Lindsay A. Mullen
Senior Partner
Norton Rose Fulbright Canada LLP
Related services and key industries
Biography
Lindsay Mullen is a senior partner based in Calgary. The focus of her practice is investigations and enforcement proceedings, and litigation.
Lindsay has extensive experience representing corporations on internal investigations, regulatory investigations and enforcement, quasi-criminal prosecutions and a variety of litigation.
Frequent mandates include incident investigations for serious workplace accidents and environmental releases, allegations of wrongdoing related to regulatory non-compliance, fraud, harassment and contractual and tort-related disputes.
Lindsay also advises companies on regulatory compliance requirements and strategies, reporting obligations and compliance with regulatory orders or other directives, primarily in relation to safety or environmental matters. Lindsay also provides strategic advice to companies in relation to many aspects of environmental, social and governance (ESG) risks, regulation and compliance issues and workplace law. Her practice also includes acting as counsel to independent tribunals in administrative proceedings.
Lindsay represents clients in the Alberta Court of King's Bench, the Alberta Court of Appeal, Provincial Courts of Alberta and British Columbia (Criminal Division), the Occupational Health and Safety Tribunal Canada, and before various administrative bodies in Alberta and British Columbia.
Professional experience
Collapse allLL.B., University of Calgary, 1995
B.A., University of British Columbia, 1991
- Alberta 1996
Ms. Mullen has acted in the following selected mandates:
· R v Yoho Resources Inc.et al., 2021 BCPC 341(sentencing decision) – defence counsel to quasi-criminal prosecution under the occupational health and safety provisions of the Workers' Compensation Act for workplace fatality (British Columbia)
· Kennedy v Lawson Lundell LLP, 2021 AHRC 106 (Review of Director's decision to dismiss complaint) – defence of human rights complaint; no reasonable basis to proceed against firm (Alberta)
· Confidential client – September 29, 2021 (unreported decision) – counsel to energy and environmental waste services company in respect of an administrative penalty decision under the occupational health and safety provisions of the Workers' Compensation Act for serious workplace incident (British Columbia)
· Cherkas v Shell Energy North America (Canada) Inc., 2019 ABQB 400 (summary dismissal application) – litigation counsel to wrongful dismissal civil claim alleging fraud, misrepresentation and bad faith (Alberta)
· R v Nexen Energy ULC – July 13, 2018 (unreported sentencing decision), defence counsel to quasi-criminal prosecution under Environmental Protection and Enhancement Act (Alberta) and Migratory Birds Convention Act, 1994 (federal) for a pipeline emulsion release (Alberta)
· Bigcharles v Statoil Canada Ltd., 2018 AHRC 5 (Tribunal Decision) – defence of human rights complaint; complaint dismissed (Alberta)
· R v Nexen Energy ULC – August 31, 2017 (unreported pre-trial decision) defence counsel to quasi-criminal prosecution under the Occupational Health and Safety Act for serious worksite injury; obtained a permanent stay of prosecution following a successful Charter application for unreasonable delay (Alberta)
· Canadian National Railway Company v Teamsters Canada Rail Conference, 2016 OHSTC 20 (Appeals Officer Decision) - successfully appealed regulator's directions issued following work-related fatality (federal)
· R v ConocoPhillips Canada Resources Corporation, 2016 ABPC 176 (decision respecting application for particulars) – defence counsel to quasi-criminal prosecution under Occupational Health and Safety Act for well site incident; May 2017 (unreported) charges stayed following first day of trial (Alberta)
· R v Servisair Inc., 2012 ABPC 63 (Trial Decision) – defence counsel to quasi-criminal prosecution under the occupational health and safety provisions of the Canada Labour Code, Part II for a workplace fatality; successful due diligence defence - charges dismissed (federal)
- Chambers Canada, Alberta: Employment and Labour, Chambers and Partners, 2019-2024
- Canadian Legal Lexpert Directory, 2019-2024: recommended in Occupational Health & Safety
- Canadian HR Reporter Award Finalist, 2019: Best Labour & Employment Lawyer (within a practice)
- Canadian Bar Association
- Law Society of Alberta
Insights
Ho ho ho: Holiday rules in Canada
Publication | December 2022
Return to the workplace
Publication | April 18, 2022
Alberta introduces changes to occupational health and safety legislation
Publication | November 29, 2021