Brendan McCutchen

Lawyer

EDUCATION

  • Call to the Bar, 2011
  • University of Toronto, LL.B., 2010

MEMBERSHIPS

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

Brendan is a committed and 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 and their bargaining agents before a variety of administrative tribunals—the Workplace Safety and Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, the Canadian Industrial Relations Board, the Ontario Labour Relations Board (OLRB) and labour arbitrators⁠. Brendan has given yearly presentations as part of Osgoode Hall’s Certificate in Labour Law program and regularly speaks 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’ right 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 Drug & Alcohol 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.
The Nuances of Drafting Collective Agreements
Since 2011, Brendan has provided strategic advice and representation to a variety of unions in collective bargaining, including in the manufacturing and arts sectors. He is expert at drafting and refining collective-agreement language, and incorporating legislative and useful case law developments into collective agreements.
Avoiding Protracted Litigation
In his construction industry organizing work, Brendan is diligent and strategic. As one of many examples, in 2018 the OLRB granted a union client a certificate simply on the basis of the parties’ pleadings, thereby avoiding protracted litigation on a variety of issues and allowing the union to move forward and represent the employees in a timely manner.

Here to Help

Enlist objective advice and committed legal representation. Whatever your challenge—no matter how fundamental or involved—Wright Henry will help you navigate the shoals and arrive at the best possible destination. We offer wide-ranging expertise and a proven record of success.