Saint John, NB, Canada
E2L 2A9

P 506.634.6414
F 506.652.1989

Email Clarence

Download V-Card View LinkedIn profile

LEGAL ASSISTANT(S)

Donna-Lee Kirkpatrick
Wendy Ebbett

+ Quick Guide