Clarence Bennett
“I’ve always believed that if you put in the work, the results will come. I don’t do things
half-heartedly because I know if I do, then I can expect half-hearted results.”
Keeping your needs front and centre
Clarence works hard to anticipate his clients’ problems and develops plans to avoid them. An
excellent listener, his clients appreciate that he is easily accessible, efficient, hard working,
practical and responsive. He doesn’t fight for the sake of fighting, but won’t back down when
a fight is necessary.
Representative matters
Clarence works with a broad variety of clients spanning industries such as manufacturing,
trucking, construction and IT. Samples of his work include:
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•
•
Acting on behalf of a manufacturer of gaming machines against an oppression remedy
claim by a former shareholder and employee.
Defending various companies facing human rights complaints by employees claiming
to have been discriminated against because of maternity leave issues, obesity, physical
disability, mandatory retirement, sex, sexual orientation and religion.
Acting for a former court clerk who challenged his dismissal and the law with respect to
the standard of review and procedural fairness to the Supreme Court of Canada.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.444.8978
Direct Fax: 506.444.8974
Email: cbennett@stewartmckelvey.com
Areas of practice
Employment Law
Labour and Employment
Labour Relations
Litigation
Occupational Health and Safety
Pensions & Employee Benefits
Workers’ Compensation
Workplace Human Rights
Construction Law
Trade-mark
Education
Osgoode Hall Law School, York University, LL.M., 2008
University of New Brunswick, LL.B., 2004
St. Thomas University, B.A. (honours), 2001
Bar admission(s)
New Brunswick, 2005
Languages
English
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Member, Canadian Association of Counsel to Employers
Member, Human Resources Association of New Brunswick
President, Board of Directors, Fredericton Non-Profit Housing Corporation
Editor, Atlantic Employers’ Counsel, Stewart McKelvey
Trade-mark agentt
Lecturer, Employment Law, University of New Brunswick College of Extended Learning,
Management Development Program, 2005-2006
Publications
• Fairness, Reasonableness and the Eye of the Beholder, Solicitor’s Journal, Volume 26,
Issue 1 (Spring 2010)
• A Tale of Two Gamblers: The Oppression Remedy and Employee Shareholders,
Commercial Litigation Review, Volume 7, Number 4 (November 2009)
Presentations
• “Top 10 Problems in Workplace Investigations and Protecting Privilege”, “’Risk’ is
Another Four-Letter Word”, Canadian Bar Association--Professional Development
Program, Fredericton, September 28, 2011
• Disability-Related Misconduct: Deciding between Discipline and Accommodation, 2010
Atlantic Human Resources Conference, Delta Fredericton, NB, October 21, 2010
• “Workplace Investigations” seminar, Moncton, NB, November 10, 2010
Hugh Cameron
Exceeding expectations
Hugh’s clients choose Stewart McKelvey because they expect a higher level of ability, service
and results. With over 20 years of experience, Hugh provides timely, practical, cost effective
solutions to his clients’ business challenges.
Representative matters
With over two decades of experience practicing law, some of the ways Hugh has helped his
clients are by:
• Acting as counsel on a construction claim regarding inter-jurisdictional and contractual
interpretation of a claim which involved negotiation, arbitration, judicial review and
appeal.
• Acting as counsel in New Brunswick and Ontario Court appearances for a secured
creditor in the insolvency of a nationwide sales agency.
