Kelly Nicholson
Kelly Nicholson
Partner / Field Law Privacy Officer,
Practice Group Leader
Overview
Experience
Professional
Community
News + Views + Events

Kelly Nicholson is the firm's Privacy Officer and Chair of the Calgary Labour & Employment Group. He advises private and public-sector clients on all aspects of the employment relationship, including employee recruitment, discipline and termination, wrongful dismissal claims, privacy matters, human rights complaints, disability and insurance issues, interpretation and enforcement of non-competition and confidentiality agreements, contract negotiation, policy development, benefit and incentive plan management, executive compensation, collective agreement interpretation and arbitration, and alcohol and drug testing. Kelly also regularly advises police services and other law-enforcement agencies throughout the province on various matters including policy development and implementation, public complaints, internal investigations, police discipline and termination, collective agreement negotiation, and grievance arbitrations.

Kelly has represented clients before a wide range of adjudicative bodies in Canada, including labour and employment arbitration panels, the Alberta Court of Queen’s Bench, the Alberta Court of Appeal, the Supreme Court of Canada, the Alberta Labour Relations Board, the Board of Reference, the Alberta Human Rights Commission, the Alberta Law Enforcement Review Board, and the Office of the Information and Privacy Commissioner.

Kelly is a veteran speaker at legal conferences and seminars, and he makes frequent presentations to clients, lawyers, and the public on privacy, policing, education, and employment law matters. He also regularly contributes articles to a variety of publications in the areas of privacy, employment, education law, and human resources.

Kelly clerked for the Chief Justice of the Saskatchewan Court of Appeal before being recruited by a national law firm, where he garnered valuable experience in commercial litigation matters.

Outside the Office

Kelly is an avid runner and climber in his spare time.

Calgary Bar Association
Member
Canadian Bar Association
Member
Law Society of Alberta
Member
Law Society of Saskatchewan
Member
Alberta Association of Chiefs of Police
Alberta Teachers' Association v Information and Privacy Commissioner, 2014 ABCA 432 (CanLII), Court of Appeal of Alberta
AM Inspection Ltd. v. Chizen, [2007] A.J. No. 626, Alberta Court of Queen's Bench
Calgary (City) Police Service v. Edmonton (City) Police Services, [2007] A.J. No. 1549, Alberta Court of Queen's Bench
Warren v. West Canadian Industries Group Ltd., 2007 CarswellAlta 1282, Alberta Human Rights and Citizenship Commission
Whitford v. Agrium Inc., 2007 ABCA 109, Alberta Court of Appeal
Brandt Tractor Ltd. v. Pardee Equipment Employees Assn., [2006] A.J. No. 1432, Alberta Court of Queen's Bench
Tolko Industries Ltd., Slave Lake Division v. United Steelworkers of America, Local 1-207 (McRee Grievance), [2006] A.G.A.A. No. 25, Alberta Grievance Arbitration Award
Whitford v. Agrium Inc., [2006] A.J. No. 1235, Alberta Court of Queen's Bench
Whitford v.Agrium Inc., [2006] A.J. No. 1235, Alberta Court of Queen's Bench
Ternier v. Brandt Tractor Ltd., [2005] B.C.H.R.T.D. NO. 486, British Columbia Human rights Tribunal
Toronto-Dominion Bank v. Jaikaran, [2004] A.J. No. 1086, Alberta Court of Queen's Bench
Seraphin v. Calgary (City) Chief of Police, 2002 CarswellAlta 698, Alberta Master
November 30, 2017
Post-Secondary Summit
Conferences
Join us for our second annual summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Click here to view the brochure.  Click here to register.   
October 2017
Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us
Seminars
The provincial government's new Fair and Family-Friendly Workplaces Act has introduced profound changes to Alberta's Employment Standards Code and Labour Relations Code. Some changes are already in effect, and some come into effect on January 1...
August 2017
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Workwise
June 2017
Government of Canada Suspends CASL's Private Right of Action Provisions
November - December 2016
Family Status Accommodation Seminars
November 2016
CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties
January - March 2016
Labour and Employment: 2015 Year in Review
October 2015
Is your Workplace Toxic?
July 2015
Supreme Court of Canada to Determine if the Canada Labour Code Grants Non-Unionized Employees a "Right to the Job"
February - March 2015
Labour and Employment: 2014 Year in Review
March 2014
2013 Year in Review
January 2013
2012 Year In Review
February 2012
2011 Year in Review
February 2011
2010 Year in Review
April 2010
Facebook & Online Social Networking in the Workplace: What Human Resources Professionals Need to Know
January 2010
2009 Year in Review
October 2009
The Limits of the Private: Invasion of Privacy As A Common-Law Tort
August 2009
Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know
2009
Expanding Duties and Shifting Standards: Hill v. Hamilton Regional Police Services Board and the Tort of Negligent Investigation
2009
Privacy and the Duty to Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know
January 2009
2008 Year in Review
January 2009
New Developments in Workplace Privacy & Surveillance
September 2008
New Guidelines for the Use of Video Surveillance
August 2008
The Duty to Accommodate Disabilities in the Workplace
August 2008
Privacy & The Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know
May 2008
New Guidelines for the Use of Video Surveillance
February 2008
2007 Year in Review
January/February 2008
The Year in Review - Part One
Fall 2007
Current Workplace Issues - Fidler Sticks: Employee Awarded Damages for Loss of a "Psychological Benefit"
Education
University of Saskatchewan, 1997, Juris Doctor With Distinction
University of Victoria, 1991, Master of Arts With First Class Standing
University of Regina, 1990, Bachelor of Arts With Honours
Admissions
Alberta,1998
Saskatchewan,1998