Maryse Tremblay  

Partner

Executive Summary

Maryse Tremblay's practice encompasses advocacy and advisory work in the areas of labour and employment law, human rights and privacy. She focuses on labour relations, grievance arbitration, collective bargaining and personnel management. She has extensive expertise in advising and representing federally-regulated employers.

Ms. Tremblay represents employers before various administrative tribunals, such as the Canada Industrial Relations Board, the Quebec Labour Administrative Tribunal, labour arbitrators, human rights tribunals, and arbitrators and appeals officers under Part II and III of the Canada Labour Code. She also appears regularly before the Federal Courts of Canada and the Quebec superior courts.

Ms. Tremblay also assists employers in their representations to government organizations in matters pertaining to labour law reforms.

Ms. Tremblay is currently a member of the Federal Courts Liaison Committee on Labour Law, Human Rights, Pension Benefits, Privacy and Access Review. She has been a member of the Client Consultation Committee of the Canada Industrial Relations Board from 2012 to 2015.

From 2007 to 2015, Ms. Tremblay held the positions of Chair, Vice-Chair and Secretary-Treasurer of the National Labour and Employment Law section of the Canadian Bar Association. From 1999 to 2001, she was Chair of the Labour Law section of the Quebec Division of the Canadian Bar Association, and from 1995 to 2000, she sat on the executive committee of the Canadian Bar Association's National Labour and Employment Law section.

Ms. Tremblay is a founding member and was a director of the Canadian Association of Counsel to Employers from 2003 to 2005.

She is a co-author of Federal Labour Law and Practice, published by Canada Law Book, and author of the chapters on federal employment law of « Le congédiement en droit québécois », published by Yvon Blais. She has also written numerous articles and given various conferences on labour and employment law.

Representative Work

  • Strategic advice and representation of employers in complex files before arbitrators, labour boards and superior courts.
  • Strategic advice and representation of employers in multiple proceedings before the Canada Industrial Relations Board (CIRB) and related proceedings before the Federal Courts in respect of certifications, unlawful strikes, sale of business and common employer proceedings, unfair labour practice complaints, interim relief applications, applications for maintenance of activities during a strike, work jurisdiction disputes, reprisal complaints and change of constitutional status of businesses.
  • Representation of employers under Part II of the Canada Labour Code in various appeal matters, including the structure and functioning of health and safety committees.
  • Negotiation and arbitration of collective agreements.
  • Strategic advice and counsel in several discrimination and psychological harassment claims as well as in several matters pertaining to terminations and unjust dismissal claims.
  • Representation of employers in judicial review applications. 
  • Representation of various employers before labour arbitrators in respect of their right to contract out work to third parties.  
  • Representation of Air Canada before the Canadian Human Rights Tribunal, Federal Courts of Canada and Supreme Court of Canada in respect of complaints seeking the abolishment of mandatory retirement for pilots.
  • Representation of various employers before labour and human rights tribunals in relation to age-based distinctions found in employee benefit plans and the elimination of post-retirement benefits.
  • Representation of Air Canada in final offer selection arbitration held under the auspices of the Protecting Air Service Act.
  • Representation of Air Canada in the first private sector arbitration under the group termination provisions of Part III of the Canada Labour Code.
  • Representation of Air Canada before arbitrator against claim by pilots concerning a profit sharing program negotiated under the Companies' Creditors Arrangement Act.
  • Representation of Air Canada against disclosure request for Air Safety Reports and documents prepared pursuant to the Transportation Safety Board Act in the context of flight safety investigations.