• Acting as counsel for a secured and mezzanine lender in a multi party inter-jurisdictional
insolvency.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4 Direct Dial: 506.443.0120
Direct Cell: 506.457.8881
Direct Fax: 506.444.8974
Email: hcameron@stewartmckelvey.com
Areas of practice
Insurance
Litigation
Corporate/Commercial
Property and Real Estate Development
Owner Managed Business
Corporate Restructuring and Insolvency
Franchising Law
Construction Law
Financial Services
Education
University of New Brunswick, LL.B., 1989
University of New Brunswick, B.B.A., 1983 Bar admission(s)
New Brunswick, 1990 Languages
English
Ratings
Martindale-Hubbell (CV)
Law society memberships
Law Society of New Brunswick
Activities
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Member,
Member,
Member,
Member,
Member,
Member,
Canadian Bar Association
Compensation Committee, Stewart McKelvey, 2004-2007
Management Committee, Stewart McKelvey, 2007-2008
Recruiting Committee, Stewart McKelvey, 2004-2007
Defense Research Institute (DRI)
Canadian Defence Lawyers (CDL)
J.E. Britt Dysart, q.c.
“Dedication to clients and one’s community leads to success.”
Tailored solutions
Today’s businesses face tough budget constraints, making it crucial that they have trusted
advisors who will anticipate issues and provide solutions. With a thorough knowledge of
his clients’ situations, Britt fills that role and is able to implement solutions quickly and cost
effectively because of his experience and expertise.
Representative matters
Britt has helped a diverse group of clients such as governments, small and large business
owners, banks, established and new market intellectual property companies, and estates and
executors with their complex affairs. Some examples of how he has helped them include:
• Advising business owners on estate planning issues; constructing and implementing
multiple complex reorganizations and estate plans; advising executors on administration
of complex estates; and representing both estates and beneficiaries in legal proceedings
involving estate interpretations and challenges.
• Advising on numerous IP commercialization opportunities, as well as providing
development and funding business advice on national and international transactions and
negotiations.
• Acted for a large US defence contractor in successfully defending a claim of
misappropriation of IP and breach of contract.
• Provided strategic advice to a post secondary educational institution in IP protection and
development strategies.
• Led legal teams in advising various provincial governments on PPP tenders and
procurements, as well as on traditional procurements.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4 Direct Dial: 506.443.0153
Direct Fax: 506.443.9948
Email: bdysart@stewartmckelvey.com
Areas of practice
Asset Based Lending
Asset Securitization
Charities/Not For Profit
Corporate/Commercial
Mergers & Acquisitions
Owner Managed Business
Property and Real Estate Development
Media and Entertainment
Financial Services
Education
Dalhousie University, LL.B., 1986
Dalhousie University, B.A., 1983
Bar admission(s)
New Brunswick, 1987 Queen’s Counsel
2010
Languages
English
Ratings
Martindale-Hubbell (CV)
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Chair, Board of Directors, Junior Achievement of New Brunswick, 2003-present
Treasurer, Junior Achievement of Fredericton, 1999-2003
Former president, Fredericton United Way
Presentations
• Former lecturer in Law to business students at a university.
• Presentations with national C.A. firms on critical estate planning issues.
• Presentation to Saint John Board of Trade on Critical PPP transactional and legal issues.
Melissa Everett Withers
“I take pride in doing quality work for my clients. I don’t think there is any point in
going to work, no matter what your job, if you’re not going to give it your best.”
Willingness to go the distance
Especially in light of the recent economic climate, Melissa ensures that her clients receive the
best value and highest quality service possible. She is a hard worker who is always ready to
put in whatever effort is necessary to achieve the best results for her clients.
