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Mark Tector

Partner

Queen’s Marque
600-1741 Lower Water Street
Halifax, N.S.
B3J 0J2

+1.902.420.3358

+1.902.420.1417

mtector@stewartmckelvey.com

Language(s) spoken: English

Bar Admission(s): Nova Scotia, 2004; Ontario, 2002

Legal Assistant(s): Angela Atkinson

Mark is recognized as a leading practitioner in the areas of employment and labour law. He assists clients with such matters as wrongful dismissals, employment agreement reviews, purchase and sale agreements (in relation to employment issues), human rights matters, arbitrations, workplace investigations, litigation involving non-solicitation and non-competition agreements and occupational health and safety matters. His clients are both international and local, and range across many sectors, including IT, retail, not-for-profit organizations, safety services, engineering services, auto sales, manufacturing, transportation, education, mining, and energy. He is a litigator and has extensive experience dealing with different workplace situations and successfully representing clients before all types (and levels) of court, arbitrators, boards and tribunals. Mark is listed as a leader in the areas of labour and employment law by a number of legal publications, and is consulted by the media to speak on various workplace related issues.

Some of the ways Mark has helped his clients are by:

  • Successfully defending against claims of wrongful and constructive dismissal
  • Successfully defending against human rights complaints
  • Regularly representing employers in defending against various OHS charges, including charges relating to fatal injuries, under both federal and provincial occupational health and safety legislation
  • Being counsel on the leading Nova Scotia case in which the claim of “negligent infliction of emotional harm” was struck against an employer
  • Appearing before the Nova Scotia Court of Appeal on one of the leading Canadian cases concerning mitigation in wrongful dismissal cases
  • Providing strategic advice on issues such as employment agreements, labour standards, workplace misconduct, and sick leave
  • Providing strategic advice in relation to employment and labour law issues in the purchase and sale of businesses, including some of the largest deals that have taken place in the Atlantic Provinces
  • Providing strategic advice to unionized employers regarding the interpretation of collective agreements, unionization, grievances and arbitration
  • Litigating non-solicitation and non-competition agreements

Education & Career

Education

University of New Brunswick, LLB, 2001 (Employment Law Prize)
Mount Allison University, BA, 1997 (Academic All Canadian)
Kwansei Gakuin University, Nishinomiya, Japan (1995 – 1996)

Activities

Former executive member, National Labour and Employment Section, Canadian Bar Association
Member, Canadian Association of Counsel to Employers
Member, Advocates’ Society
Risk manager and board member, CISV Canada, Halifax chapter

Accolades

Best Lawyers: Labour and Employment Law, 2018 – 2021
Lexpert rating: Occupational Health and Safety, 2021
Lexpert rating: Employment Law, 2020 – 2021

Thought Leadership

Publications

Senior Editor, Labour and Employment Law Perspective – CBA National Labour and Employment Law Section Newsletter

Authored editorial “R U Sexting in the Workplace” published in CCH Monthly Publication: Focus on Canadian Employment and Equality Rights, Vol.9 No.15, March 2011

Presentations

Guest speaker, CBC radio morning shows

July 12, 2021

Guest speaker, Information Morning

January 12, 2021

Co-presenter, OHS Blunders and How to Fix Them: Protecting your Client from Themselves, CACE webinar

September 29, 2020

Guest speaker, Maritime Noon

September 23, 2020

Co-presenter, CACE conference, Employment Contracts Re-cast

September 13, 2018

Presenter, North American Occupation Health and Safety Week Symposium, Contractor Safety/Management Defendant’s Perspective

May 08, 2017

Presenter, HRANS law seminar, Employment Agreements

November 29, 2016

Co-presenter, Tax School, Employment Law & Tax Considerations

May 12, 2016

Guest speaker, Occupational Health and Safety Law and Regulations course, Defending the Accused

May 12, 2016

Co-presenter, 2016 National Canadian Meeting, Labour Law and Advocacy Q&A

May 03, 2016

Presenter, ICANS Forum, Human Resource Issues in Your Practice

October 22, 2015

Presenter, Infonex Inc. – Duty to Accommodate, Updates on Legal Developments in Duty to Accommodate

June 09, 2015

Presenter, Infonex Inc. – Duty to Accommodate, Options for Drug and Alcohol Testing Violations

June 09, 2015

Presenter, Canadian Association of Family Enterprise Nova Scotia Chapter Personal Advisory Group meeting

June 03, 2015

Co-presenter, Nova Scotia Pupil Transportation Conference – Social Media – Legal and Communication Issues

May 04, 2015

Presenter, Infonex Inc. – Challenges of Reasonable Accommodation and Disability Management – Absenteeism, Accommodation and Disability Management

November 19, 2014

Presenter, Infonex Inc. – Duty to Accommodate, “Disability Management and Functional Capacity Evaluations”

June 17, 2014

Presenter, Dalhousie University College of Continuing Education – OH&S Law and Regs, “Defending the Accused Strategy, Due Diligence and Case Law”

May 01, 2014

Presenter, Safety Services NS Conference Session, “Accident Response”

March 27, 2014

Presenter, Occupational Health and Safety, Atlantic Home Warranty Webinar

November 05, 2013

Presenter, Insight Labour & Employee Relations conference and workshop, “Workplace Health and Safety Update”, October 2013

Presenter, RFANS Conference Session, “What to do when the OHS Officers are at your door”

May 08, 2013

Presenter IPM Halifax Conference: ROSTER and Final Logistics review

April 10, 2013

Presenter, Dalhousie University College of Continuing Education, “Occupational Health & Safety Law & Regulations”

April 07, 2013

Presenter, Canadian Society of Safety Engineering (CSSE) Mock Trial, with respect to Occupational Health and Safety in Nova Scotia

October 03, 2012

Presenter, Occupational Health & Safety Law & Regulations, “Defending the Accused”, March 2012

Presenter, HRANS Annual HR Law Seminar, “Family Status Issues and Obligations”, March 2012

Presenter, Canadian Society of Safety Engineering (Western Nova Scotia Chapter), “Update on Occupational Health and Safety Fines,”, November 2011

Presenter, Stewart McKelvey Seminar, “Workplace Investigations, Information that Hits the Mark!”, April 2011

Presenter, Canadian Society of Safety Engineering (Nova Scotia Chapter), “Update on Occupational Health and Safety Penalties and Prosecutions”, April 2011

 
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