Publications & Presentations

  • Co-Author, Federal Labour Law and Practice, Carswell, 2013.
  • Author of Part VI, chapters 40-43 of Le congédiement en droit québécois, Éditions Yvon Blais.
  • Author, "Workplace Violence under Federal Law: The Employer's Duty to Appoint A Competent Person to Investigate," Employment and Labour Law Reporter (2016), 26 E.L.L.R., April 2016;
  • Author, "Federal Court Limits Definition of "Workplace" Under Part II of Canada Labour Code to Workplaces Controlled by Employer," BLG Labour and Employment Law Bulletin, March 31, 2016;
  • Author, "What about discrimination arising out of a decision of a foreign authority?," BLG Labour and Employment Law Bulletin, September 2015;
  • Co-Author, "Supreme Court of Canada on the Right to Strike could have an impact on the education sector," Employment and Labour Law Reporter, (2015), 24 E.L.L.R., March 2015.
  • Author, "Right to Strike Now Constitutionally Protected," American Bar Association International Labour and Employment Law Committee Newsletter, February/March 2015;
  • Author, "Supreme Court of Canada Landmark Decision: The Right to Strike is Now Constitutionally Protected," BLG Labour and Employment Law Bulletin, February 2015;
  • Author, "Federal Court of Appeal Confirms Federally-Regulated Employers' Right to Dismiss Non-Unionized Employees Without Cause," BLG Labour and Employment Law Bulletin, January 2015.
  • Author, "Unjust Dismissal under the Canada Labour Code: Is There a Distinction between "Just Cause" and "Just Dismissal"?," Heenan Blaikie Workplace Wire, August 1, 2013.
  • Speaker, "Labour relations: Repercussions from the Ruling in B.C. Health Services," Canadian Council of Administrative Tribunals' 5th annual conference, May 2010.
  • Speaker and author, "Fin d'emploi résultant d'un acte discriminatoire : Évaluation de la jurisprudence en matière de redressements dans le secteur fédéral," in ABC des cessations d'emploi et des indemnités de départ, Éditions Yvon Blais, Barreau du Québec, April 2010.
  • Speaker on "Global Economy and Labour Markets in the Americas," RIAL on Labour Migration, Organization of American States, February 2009.
  • Speaker and co-author, "Human Rights Issues in Labour Law: Recent Developments on Substance Testing and Mandatory Retirement," conference at the Canadian Bar Association, Ottawa, November 2008.
  • Co-Author, "The Duty to Accommodate," Even More Questions Frequently Asked in Québec Labour & Employment Law, Thomson/Carswell, (2008), 6:1-22.
  • Speaker and author, "Recent Developments at the Canada Industrial Relations Board," conference at the Canadian Association of Counsel to Employers (CACE) in St. Andrews by-the-Sea, September 2007.
  • Contributor as author in "Canadian Labour and Employment Law for the U.S. Practicioner," 2nd edition, BNA Books, 2006.
  • Speaker, "Expedited Arbitration Process," Ontario Labour Arbitrators' Annual Conference, November 2006.
  • Speaker, "Recent Developments in Quebec Labour and Employment Law," presented at the Canadian Association of Counsel to Employers (CACE) in Whistler, September 2006.
  • Speaker and author, "Restructuring Labour Relations Under the Companies' Creditors Arrangement Act, The Air Canada Experience," conference at the Canadian Association of Counsel to Employers (CACE) in Banff, September 2004.
  • Innovative Language in Collective Agreements, conference organized by Lancaster Labour and Employment Law, Toronto, May 2002.
  • "Downsize with Care," interview in the National Magazine, August-September 2001.
  • Speaker and author, "Weber and O'Leary: Impact on the CLRB's Jurisdiction," conference at the Canadian Bar Association, Vancouver, October 1996.
  • Speaker and co-author, "The Single Employer Concept under the Federal Regime: an Overview of its Application and Recent Developments," labour conference of the Canadian Bar Association, Halifax, October 1996.
  • Speaker and co-author, "Continuation of Bargaining Rights in Contracting Out, Receivership, Bankruptcy and Corporate Reorganization under the Federal Labour Regime," conference at the Canadian Bar Association, Ottawa, November 1995.
  • Co-Author, "Le point sur le pouvoir de l'arbitre d'émettre des ordonnances interlocutoires" (1995), 55 Revue du Barreau 693.
  • Décisions rendues par le Conseil canadien des relations du travail, (1991), 46 Rel. Ind. 204.

Rankings & Recognitions

  • Recognized in The Canadian Legal Lexpert® Directory (Workplace Human Rights, Labour Relations), 2015, 2016 and 2017.
  • Fellow of The College of Labor and Employment Lawyers (2016).
  • Recognized in Who's Who Legal (Labour and Employment and Benefits), 2016 and 2017.
  • Recognized in Who's Who Legal: Canada (Management Labour and Employment), 2016 and 2017.