Duncan Marsden  

Partner

Executive Summary

Duncan Marsden is a partner in our Labour and Employment Group and a member of the Regional Management Committee of our Calgary office. Duncan practises in all areas of labour and employment law. He provides advice to clients on dismissal procedures, dispute resolution on employment matters, managing downsizing and other cost saving exercises, employment litigation including injunctions and restrictive covenant issues, and corporate due diligence. He also provides advice on workers’ compensation matters, discrimination law, termination tax issues, and the interpretation of employment contracts and policies. As well, he assists with the negotiation, drafting and review of all types of employment-related documentation.

Duncan is a frequent presenter and author on employment law issues and has provided training to Civil Court Provincial Judges on employment law updates on a number of occasions.

Prior to moving to Canada and joining BLG in 2007, Duncan practised for several years in London, England with the world’s largest law firm, in its employment law department. He is fluent in both English and French, and also speaks some German.

Duncan is an avid runner and recently broke a world record for the furthest linked marathon as a charitable fundraising initiative.

Representative Work

  • Several injunction actions for major clients.
  • Litigation involving multi-million-dollar long-term incentive agreements.
  • Secondment advice.
  • Workers’ Compensation Board Appeals Commission, Decision Number 2009-730:  concerned the deductibility of premiums.
  • Workers’ Compensation Board Appeals Commission, Decision Number 2015-0383​​.
  • Workers' Compensation Board Appeals Commission, Decision Number 2015-0297.
  • Human Rights Tribunal of Alberta decision: Balsara v. Zellers Inc., 2013 AHRC 7.
  • Sanders v. A-G of Canada, Federal Court T-1082-14, March 17, 2015.
  • Mallot v. A-G of Canada, Federal Court T-1864-14, Nov 13, 2014.
  • Ahmed v. Alberta Health Services, 2015 ABQB 825​
  • Garland Canada Inc v Shusheski​, 2017 ABQB 84 

Publications & Presentations

  • Co-Presenter, "Employment Law Update: The Oil Patch and Beyond," Calgary and Houston, Summer 2015.
  • Presenter, "Drug and Alcohol Update," HRIA Conference 2015.
  • Co-Presenter, "How to protect your business from your (former) employees," BLG In-House Seminar, Summer 2014.
  • Quoted, "Firms weigh random testing," The Calgary Herald, April 12, 2014.
  • Quoted in numerous publications on the topic of drug and alcohol testing in the workplace including The Calgary Herald, The Vancouver Sun, The Leader Post, The Star Phoenix, and Alberta Oil Magazine.
  • Author, “Getting LinkedIn to Employee Terminations in the Context of Social Media,” Perspectives Magazine, November 2013.
  • Co-Presenter, Drug and Alcohol Webinar with BackCheck, November 2013.
  • Presenter, “Managing Dr. Jekyll and Mr. Hyde: Dealing with Impaired Employees,” Vancouver Symposium, October 2013.
  • Presenter, “A Cautionary Tale,” BLG Not-for-Profit Seminar, October 2013.
  • Author, Labour & Employment Alert, "SCC Rules on Random Testing of Employees: Bad News For Employers! (Or Is It?), June 2013," re-produced in Labour Notes, July 2013.
  • Co-Presenter, "How Many Fingers Am I Holding Up?" Dealing with impaired employees, Calgary Breakfast Seminar, May 2013 and Toronto Symposium, November 2013.
  • Author, "New Developments In ​Drug And Alcohol Testing," HRIA E-Newsletter, April 2013.
  • Presenter, HRAC Conference, "Drug and Alcohol Policies and Testing," March 2013.
  • Presenter, "Duvet Days to Long Term Absentees – How To Deal With Employees On Sick Leave," Toronto Labour & Employment Symposium, November 2012.
  • Presenter, "The Rules of Hiring Volunteers," BLG Not-For-Profit Seminar, May 2012.
  • Presenter, both "The Status of Family Status" and "Employment Law Update," BLG Labour & Employment Symposium, November 2011.

Rankings & Recognitions

  • Recognized in the 2016 and 2015 editions of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Alberta."
  • 2014 Canadian National Pro Bono Distinguished Service Award winner.