Representative matters
Melissa works with clients on a wide range of issues including representing employers in
responding to grievances and wrongful dismissal actions, representing insurance companies
in claims defence, as well as advising employers with respect to proper termination and
disciplinary procedures. Always looking to expand her client base, Melissa’s clients include,
but are certainly not limited to:
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Large industry employers
Insurance companies
Professional corporations
Individuals
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0131
Cell: 506.470.9649
Direct Fax: 506.444.8974
Email: meverettwithers@stewartmckelvey.com
Areas of practice
Labour and Employment
Litigation
Insurance
Education
University of New Brunswick, LL.B., 2007
St. Thomas University, B.A., 2004
Bar admission(s)
New Brunswick, 2008
Languages
English
Law society memberships
Law Society of New Brunswick
Activities
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•
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•
Member,
Member,
Member,
Member,
Canadian Bar Association
Canadian Defence Lawyers
board of directors, Chalmers Regional Hospital Foundation
board of directors, York Sunbury Law Society, 2008-2011
Publications
• “Court of Appeal Upholds Random Alcohol Testing in Inherently Dangerous Workplace”,
Atlantic Employers’ Counsel, Fall 2011
• “Still a Tough Nut to Crack - Punitive Damages in Wrongful Dismissal Actions”, Atlantic
Employers’ Counsel, Fall 2010
• “New Brunswick Expands Scope of Pay Equity Legislation”, Atlantic Employers’ Counsel,
Summer 2010
• “Baby Steps: Ottawa’s Plan for Pension Legislation Reform”, Atlantic Employers’ Counsel, Spring 2010
• “Excluding “Casual” Employees from the Public Service Labour Relations Act Violates the
Freedom of Association Guaranteed by Charter”, Atlantic Employers’ Counsel, Summer
2009
• “Supreme Court of Canada Confirms Courts may not “Save” Vague or Unreasonable
Restrictive Covenants”, Atlantic Employers’ Counsel, Spring 2009
• “Tax Considerations on Termination of Employment”, Atlantic Employers’ Counsel, Winter
2009
Presentations
• Panelist, Labour and Employment Group, “Start Smart” Breakfast Seminar on Hiring
Practices, June 4, 2010
• Panelist (representing employers’ interests and concerns), “Taking Stock: Looking Ahead:
A Forum on Human Rights and Pay Equity”, sponsored by New Brunswick Human Rights
Commission, December 8, 2009
Erin Hardy
“If I could teach my child one thing, it would be to always finish what you start.”
Structuring deals that work
In the current economic times, many businesses are struggling to secure proper financing.
Erin understands just how vital this financing is to her clients, and works with them, and
financial institutions, to ensure both parties secure a deal that suits their needs.
Representative matters
Erin brings to the table efficient and reliable service with the knowledge and experience of a
job well done. She also brings perseverance – closing deals that would have otherwise fallen
through. To Erin, it’s all about getting the job done right the first time. Her clients include:
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Universities
Manufacturers
IT companies
Real estate companies
Individuals
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.444.9860
Direct Fax: 506.444.8974
Email: ehardy@stewartmckelvey.com
Areas of practice
Corporate/Commercial
Litigation
Property and Real Estate Development
Education
University of New Brunswick, LL.B., 2006
University of New Brunswick, B.Sc., 2002 Bar admission(s)
New Brunswick, 2008
Nova Scotia, 2007 Languages
English
Law society memberships
Nova Scotia Barristers’ Society
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Chair, New Brunswick Branch, Real Property Section, Stewart McKelvey, 2009-present
Chair, New Brunswick Branch, Law Day, Stewart McKelvey, 2008-present
Chair, Property Law Advisory Committee, Stewart McKelvey, 2010-present
Member, NBkid: Healthy Families, Fredericton Chapter, Healthy Communities Association
Gérard La Forest, C.C., Q.C.
Wise advice
Describing Gérard as having a wealth of experience and knowledge does not do him justice.
