Lyndsay advises and assists management with respect to all areas of employment and labour law, including advising on hiring, performance management, employment standards, human rights laws and employment terminations, as well as drafting or reviewing employment contracts, compensation plans and employment policies. Lyndsay advocates for clients in wrongful dismissal actions, human rights applications, workers' compensation claims, complaints to the Ministry of Labour, and matters before the Ontario Labour Relations Board and the Canada Industrial Relations Board.
Lyndsay is also a Certified Information Privacy Professional/Canada and the Co-Chair of McMillan's Privacy Group. She regularly advises and assists clients on a broad range of privacy issues, including advising on access requests, privacy breaches, workplace privacy issues (e.g., background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, and transferring personal information across borders, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data sharing agreements and consent forms. Lyndsay regularly writes and speaks on privacy-related topics, and is the co-author of Privacy in the Workplace, 3rd
ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide.
Lyndsay also regularly provides advice and assistance to vendors and purchasers with respect to the employment and privacy aspects of corporate transactions, including negotiating the employment and privacy terms of purchase agreements, evaluating employment issues in the transaction, and drafting offer letters and other contracts for transferring employees.
- Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
- Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)
- Employment and Labour counsel representing both seller and buyers in multiple corporate transactions
Current Issues in Privacy Law and CASL
Cybersecurity Landscape in 2015 – Recent Trends and Developments
Drafting Employment Contracts
Privacy in the Workplace
Workplace Privacy - Social Media Checks
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
Preventing and Responding to Privacy Breaches in the Workplace
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Summary Judgment and Mini Trials in Employment Law Cases
Cybersecurity and the Internet of Things
Privacy and Cybersecurity Issues in Canadian M&A Transactions1
Cybersecurity and the Internet of Things
Introducing Safe Harbour 2.0: the EU-US Privacy Shield
Can you keep a secret? The courts recognize a new tort for public disclosure of private facts
Cybersecurity – The Legal Landscape in Canada
McMillan Cybersecurity Article Series
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Ashley Madison – A new era in privacy class actions for Canada?
Flag on the Play?
Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations
More Changes to Cyber Security Laws on the Horizon?
McMillan Privacy Basics Bulletin Series
Data Protection Agreements
Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods
Breach Response Plans
PIPEDA Changes Finally Pass
Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Off-Colour/Off-Duty – Termination of Hydro One Employee Garners Media Attention
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Managing Your Privacy Risk, An In-House Guide
Age Discrimination in Benefit Plans - Talos v Grand Erie District School Board
Are Contractual Termination Provisions Reliable?
Top Five Workplace Privacy Questions
Privacy in the Workplace, 3rd Edition
proposed amendments to the ESA – new leaves for Ontario employees?
juries punish employers: two recent cases highlight the risk of treating employees poorly1
Social media background checks in Canada – Do the risks outweigh the rewards?1
overtime class actions – leave to appeal denied
Ontario Court of Appeal recognises new tort for invasion of privacy
employees have a reasonable expectation of privacy in workplace computers, says Supreme Court
on the hook: employer liability for traffic accidents caused by cell phone usage
harassment in the workplace: limitations on an employer's responsibilities
racism – is speculation enough?
seclusion intrusion: a common law tort for invasion of privacy
Background Checks – Uncovering Ominous Pasts
employee privacy rights finally recognized?
Workplace Violence and Harassment: New Obligations Under the Occupational Health And Safety Act
More Restrictions on Restrictive Covenants: The SCC's Decision in Shafron v. KRG Insurance Brokers (Western)
Application of Privacy Laws to Employee Information in a Sale of Business
The Importance of an Anti-Discrimination Policy
Family Fun in February?
Uh Oh Overtime!
Dismissal Before Conviction: Can an Employee Charged with a Criminal Offence be Dismissed for Cause?
Book Review – International Labour Standards: Globalization, Trade and Public Policy
Pension Surplus Distribution on a Partial Wind Up: The Supreme Court of Canada's Decision in Monsanto Canada Inc.
Case comments published in the 'Employment and Labour Law Reporter' on the following cases:
- Osgoode Hall Law School, LLB - 2003
- York University, Specialized Honours Bachelors Degree in Psychology (summa cum laude) - 2000
Year Of Call
- Called to the Ontario bar - 2004
employment and labour relations
privacy and data protection
harassment and discrimination
freedom of information and access to information
banking, finance and insurance
manufacturing, distribution and retail
media, communications and entertainment
Directorships and Professional Associations
- International Association of Privacy Professionals
- Ontario Bar Association
- Canadian Bar Association
- Toronto Lawyers Association
Awards & Rankings
Lyndsay is the recipient of multiple Awards in Law, including the Bronze Medal and prizes for placing first in first year law at Osgoode Hall Law School. A complete list of her legal Awards is as follows:
- The Bronze Medal, Osgoode Hall Law School
- Carswell Prize – for placing first in first year law at Osgoode Hall Law School
- McCarthy Tetrault Prize – for placing first in first year law at Osgoode Hall Law School
- McMillan Prize in Contracts
- STEP Prize for Trusts and Estates
- Martin J. Rochwerg Prize in Tax, Estates & Trusts Law
- Shibley Righton LLP Prize in Taxation
- "Why your iPhone security may soon be at risk" The Business of Law - BNN, February 19, 2016
- "Cybersecurity Liability Come to the Boardroom", by Sandra Rubin, Lexpert, October 5, 2015
- "Disclosure inconsistent as Canada data breaches multiply", by Gary Stoller, Third Certainty, October 1, 2015
- "Are companies doing enough to avoid data breaches?", The Business of Law - BNN, August 7, 2015
- "Risks and rewards of social media employment screening" by Liz Foster, Canadian HR Reporter TV, July 2015
- "School's our for the summer...but teacher strikes loom", The Business of Law - BNN, July 17, 2015
- "Vital to balance employee privacy with security" by Jennifer Brown, Canadian Lawyer, May 25, 2015
- "Managing your privacy risk" by Pablo Fuchs, National Magazine, April 2014
- "Beware! Big Brother culture will have adverse effect on creativity, productivity" by Dan Ovsey, Financial Post, February 26, 2014
- "Privacy in the private sector workplace" by Christine Sopora, National Magazine, February 14, 2014