Andrew Carricato

Andrew is licenced in BC, Alberta and Ontario. He advises and advocates for clients on a wide range of workplace law issues in both unionized and non-unionized environments. Andrew advises clients on recruitment, discipline, terminations, attendance and disability management, accommodations, workplace investigations, human rights, freedom of information and privacy matters, as well as labour relations, the interpretation of collective agreements and grievance arbitrations. Andrew also helps clients navigate various local government issues and litigation before the courts, labour arbitrations, the human rights tribunal, WorkSafe BC, and other administrative tribunals.

Andrew has also developed a particular expertise in advising local government election officials in election related matters. This includes representing clients in judicial recounts and election challenges before both the Provincial and Supreme Courts of B.C.

Andrew completed his law degree from the University of Ottawa’s French Common Law Program. Following his call to the Ontario bar in 2012, he began his legal career with one of Canada’s pre-eminent labour and employment law groups on Bay Street before moving to a boutique firm repeatedly recognized as one of the best in Canada where he advocated on behalf of employees and employers alike.

EDUCATION

• J.D., Common law in French, University of Ottawa, 2011
• B. Soc. Sc., Hons. Political Science and Global Studies, University of Ottawa, 2006

MEMBERSHIPS AND AFFILIATIONS

• Canadian Bar Association
• Law Society of Alberta
• Law Society of British Columbia
• Law Society of Ontario
• Association des juristes d’expression française de la Colombie-Britannique

RECENT CASES

2020

• Conseil scolaire francophone de la Colombie‑Britannique v. British Columbia, 2020 SCC 13 (CanLII) (Intervener, Conseil scolaire francophone provincial de Terre‑Neuve‑et‑Labrador) (Minority language education rights – Justification of infringement)

2019

• Jones v. Mumford, 2019 BCPC 223 (CanLII) (Written Reasons – Application for Judicial Recount)
• O’Connor v. The Village of Lytton and R. Anderson (unreported, March 29, 2019) (Application to challenge the by-election for Councillor)
• Drummond v Powell River (City), 2019 BCSC 92 (CanLII) (Application to challenge the election of City Councillor due to irregularities)

2018

• Jones v. Mumford and Chief Election Officer, 2018 BCPC 300 (CanLII) (Application for Judicial Recount)
• Jones v. Mumford and Chief Election Officer, 2018 BCPC 301 (CanLII) (Application for Judicial Recount)
• Chief Election Officer Fraser Valley Regional District (Area C) v. Bales & Silver (unreported, October 31, 2018) (Application for Judicial Recount resulting from tied vote in Area C)

PUBLICATIONS AND PRESENTATIONS

• Presenter, “Employment Contracts for Local Governments”, Canadian Association of Government Finance Officers 2020 Virtual Conference, September 14, 2020.
• Co-Presenter, “Top 10 Workplace Issues of 2019”, Lidstone & Company Annual Client Seminar, November 1, 2019.
• Presenter, “Accommodating Illness and Impairment in the Workplace”, Union of BC Municipalities – Benefits Conference, New Westminster, BC, October 25, 2019.
• Presenter, “Managing Employee Mental and Physical Health”,  Thompson-Okanagan Local Government Management Association, Salmon Arm, BC, September 11, 2019.
• Presenter, “Conflict of Interests Rules for Elected Officials”, Regional District of East Kootenay – Regional Local Governance Forum, Kimberley, BC, May 24, 2019.
• Presenter, Local Government Election Panel, International Municipal Lawyers Association in Canada Spring Meeting, April 26, 2019.
• Co-Presenter, “Election Challenges in BC”, Local Government Election Panel, International Municipal Lawyers Association in Canada Spring Meeting, April 26, 2019.
• Presenter, “The Importance of Workplace Policies”, Lidstone & Company Elected Officials Legal Orientation, November 23, 2018.
• Co-Presented, “Managing Difficult People: Elected Officials and Employees”, LGMA 2018 Annual Conference, May 17, 2018.
• Presented, “Engendering Needed Changes to BC Human Rights System” – Lidstone & Company Annual Client Seminar, November 2017.
• Co-edited Emond Publishing’s Employment Law Series texts: i) The Written Contract of Employment (2016), ii) The Law and Practice of Workplace Investigations (2016), and iii) The Law on Disability Issues in the Workplace (2017)
• Co-authored a paper entitled: “Managing Client Capacity and other Client-Related Challenges” for the Law Society of Upper Canada’s Six Minute Employment Lawyer 2016 (May 2016)
• Co-authored an article entitled: “Ontario Court Awards 26 Months’ Pay to Dependent Contractors” in HR Professional Magazine (July/August 2015)
• Co-authored a paper entitled: “Pursuing Human Rights Damages in Wrongful Dismissal Cases” for the Ontario Bar Association’s 13th Annual Current Issues in Employment Law Conference (May 2015)
• Co-authored a chapter entitled: “Employee Privacy: The Common Law Protection of Privacy in Ontario” in LexisNexis Canada’s New Perspectives on Canadian Employment Law book (October 2014)
• Co-authored an article entitled: “Bundled Investigation Costs Employer Over $800,000” in Mercer/CCH Guide for Employers (August 2014)
• Co-authored a paper entitled: “Privacy in Employment Law: An Update” for the Law Society of Upper Canada’s Six Minute Employment Lawyer 2014 (June 2014)
• Contributed to a paper entitled: “Three Common Pitfalls in Drafting Executive Employment Contracts” (May 2014)
• Published an article entitled: “Canadian Experience Requirement In Employment Is Discrimination Says Ontario’s Human Rights Commission” in: i) Labour Notes Newsletter, CCH (August 2013), and ii) HR Connected, CCH (August 2013)
• Co-authored an article entitled: “In Canada Employees May Have a Reasonable Expectation of Privacy in Work-Issued Computers” in LexisNexis Australia’s Privacy Law Bulletin (January 2013)
• Co-authored an article entitled: “Off Limits? Maybe Not: Supreme Court Addresses Employee Privacy on Company Computer” in: i) Focus on Canadian Employment and Equality Rights, CCH (November 2012), ii) Canadian Corporate Counsel, Canada Law Book (October/November 2012), and iii) International Law Office Newsletter (November 2012)
• Co-Presented a Managing the Workplace client seminar entitled: “Social Media in the Workplace: New Rules of Engagement” (October 2012)