A Q.C. since 1968, the author of six books, and the recipient of nine university degrees, he
has both practiced law and taught it. Gérard now acts as counsel for Stewart McKelvey.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0135
Direct Fax: 506.444.8974
Email: glaforest@stewartmckelvey.com
Areas of practice
Government/Regulated Industries
Litigation
Environmental
Labour and Employment
Education
Yale University, J.S.D., 1966
Yale University, LL.M., 1965
Oxford University, M.A., 1956
Oxford University, B.A. (jurisprudence), 1951
University of New Brunswick, B.C.L., 1949
St. Francis Xavier, 2 years Arts
Bar admission(s)
New Brunswick, 1949
Queen’s Counsel
1968
Languages
English
French
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Member, International Law Association
Member, International Commission of Jurists
Member, Canadian Counsel International Law
Director, Canadian Pension Plan, 1998-1999
Judge, Supreme Court of Canada, 1985-1997
Judge, Court of Appeal of New Brunswick, 1981-1985
Appointed a Companion of the Order of Canada, 2000
Publications
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Disallowance and Reservation of Provincial Legislation (Ottawa, 1955) (reprinted 1965)
Extradition To and From Canada (New Orleans, 1961), 2nd ed. 1977
The Allocation of Taxing Power Under the Canadian Constitution (Toronto, 1967), 2nd ed.
1981
Natural Resources and Public Property Under the Canadian Constitution (Toronto, 1969)
(With others) Le Territoire Québécois (Montreal, 1970)
(With associates) Water Law in Canada - The Atlantic Provinces (Ottawa, 1973)
Presentations
• Lecturer in law, McGill University, 1971-1979
• Professeur à la leçon, Unviersité d’Ottawa (Droit civil Maitrise), 1971 1978
• Visiting professor of law, Université de Montréal, 1962 1963
Debora Lamont
Service driven and results oriented
In today’s tough economy, budgetary restraints are a reality facing businesses. Mindful of this,
Debora provides efficient legal services and delegates where possible to control the costs of
litigation.
Representative matters
Working with clients such as insurers, financial institutions and individuals involved in estate
litigation, some examples of the services Debora has performed for her clients include:
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Acting on behalf of a lottery organization in a breach of contract claim against the
manufacturer of break-open tickets.
Representing an estate in litigation resulting from imprudent transactions against a bank
and lawyer.
Acting for a major financial institution in a claim for fraud and negligent misrepresentation
against a car dealer after the client suffered a multi-million dollar loss.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0125
Direct Fax: 506.444.8974
Email: dlamont@stewartmckelvey.com
Areas of practice
Litigation
Insurance
Life and Disability
Estate Planning & Litigation
Corporate Restructuring and Insolvency
Education
University of New Brunswick, LL.B., 2003
St. Thomas University, B.A., 1999
Bar admission(s)
New Brunswick, 2004
Languages
English
Law society memberships
Law Society of New Brunswick
Activities
• Member, Canadian Bar Association
• Member, Canadian Defence Lawyers
• Member, Board of Directors, Easter Seals March of Dimes New Brunswick
E. Anne MacLean
“Injustice anywhere is a threat to justice everywhere.”
- Martin Luther King, Jr.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.444.6984
Email: amaclean@stewartmckelvey.com
Areas of practice
Labour & Employment
Litigation
Education
University of New Brunswick, LL.B., 2008
Atlantic Baptist University, B.Ed., 2003
University College of Cape Breton, B.A. (honours), 2001
University College of Cape Breton, B.B.A., 2000
Bar admission(s)
New Brunswick, 2009
Languages
English
Law society memberships
Law Society of New Brunswick
York Sunbury Law Society
Activities
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Member,
Member,
Member,
Member,
Canadian Bar Association
Christian Legal Fellowship
Catholic Civil Rights League
Catholic Women’s League
Allison McCarthy
Holding the line
Allison brings the ability to negotiate a resolution that is in line with his client’s needs. He is
effective and efficient, and helps them identify the areas of critical importance to their goals
and the areas they have flexibility on to make the deal work.
Representative matters
Allison helps his clients by:
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Acting on behalf of real property purchasers in the acquisition of apartment buildings,
shopping centres and mobile home parks and all of the related financing work.
Planning and implementing estate plans, estate freezes and purifications for ownermanaged businesses.
Acting on behalf of both vendors and purchasers in business transfers, both for asset
sales and share sales.
Acting for lenders in venture capital financing through all stages of the negotiation, due
diligence, document preparation and closing.
