Brendan McCutchen (He/Him)

Lawyer

CONTACT INFORMATION

bmccutchen@wrighthenry.ca
416 306 8273

EDUCATION

  • Call to the Bar, 2011
  • University of Toronto, J.D., 2010

MEMBERSHIPS

  • Canadian Association of Labour Lawyers

  • Ontario Bar Association (former executive, Labour and Employment Law section)

Brendan is a partner at the firm, and a passionate advocate for the rights of workers and their unions. He has particular expertise with respect to union organizing, collective bargaining, the construction industry, and workers’ compensation.

Since 2011, Brendan has appeared on behalf of workers or their bargaining agents before a variety of administrative tribunals and the courts, including in some of the most important labour and employment cases in recent years. He is a practical and creative lawyer. Brendan sees the value of early dispute resolution, but is equally comfortable litigating matters with sophistication and good sense.

Brendan is also a regular speaker at legal community seminars and at client training programs.

Brendan has a working-class background and is the first generation of his family to attend university. That background has given Brendan a deep and empathetic understanding of the systemic obstacles that workers face in Canadian society, and ignited his dedication to progressive workers’ rights activism.

Brendan is a past member of the Ontario Bar Association’s Labour and Employment Law section executive and, since 2018, has been a member of the board of directors for the legal aid clinic Industrial Accident Victims Group of Ontario.

Recent Representative Work

Challenging Random Alcohol & Drug Testing

Brendan has represented the Society of United Professionals since 2018 (with Michael Wright) in challenging random drug and alcohol testing for a variety of personnel at nuclear facilities. The litigation involves parties covering much of Canada and a complex regulatory scheme engaging human, constitutional and collective agreement rights. He is a key member of the team that obtained injunctions both at arbitration and at the Federal Court of Canada pending a determination of these rights

The Right to Sue

Brendan was counsel (with Danielle Stampley) to Jan Morningstar in her application for judicial review of two Workplace Safety and Insurance Appeals Tribunal “right to sue” decisions. The Divisional Court set aside the two decisions in one of the most significant workers’ compensation/employment law judgments in recent years.

Gig Economy Organizing

Since 2020, Brendan has represented the United Food and Commercial Workers Canada (with Michael Wright) in the union’s efforts to organize Toronto-area Uber Black drivers. The Ontario Labour Relations Board issued a ground-breaking decision on gig economy status issues in UFCW Canada’s favour in summer 2020.

Here to Help

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