justine b. laurier

JUSTINE B. LAURIER
Partner
T 514.954.2558
Labour and Employment Law
F 514.954.1905
Healthcare Human Resources and Labour Relations
Montréal
[email protected]
http://ca.linkedin.com/pub/justi
ne-b-laurier/3/a0a/272
Education / Bar Admissions
EXECUTIVE SUMMARY
LLB, Université de Montréal, 2004
Justine B. Laurier has practiced labour and employment law since joining the Barreau du Québec in 2009. Her practice spans all areas of labour and employment law, focusing on defending the interests of both unionized and non-unionized employers.
M.Pol.Sci., Université de Montréal, 2007
Graduate, Microprogram in Law and
Labour, Université de Montréal, 2012
Québec, 2009
She advises employers with respect to the reorganization of their activities, the prehiring and hiring of employees, employee management (performance-related issues,
investigations in the workplace, disciplinary measures, disability, etc.), labour relations,
individual and collective terminations, occupational health and safety matters and
human rights issues.
Completed her Barreau du Québec articling period with the International
Labour Standards Department of the
International Labour Office, Geneva,
2009
Justine also has recent hands-on experience in restrictive covenant litigation. Her
practice focuses on the application and interpretation of restrictive covenants, more
particularly the confidentiality, non-solicitation, and non-competition clauses that are
included in her clients' contracts of employment and service contracts.
Professional Involvement
REPRESENTATIVE WORK
Member, Canadian Association of
Counsel to Employers

Acted for CiToxLAB Group Inc. in connection with its acquisition of AccelLAB
Inc.
Member of the executive committee of
the Québec Branch’s Labour and
Employment Section, Canadian Bar
Association

Represented Montréal Gateways Terminals ("MGT") in the case of Singh et al.
v. Montréal Gateways Terminals et al. The plaintiffs, who were of the Sikh
religion, were alleging that a mandatory health-and-safety-related policy
implemented by MGT, requiring all individuals entering its terminal in the Port
of Montréal to wear a protective helmet, infringed their rights of freedom of religion and equality. The Honourable Justice André Prévost confirmed that MGT was entitled to require that persons of the Sikh religion wear such hard
hats over their turbans, despite their religious beliefs prohibiting them from
doing so, where there was an actual risk of accidents justifying that measure.
In fact, the impugned policy had been established to comply with legal
obligations, was adopted in good faith by MGT and was reasonably necessary
for the truck drivers to undertake their work. Although MGT had attempted to
accommodate the plaintiffs, there was no alternative measure that could
enable them to perform their work safely. For those reasons, the policy was
held to be fully justified, as Justice Prévost concluded that the beneficial effects
of MGT's policy trumped its adverse effects on the plaintiffs' religious freedom.
Member, Canadian Bar Association
Member, Québec Bar Association
Community Involvement
​Member of the Human Resources
Committee, Dress for Success
Lawyers | Patent & Trademark Agents.
© 2016 Borden Ladner Gervais LLP ("BLG"). All rights reserved.

Acts as a strategic advisor in cases connected with prevention, planning and
management of both individual and collective labour relations and human
resources.

Represents employers before civil courts, the Tribunal administratif du travail
(Labour Administrative Tribunal) in labour relations and occupational health
and safety matters, and grievance arbitrators.

Drafts labour agreements and individual employment contracts, as well as
confidentiality, non-solicitation and non-competition clauses.

Advises employers on psychological harassment investigations in the
workplace and provides training to employers on this matter.

Acts as a trainer and speaker to assist managers working in all types of
organizations. In so doing, she works closely with employers in order to
provide training programs tailored to their specific needs, especially with
respect to the administrative and disciplinary management of employees,
investigations of psychological harassment complaints and the use of social
media in the workplace.
PUBLICATIONS & PRESENTATIONS
Publications

Co-Author (Francesca Taddeo), "Decision justifies safety over religious rights,"
The Lawyers Weekly, December 9, 2016. (This article originally appeared in
the Dec. 9, 2016, issue of The Lawyers Weekly published by LexisNexis Canada Inc.)