Representing provincial governments with respect to P3 infrastructure projects for
schools, hospitals and communications infrastructure.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4 Direct Dial: 506.444.8977
Direct Cell: 506.461.2218
Direct Fax: 506.444.8974
Email: amccarthy@stewartmckelvey.com
Areas of practice
Corporate/Commercial
Tax
Owner Managed Business
Securities/Corporate Finance
Property and Real Estate Development
Corporate Restructuring and Insolvency
Education
University of New Brunswick, LL.B., 1991
St. Thomas University, B.A., 1987 Bar admission(s)
New Brunswick, 1992 Languages
English
Ratings
Lexpert - Banking (Including Financial Institutions Regulatory Law)
Best Lawyers: Banking and Finance, 2012
Martindale-Hubbell (BV)
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Office partner, Fredericton, Stewart McKelvey, 2009-present
Member, Board of Directors, Enterprise Fredericton, 2007-present
Member, Canadian Tax Foundation
Frederick McElman, C.M., Q.C.
“I always keep the client’s desired outcomes front - of - mind to foster the
development of creative and effective legal solutions.”
Precise analysis
Resolving complex legal issues while faced with tight internal budgets and timelines is a
challenge facing Fred’s clients. With extensive experience in commercial law, litigation
and administrative law, Fred achieves results by developing a solution to the problem and
assigning the appropriate lawyers and resources to achieve the outcome.
Representative matters
Working with a diverse group of clients which include government and quasi-government
bodies, professional associations, boards of directors, construction firms, vendors and
purchasers of businesses, some of the examples of the services Fred has performed for his
clients include:
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Acting as legal counsel to a high profile advisory board appointed to give strategic advice
to the lenders and creditors of a large industrial/construction venture.
Drafting and guiding private acts through the legislative process for 10 professional
associations.
Acting as counsel to receivers and trustees on significant insolvency cases.
Serving as litigation defence counsel in a $48 million legal action involving the largest
private construction project in the province.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4 Direct Dial: 506.444.8979
Direct Fax: 506.444.8974
Email: fmcelman@stewartmckelvey.com
Areas of practice
Litigation
Securities/Corporate Finance
Technology and Intellectual
Property
Corporate Restructuring and Insolvency
Banking
Property Development (Real Estate; Land Use Planning/Municipal)
Construction
Labour & Employment
Class Actions
Education
Harvard University, LL.M., 1979
University of New Brunswick, LL.B., 1978
University of New Brunswick, B.B.A., 1972 Bar admission(s)
New Brunswick, 1978 Queen’s Counsel
2006
Languages
English
Ratings
Lexpert - Banking (Including Financial Institutions Regulatory Law)
Lexpert - Computer and I.T. Law
Lexpert - Intellectual Property Law
Best Lawyers: Banking and Finance, 2012
Martindale-Hubbell (BV)
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Member, Business Development Committee, Stewart McKelvey, 2008-2009
Member, Order of Canada
Trade-mark agent, 2002
Chair, Plan International Inc., 1993-2002
Presentations
• Frequent presentations to professional associations and boards on effective governance,
regulatory matters and professional discipline.
Gordon Petrie, Q.C.
“It is only the whale that surfaces that gets harpooned.”
Hit your stretch goals
With over 40 years of experience practicing law, Gordon provides his clients with solid advice,
built on a backbone of honesty, competence and integrity. He was honoured to accept an
honorary LL.D. from the University of New Brunswick in 2009.
Representative matters
As a leader in labour and employment law and corporate and commercial litigation, Gordon
uses his vast experience to help universities, municipalities, manufacturers and individuals.
Examples of his work include:
• Acting as lead counsel on several leading cases in the labour and employment field
(such as St. Anne Nackawic, Dunsmuir).
• Acting as counsel in several judicial inquiries over the years (such as Hughes &
Arseneault inquiries).
• Acting as University Solicitor for UNB and provided labour advice to other universities.
