Randy J. Kaardal

Randy J. Kaardal is a senior litigator and has conducted hearings before all levels of Court in Canada, including the Supreme Court of British Columbia, the British Columbia Court of Appeal and the Supreme Court of Canada. He regularly appears before various administrative tribunals including the B.C. Securities Commission, the Federal and Provincial Human Rights Tribunals, and the Environmental Appeal Tribunal. He represents a wide range of clients that vary in size and operate in the natural resource, manufacturing, service and public sectors of the economy. In addition, Mr. Kaardal maintains a labour and employment practice representing both employers and employees and has appeared in arbitration hearings before both the federal
and provincial labour relations boards.

Mr. Kaardal is recognized in The Canadian Legal Lexpert Directory as one of the leading lawyers in Canada. He is recognized in The Best Lawyers in Canada and is identified in the London-based Chambers Global Guide as one of British Columbia’s leading employment counsel. He served as a law clerk to the Honourable Beverley McLachlin, then Justice of the British Columbia Court of Appeal, from 1986 to 1987.

He has been a lecturer at the Faculty of Law, University of British Columbia and has spoken at seminars and conferences sponsored by the Continuing Legal Education Society of British Columbia, the Justice Institute of British Columbia, the Canadian Institute for the Administration of Justice and the Canadian Environmental Association and the American Bar Association. He is also the editor of the Employment and Labour Law Reports.

Education
B.A., University of British Columbia, 1983
LL.B., University of British Columbia, 1986

Clerkship
British Columbia Court of Appeal, 1986-87

Bar Admissions
British Columbia, 1988

Recent Publications

"Supreme Court of Canada Creates Constitutional Right to Collective Bargaining", Employment and Labour Law Report, Vol. 17, No. 4, July 2007

"Accidental Termination Costs in B.C. Seniors Home $700,000.00", Canadian HR Reports, December 18, 2006

"Forced Listening: British Columbia’s New Unfair Labour Practice", Employment and Labour Law Reporter, Vol. 15, No. 6, September 2005

"British Columbia Court Re-Establishes Employee Mitigation Rules Upon Sale of a Business", Employment and Labour Law Reporter, Vol. 15, No. 3, June 2005

"The Criminalization of Workplace Safety: Addressing Personal and Corporate Liability Following Bill C-45", paper presented at Insight Information Co.’s Mining Forum, April 14 - 15, 2005 (co-author)

"Taku River Tlingit First Nations v. British Columbia (Project Assessment Director), 2004 SCC 74 and The Duty to Accommodate", The Haida and Taku River Decisions", Continuing Legal Education (CLE) of B.C., Hyatt Regency, Vancouver, B.C., February 3, 2005

"Haida and Taku River Decisions – A Modest Proposal", Improving BC Land Access & Community Consultation", Canadian Institute, Fairmont Hotel, Vancouver, B.C., November 25-26, 2004

Recent Professional Activities

Speaker: CBA – BC Employment Law Section “Ethical and Strategic Issues respecting Wrongful Dismissal Matters” (October 2011)

Participated and Panellist - "Retaliations and Reprisal: Protecting the Human Rights Complaint", Lancaster House "Human Rights and Accommodation Conference", Vancouver, British Columbia, March 30, 2011

Presenter - 6th Annual Western Canada Labour Relations Conference, Insight. Presented a paper entitled: The Impact of Honda v. Keays on Labour Arbitration, Vancouver, B.C., January 18 & 19, 2011

Speaker - "2010 National Administrative Law, Labour & Employment Law and Privacy & Access Law Conference", Canadian Bar Association, Ottawa, Ontario, November 26 and 27, 2010

Participated as a speaker at the Federated Press' "Managing Employees Disabilities" and presented a paper entitled Managing & Accommodating Employees With Disabilities: When is Enough Enough? (April, 2009)

Chair of the Pacific Business & Law Institute's "Employment Law: Staying Current in Critical Times". Presented a paper entitled Employment Class Actions: An Update (June 2009)

Speaker – "Practical Implications of the Supreme Court of Canada Decision in RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.", Employment Law Subsection, British Columbia Bar Association, Vancouver, B.C., November 24, 2008

Speaker/Presenter – "Proving and Disproving Apprehensions/Allegations of Bias: Key Issues", Advanced Administrative Law & Practice West, The Canadian Institute, Vancouver, B.C., May 1, 2008

Speaker/Panel Member – "Human Rights and Workplace Privacy Conference", Lancaster House, Vancouver, B.C., April 19, 2007

Co-chair – "The Latest Legal Developments – New and Proven Strategies for Avoiding Liability", Western Canadian Advanced Forum of Employment Law, the Canadian Institute, Vancouver B.C., February 23-24, 2007

Speaker/Panel Member – "Human Rights 2005", Continuing Legal Education, Vancouver, B.C., November 2, 2005

Speaker – "British Columbia Court Re-Establishes Employee Mitigation Rules upon Sale of a Business", recent Developments on Labour and Employment Law in Ontario, Toronto, ON, June 24, 2005

Presenter "Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74 and The Duty to Accommodate (updated)", First Nation Forestry Tax Conference, Vancouver, B.C., May 18-19, 2005

Speaker – "The Employer’s Duty to Accommodate", The Canadian Institute, Vancouver, B.C., May 12-13, 2005

Presenter – "The Changing Landscape of Aboriginal Engagement: Perspectives in Recent Supreme Court Rulings", Canadian Energy Pipeline Associations’ Aboriginal Engagement Workshop, February 24, 2005

Presenter and Panellist – "The Haida and Taku River Decisions", Continuing Legal Educations Society of British Columbia, February 3, 2005

Presenter and Panellist – "Improving BC Land Access & Community Consultation", The Canadian Institute, November 25-26, 2004

Presenter – "Bridging the Gap", B.C. Human Resources Management Association, June 9-10, 2004

Presenter: "Managing and Accommodating the Disabled: The Employer’s Burden Evidentiary and Otherwise", The Latest Developments – New and Proven Strategies for Avoiding Liability, The Canadian Institute, Vancouver, B.C., February 23-24, 2004