Co-Author (Francesca Taddeo), "Singh et al. c. Société Terminaux Montréal
Gateway et al. : La santé et la sécurité priment sur la liberté de religion," The
Canadian Bar Association, Québec Branch, October 18, 2016.

Author, "May a Québec Employer Require that a Candidate Undergo a PreHiring Medical Examination Without Making a Conditional Offer of
Employment?," Lexology, July 4, 2016.

Author, "Identifying Cyber Risks," HR Professional Magazine, May-June 2015.

Co-Author, "L'utilisation de la preuve recueillie par l'entremise des médias sociaux en arbitrage de griefs," Arbitrage de griefs – Deuxième Colloque,
Volume 20, Éditions Yvon Blais, Montréal, 2014, pages 165 – 226.

Co-Author, “Jurisprudence récente sur les clauses de non-concurrence en matière de contrats de travail et de conventions commerciales (“Recent Case
Law on Non-Competition Covenants With Respect to Employment Contracts
and Commercial Agreements”),” Service de la formation continue (CLE) du
Barreau du Québec - Développements récents en droit de la non-concurrence,
Volume 377, Éditions Yvons Blais, Montréal, 2013.

Co-Author, “Québec Law: The Top 10 Reasons Not to Prematurely Terminate an Employment Relationship,” BLG’s Not-For-Profit and Charity Law in Canada
Blog, October 23, 2013.

Participated in writing the chapters on restrictive covenants in individual
employment contracts and on the employee's duty of loyalty upon termination
of employment (Chapters 10 and 11) of the publication of R. Bonhomme and M. Le François et al, Le congédiement en droit Québécois en matière de
contrat individual de travail, 3rd Ed., Cowansville, Québec: Éditions Yvon Blais Lawyers | Patent & Trademark Agents.
© 2016 Borden Ladner Gervais LLP ("BLG"). All rights reserved.
(1991), looseleaf, updated three times a year.
Presentations

Interview, "Des sikhs devront troquer leur turban pour un casque, selon un
jugement," L'actualité, September 22, 2016.

Interviewed on cyber risks, "Techno pour tous," Canal Argent, January 7, 2015.

"L'administration et l'utilisation de la preuve obtenue par l'entremise des média sociaux", conference organized by the National Assembly, November, 2014.

"Droit immobilier et responsabilité des gestionnaires et propriétaires d'immeubles, que faut-il savoir?," conference organised by Contech at the
Grande rencontre sur la gestion immobilière, Montréal, May 2014.

"Les médias sociaux et le milieu de travail : gérer et encadrer l'ère 2.0," conference organised by Ultimate Software, April 2014.

"La dénonciation ou le 'whistleblowing' : responsabilités et obligations en matière de relations de travail," training offered to the Association des Ingénieurs-Conseils du Québec, Montréal, April 2014.

Luncheon presentations on various developments in labour and employment
law, given to clients of the firm

"Notion élargie de l'accident de travail," a conference sponsored by the Conseil
du Patronat du Québec (Québec Employers' Council), April 2012.

"La Convention sur la protection et la promotion de la diversité des expressions
culturelles : Regard critique, impact symbolique?," Revue française de science
politique, (Guy Lachapelle ed.), 2008.
RANKINGS & RECOGNITIONS

Justine was listed as a candidate for the Academic Excellence Award of the
Dean of Concordia University (2005) — a prerequisite for a Masters in Political
Science.
ABOUT BORDEN LADNER GERVAIS LLP
Borden Ladner Gervais LLP (BLG) is a leading, national, full-service Canadian law firm
focusing on business law, commercial litigation and arbitration, and intellectual property
solutions for our clients. BLG is one of the country’s largest law firms with more than
725 lawyers, intellectual property agents and other professionals in five cities across
Canada. We assist clients with their legal needs, from major litigation to financing to
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© 2016 Borden Ladner Gervais LLP ("BLG"). All rights reserved.