A member of our Labour and Employment Law group, of which he is coordinator for Quebec, Alexandre W. Buswell focuses his practice primarily on employment law, where he is frequently called upon to advise and represent companies in the dismissal of both employees and executives, as well as on the non-competition and non-solicitation issues of clients and employees. He also provides various companies with strategic project advice regarding collective labour relations, and acts for those companies before arbitration tribunals. Mr. Buswell is also active in the field of human rights.
Mr. Buswell’s expertise is specific to employment, labour and administrative law, which includes judicial review and injunction-related matters. Having pursued graduate studies to obtain a Master of Laws degree, Mr. Buswell now possesses in-depth knowledge of constitutional law, an area in which he works regularly.
Mr. Buswell has written numerous articles on labour and employment law in addition to authoring a paper on Crown immunity with respect to legislation. He is also a guest speaker and instructor at McGill University’s Faculty of Management. Lastly, he sits on the Board of Directors of the Marie-Vincent Foundation, an organization for children who are victims of sexual abuse.
Alexandre W. Buswell joined our Labour and Employment Law group in 1997 after articling at the Federal Court of Canada and working at the Public Law Research Centre of the Université de Montréal.
- LL.M., Université de Montréal, 1999
- LL.B., Université de Montréal, 1995
- Barreau du Québec
- Canadian Bar Association
- Acted on behalf of Hydro-Québec in a petition filed with the Quebec Labour Relations Commission for certification concerning the unionization of the Occupational Health and Safety Specialists. The petition for certification was dismissed by the Commission.
- Lead counsel of Cirque du Soleil inc. in several important litigation instances with respect to employment matters.
- Lead counsel to Héroux-Devtek Inc. (“Héroux-Devteck”) in the context of an injunction application brought against Héroux-Devtek related to non-competition and non-solicitation clauses.
- Acted on behalf of TELUS Communications Inc. before the Canada Industrial Relations Board in the context of a dispute concerning the inclusion of a significant number of employees in a bargaining unit represented by a certified association of employees.
- Lead Counsel for the Canadian Broadcasting Corporation in the context of an application for the review of the structure of the bargaining units pending before the Canada Industrial Relations Board.
- Acted on behalf of Wal-Mart Canada regarding a class action instituted by the employees of the Jonquière store following its closure.
- Acted on behalf of Le Château inc. with respect to a litigation file involving an executive officer’s stock purchase option right following the end of his employment.
- Acted on behalf of The Hockey Company (Reebok inc.) in respect to a long and complex litigation related to the application of restrictive covenants included in an individual contract of employment.
- Acted on behalf of Air Canada and Aéroports de Montréal with respect to injunction proceedings in a work conflict involving third parties who disrupted operations at the Montreal Pierre Elliott Trudeau International Airport.
- Acted on behalf of Canadian Broadcasting Corporation with respect to an injunction concerning an alleged violation of a collective agreement in the context of the production and broadcasting of a special program for an elections night.
- Acted on behalf of Federal Express Canada Ltd. in the context of a claim concerning the alleged breach of the fundamental rights of a former employee following an investigation conducted by the Company, with the Montreal Police Service.
- Acted on behalf of various financial services institutions, including National Bank Financial inc., with respect to several disputes regarding employees’ duty of loyalty and the application of restrictive covenants included in individual contracts of employment and commercial agreements.
- Acted on behalf of several federal crown corporations and federal undertakings in various disputes before the Canada Industrial Relations Board, the Federal Court of Canada and Québec courts.
- Lead counsel in employment law cases for several companies operating in the entertainment, circus and radio and broadcasting industries.
- Lead counsel in complex arbitration cases involving the application and interpretation of collective agreements, including with respect to subcontracting.
- Lead counsel in several alleged discrimination and sexual harrasment files.
Publications & Conferences
Alexandre W. Buswell, Thomas Brady et al., “Canada”, in Restrictive Covenants and trade Secrets in Employment Law: An International Survey, BNA Books, 2010.
Alexandre W. Buswell, “Droit de l'emploi : Quoi de neuf”, Quebec Bar Association’s continuing education, 2010.
Alexandre W. Buswell, “Droit du travail canadien – Aspects constitutionnels”, Quebec Bar Association’s continuing education, 2010.
Alexandre W. Buswell, “Le Contrat individuel de travail – Clauses de non-concurrence et protection de l'information confidentielle – Portée et légalité des dispositions contractuelles”, Quebec Bar Association’s continuing education, 2010.
Alexandre W. Buswell and Alexandre Paul-Hus, “Les clauses de non-sollicitation de clientèles et les articles 2088 et 2089 du Code civil : entre la théorie et la réalité commerciale”, Revue du Barreau, Tome 68. 2009
L'Immunité juridictionnelle et interjuridictionnelle en droit canadien, Master's thesis, Université de Montréal’s Faculty of Law, 1999.
Alexandre W. Buswell and Nicola Di Iorio. “Le Commissaire du travail et les ordonnances de réintégration provisoires : le non-dit” in Développements récents en droit du travail (1998). Les Éditions Yvon Blais. Cowansville. 1998.
Alexandre W. Buswell and Danny J. Kaufer, Collinding with the Civil Law: The Aftermath of the Wallace Decision in Quebec, Canadian Bar Association, Toronto, 1998.
Alexandre W. Buswell and Danny J. Kaufer, “Weber and Beyond: The Insurance Dilemma” in Federated Press. 1998.