• Acting as lead counsel on major claim involving corporate issue (such as Spielo).
• Providing advice to various public bodies concerning employment, administrative law
issues and Right to Information disputes.
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0150
Direct Fax: 506.444.8974
Email: gpetrie@stewartmckelvey.com
Areas of practice
Labour and Employment
Litigation
Construction Law
Employment Law
Education
University of Michigan, LL.M., 1965
University of New Brunswick, LL.B., 1964
University of New Brunswick, B.A., 1962
Bar admission(s)
New Brunswick, 1965
Queen’s Counsel
1984
Languages
English
Ratings
Lexpert - Employment Law
Lexpert - Litigation - Corporate Commercial
Best Lawyers, Labour and Employment Law, 2006, 2008-2012
Best Lawyers, Corporate and Commercial Litigation, 2011-2012
Martindale-Hubbell (AV)
Law society memberships
Law Society of New Brunswick
Activities
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Member, Canadian Bar Association
Member, Ethics Committee, New Brunswick Law Society
Member, Canadian Association of University Solicitors
Member, American College of Trial Lawyers
Member, Practice Advisory Panel, Canadian Labour & Employment Law Journal
Richard Petrie
“The best advice I give to my son to improve his basketball game is something I take
from my experience: the harder you work, the luckier you get!”
Reach your stretch goals
Richard knows there isn’t a cookie cutter approach to solving most workplace problems. As
a leading expert in the fields of labour relations law, employment law and workplace human
rights law, he fully understands the issues at stake for his clients and helps them overcome
any obstacle, with the appropriate measure of urgency and responsiveness.
Representative matters
Employers face significant challenges in today’s rapidly evolving workplace. For instance,
discipline, absenteeism, and disability related issues remain a constant concern for
employers to manage appropriately. Richard knows his clients; understands the challenges
they face; and obtains the results his clients want. His clients include:
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Municipalities
Forestry and related manufacturing
Trucking/Transportation
Auto dealerships
Universities
Airports
Energy
Financial services
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0155
Cell: 506.447.2630
Direct Fax: 506.444.8974
Email: rpetrie@stewartmckelvey.com
Areas of practice
Employment Law
Energy and natural Resources
Labour and Employment
Labour Relations
Occupational Health and Safety
Pensions & Employee Benefits
Workers’ Compensation
Workplace Human Rights
Education
University of Illinois, LL.M., 1991
University of New Brunswick, LL.B., 1990
University of New Brunswick, B.A., 1987
Bar admission(s)
New Brunswick, 1992
Languages
English
Ratings
Best Lawyers: Labour and Employment Law, 2006, 2008-2012
Lexpert (Employment Law)
Lexpert (Labour Relations)
Lawday’s Leading Lawyers 2009 (Employment Law)
Martindale-Hubbell (CV)
Law society memberships
Law Society of New Brunswick
Activities within the firm
• Member, Canadian Bar Association
• Member, Partnership Board, Stewart McKelvey, 2008 to present
• Current chair, Human Resources and Governance Committee, Partnership Board,
Stewart McKelvey
• Past practice manager, New Brunswick Labour and Employment Group, Stewart
McKelvey
• Past manager, New Brunswick Firm Marketing, Stewart McKelvey
Nick Russon
Contact information
Suite 600, Frederick Square
77 Westmorland Street
P.O. Box 730
Fredericton, NB, Canada
E3B 5B4
Direct Dial: 506.443.0128
Direct Cell: 506.292.3615
Direct Fax: 506.444.8974
Email: nrusson@stewartmckelvey.com
Education
University of New Brunswick (LL.B., 2007)
University of New Brunswick (BSc., 2003)
University of New Brunswick (B.A., 2003)
Bar admission(s)
New Brunswick, 2008
Languages
English
Law society memberships
Law Society of New Brunswick
Activities
• Member, Canadian Bar Association