Catherine Coulter | Fraser Milner Casgrain LLP

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Catherine P. Coulter LL.B., B.Mus.A, Counsel

Catherine Coulter is the Ottawa office's employment law representative.

Catherine’s practice is divided between employment litigation and advising, and general corporate/commercial litigation. Catherine provides daily advice to management-side employers in high tech and other industries and works with her clients to develop comprehensive employment contracts and policies to limit liability and ensure regulatory and legal compliance. Catherine is also highly experienced in both privacy law and alternative dispute resolution, and her practice includes advising and advocacy in relation to various federal regulatory bodies.

Catherine regularly speaks at seminars on a variety of employment and privacy topics. In 1992, Catherine qualified as a solicitor in England and Wales, where she practised for a year in Cambridge. Catherine also practised in Fraser Milner Casgrain’s Toronto offices for several years before moving to Ottawa.

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Representative Work

Employment counsel to RjR Innovations in its acquisition from PricewaterhouseCoopers of the QSignOn business

Canadian Counsel to Embla Systems, Inc. on its acquisition of Covidien Group S.A.R.L.

Canadian Counsel to Integrated Device Technology, Inc. on its acquisition of Tundra Semiconductor Corporation

Appeal to the Federal Court of Appeal on ruling of the Tax Court of Canada regarding the distinction between employees and independent contractors

Acted as Canadian counsel to Irdeto Holdings on its $72.5 million acquisition of Cloakware Inc., a Virginia-based software company (November 2007)

Preparing termination of employment documentation and severance packages, and negotiating settlements with claimants

Drafting of employment policies, procedures and employee manuals for federally and provincially regulated employers

All employment-related aspects of acquisitions by U.S. companies of Canadian companies, including drafting of related provisions of share and asset purchase agreements and related retention and employment agreements

Successful Tax Court of Canada appearance, with a finding that individuals working for a courier company were independent contractors and therefore not in insurable or pensionable employment pursuant to the Employment Insurance Act and Canada Pension Plan

Successful conduct of several jury trials, including acting for an insurer on a subrogated fire loss claim and defending an insurer in relation to a personal injury loss claim

Part of a team which successfully obtained a significant injunction prohibiting false and misleading advertising by a consumer products manufacturer

Counsel on Federal Court applications for judicial review under the Access to Information Act

Successful defence of a motion to bifurcate liability and damages at trial

Currently acting for an insurer on appeal in relation to new legal issues surrounding the upholding of a settlement

Defence of multiple actions involving pedestrians hit by passing vehicles after darting out from in front of stopped buses

Successful defence of reported summary judgment motion regarding the expiry of limitation periods under the Public Utilities Act

Obtained leave to appeal in a highly publicized case regarding the staying of a municipal By-law and property zoning, to prevent a funeral home as a permitted use on a contentious piece of property

Conduct of privacy audit, training of staff and drafting of privacy policies and procedures

Successful defence of wrongful dismissal actions

Publications

Technology Startups: A Practical Legal Guide for Founders, Executives and Investors

Journey to the Point of No Return, Real Travel, January 2010

Emergency Preparedness In The Workplace

Focus on Employment, Labour and Pensions

Semi-Annual HR Update - Focus on Employment, Labour and Pensions, Fall 2007

Teaching Roles

Instructor, Law Society of Upper Canada’s Skills and Professional Responsibility Program, 2006 & 2007

Instructor, Ontario Bar Admission Course, Ottawa Civil Litigation Section, 2000-2005

Prior Speaking Engagements

Presenter, "Privacy Law Update", Canadian Society of Association Executives Lunch Seminar Series, April 27, 2011, Ottawa

Co-presenter, "10 Things You Need To Know About Privacy", FMC CPD Seminar Series, April 5, 2011, Ottawa

Presenter, "FMC's Twelth Annual Employment Law Client Appreciation Seminar", January 25, 2011, Ottawa

Co-presenter, "(Wo)Man Your Stations: Workplace Strategies for Protecting Confidential and Proprietary Property", OCRI 45th Circuit Luncheon Seminar, October 2010

Co-chair, "3rd Women in Leadership Conference" by Career Women Interaction, Rideau Club, May 2010

Presenter, "Tenth Annual Employment Law Client Appreciation Seminar", FMC Breakfast Seminar, January 2010

Panelist, "Career Planning for ‘Young’ Lawyers and ‘Less-Young’ Lawyers", Ontario Bar Association’s Young Lawyer’s Division, Ottawa, February 2008

Presenter, "Employment Law Update 2007", FMC Seminar, Ottawa, October 2007

Presenter, "The Complete Payroll Process in Ontario", Lorman Seminar, Ottawa, September 2006

Presenter, “Privacy Issues and Corporate Transactions: What You Don’t Know Can Hurt You!”, CCLA Solicitor Conference 2006, Ottawa, May 2006

Presenter, “What’s New in the World of Privacy and Employment Law?”, Canadian Corporate Counsel Association National Spring Conference, Ottawa, April 2006

Presenter, “Duty to Accommodate Proactive Management of Employees with Disabilities”, Insight, Ottawa, September 2005

Presenter, “Employment and Labour Law Update”, FMC Seminar, Ottawa, September 2005

Presenter, “The Complete Payroll Process in Ontario”, Lorman Seminar, Ottawa, September 2005

Presenter, “Closing Arguments at Trial”, Ontario Advocates Society, Ottawa, February 2005

Presenter, “Technology Issues in the Workplace”, FMC National Seminar, Calgary, October 2004

Presenter, “Bonuses and Variable Compensation”, The Six Minute Employment Lawyer, Ottawa, October 2004

Presenter, “Employment and Labour Law Update”, FMC Seminar, Ottawa, September 2004

Presenter “Payroll Basics in Ontario”, Lorman Seminar, Ottawa, June 2004

Presenter, “Employee or Independent Contractor?”, FMC National Seminar, Toronto, October 2003

Presenter, “Employment and Labour Law Update”, FMC Seminar, Ottawa, October 2003

Presenter, “Dependent Contractors”, The Six Minute Employment Lawyer, Ottawa, May 2003

Presenter, “Employee Discharge and Documentation”, Lorman Seminar, Ottawa, April 2003

Presenter, “Employment and Labour Law Update”, FMC Seminar, Ottawa, October 2002

Presenter, “Employment Contract Issues”, FMC Employment and Labour Group, Toronto, May 2002

Presenter, “Employment Standards Act, 2000”, Lorman Seminar, Ottawa, April 2002

Presenter, “Employment Law Issues”, FMC Seminar, Ottawa, September 2001

Presenter, “Stock Option Issues”, The Six Minute Employment Lawyer, Toronto, September 2001

Presenter, “Employment Law Issues”, Ottawa Law Clerks’ Association, Ottawa, June 2001

Presenter, “Restrictive Covenants in the Workplace”, Lorman Seminar, Ottawa, April 2001

Presenter, “Employment Law in the Millennium”, FMC Seminar, Ottawa, September 2000

Presenter, “Employment & Labour Issues”, FMC Seminar, Ottawa, May 1999

Contact Information

Ottawa

+1 613 783 9660

catherine.coulter@fmc-law.com

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Areas of Expertise

Alternative Dispute Resolution

Employment | Labour

Insurance

Litigation & Dispute Resolution

Privacy

Year of Call

1990 (Ontario)

Education

University of Western Ontario, LL.B., 1988

University of Michigan, B.Mus.A., 1985

Languages Spoken

English

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