Carl Cunningham

Carl Cunningham provides strategic employment advice to management (including the on-boarding and separation of C-Suite executives) and frequently provides advice regarding the transfer of employees in complex corporate transactions.

Carl's practice includes advising both federally and provincially regulated employers regarding all aspects of employment law. Carl assists employers in establishing the employment relationship, such as drafting and negotiating employment contracts, change of control agreements and workplace policies, and complying with applicable legislation, such as employment standards, health and safety and the Human Rights Code. He also provides strategic advice to clients on issues that arise during the course of the employment relationship, such as managing absenteeism, use of independent contractors, accommodating injured workers, administering discipline and responding to allegations of workplace harassment. In the event that the employment relationship ends, Carl provides employers with guidance on cost effective ways to structure termination packages and headcount reductions.

In addition to providing employers with strategic advice, Carl also represents employers in a broad range of employment disputes. He frequently attends mediations and appears in the Superior Court of Justice on wrongful dismissal litigation and claims relating to breach of post-employment obligations, including moving for and responding to injunctions. Carl also represents employers at labour- and employment-related tribunals, including the Ontario Human Rights Tribunal, Canada Industrial Relations Board, the Ontario Labour Relations Board, boards of arbitration, and Coroner's Inquests.

Carl also advises on employee privacy law issues.

Carl is recognized as one of Canada's "Leading Lawyers under 40" in the 2014 edition of Lexpert's annual Rising Stars awards.

Select Experience

• The Government of Bermuda, as Chief Legal Advisor, in connection with the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport. Read more
• Tervita Corporation, in connection with completing a $3.6 billion recapitalization transaction under the CBCA.  Read more
• Kissner Holdings LP, in connection with its $400,000,000 notes offering and related refinancing transactions. Read more

Recent Publications

• Public Mergers and Acquisitions in Canada
• 2017 Federal Budget: Update for Employers
• Directors' Duties in Canada, 6th ed.

Blog Posts

• On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability
• Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus
• Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

Recent Recognitions

• 2015, Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada

  Carl Cunningham, recognized as a corporate lawyer to watch

• 2014, Lexperts Rising Stars Leading Lawyers Under 40

  Carl Cunningham, recognized as one of Canada's leading 40 lawyers under 40

News & Speaking Engagements

• Bennett Jones Academy Series: Employment Services Update: What's New and What Employers Need to Know
• 2016 Bennett Jones Employment Symposium
• Canadian Cannabis Business Conference