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Biography
Lindsay Mullen is a trusted legal advisor in the area of occupational health and safety, regulatory investigations and compliance, emergency response and workplace law.
Ms. Mullen represents federally and provincially regulated companies in the energy, transportation, construction, financial and manufacturing sectors. She advises on regulatory compliance requirements and strategies, prime contractor issues, incident response, investigations and investigation strategies, reporting, and compliance with directives and orders. Ms. Mullen is an experienced trial lawyer who represents corporations in defending prosecutions and fatality inquiries, including high-profile and sensitive cases. Ms. Mullen also takes on a variety of unique mandates requiring experienced and astute counsel.
Ms. Mullen also provides strategic advice to companies in relation to employment contracts, restrictive covenants, policies and procedures, terminations, illness and disability, violence and harassment, human rights and accommodation, confidentiality obligations, and fiduciary obligations. Ms. Mullen defends wrongful and constructive dismissal lawsuits and human rights complaints and represents companies in litigation relating to confidentiality, proprietary, non-solicitation and non-competition rights.
She is a frequent speaker on occupational health and safety law, investigations issues and emergency response.
Professional experience
Collapse allB.A., University of British Columbia, 1991
LL.B., University of Calgary, 1995
- Alberta 1996
Ms. Mullen has acted in the following selected mandates:
- Obtained a permanent stay of prosecution in advance of trial on charges under the Occupational Health and Safety Act following a successful application for unreasonable delay (in accordance with R v Jordan) in favour of an upstream oil and gas company (2017)
- Obtained a withdrawal of all charges issued against an exploration and production company during the first day of trial arising from a serious workplace incident (2017)
- Investigation counsel to a federally-regulated telecommunications company following a workplace incident (2017)
- Successfully appealed direction issued following work-related fatality in Canadian National Railway Company v Teamsters Canada Rail Conference, 2016 OHSTC 20 (2016)
- Advisory counsel to global ECP company in relation to complex construction project
- Investigation counsel to global energy company following work site fatality (2016)
- Investigation counsel to major construction industry company following serious work site incident (2016)
- Investigation counsel to global manufacturer following work site fatality (2015)
- Defence counsel to a transportation industry leader in the withdrawal of charges under the Occupational Health and Safety Act, Regulation and Code (Alberta) following work place fatality (unreported, October 2, 2014)
- Defence counsel to a transportation industry service provider in the acquittal of charges under the Canada Labour Code, Part II (federal) following work place fatality: R v Servisair Inc., 2012 ABPC 63
- Chambers Canada, Alberta: Employment and Labour, Chambers and Partners, 2019
- Canadian Bar Association
- Law Society of Alberta
- Regular guest instructor of the Canadian Centre for Professional Legal Education for Oral Advocacy Teaching and advocacy training and skills
Knowledge
Annual employment and labour seminar, Calgary presentation materials
Publication | March 2018