Kelly Nicholson
Kelly Nicholson
Partner / Privacy and Data Protection Officer,
Practice Group Leader
Overview
Experience
Professional
Recognition
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
Listed Labour and Employment Law
The Best Lawyers™ in Canada
2020
Alberta Association of Chiefs of Police
Calgary School District No. 19 v Alberta Teachers' Association, 2017 CanLII 10820 (AB GAA)
Alberta Teachers Association v Calgary Roman Catholic Separate School Division No. 1, 2016 CanLII 97764 (AB GAA)
Alberta Teachers' Association v Information and Privacy Commissioner, 2014 ABCA 432 (CanLII), Court of Appeal of Alberta
Jayman Masterbuilt Inc. (Re), 2011 CanLII 97926 (AB ESU)
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
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
October 2019
Election Day Voting Rights
Alert
As most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote (unless an employee has already exercised the right to vote by casting an advance ba...
August 2019
Alberta Court of Appeal Confirms the Limitation Period for Statutory Damages Claims under PIPA
Alert
The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act applicable to a statutory claim for damages under the Personal Information Protection Act (PIPA) does not begin to run until a Commissioner&...
February 2019
A New Approach to the Reasonable Expectation of Privacy: R v Jarvis, 2019 SCC 10
Labour + Employment
Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin...
February 6, 2019
2018 Year in Review for Northern Employers
Seminars
Join Field Law for a review of the most important legal cases from 2018. Topics covered will include: Labour Employment Human Rights Occupational Health + Safety Privacy Immigration Cannabis This seminar will be broadcast live via ...
Winter 2019
2018 A Year in Review Seminar Series
Seminars
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Part 1: Human Rights ...
October 24 + 30, 2018
Effective Responses to Sexual Misconduct and Harassment Complaints Workshop
Seminars
An increasing number of organizations are being rocked by allegations of harassment and sexual misconduct by their employees. Often these allegations are broadcast on social media, catching organizations flat-footed and unprepared. Join Field Law...
December 2017
2017 Field Law Post-Secondary Summit Recap
Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the lawyers in Field Law’s Post-Secondary Education Practice ...
November 30, 2017
2017 Field Law 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
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB 374 cautions employers to ...
June 2017
Government of Canada Suspends CASL's Private Right of Action Provisions
By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised by businesses,...
January 2009
Expanding Duties and Shifting Standards:
Hill v. Hamilton Regional Police Services Board and the Tort of Negligent Investigation
The recent decision of a majority of the Supreme Court of Canada in Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41, produced what is arguably a mixed result for law enforcement officers on the question whether &nd...
Fall 2007
Current Workplace Issues - Fidler Sticks
Employee Awarded Damages for Loss of a "Psychological Benefit"
Since the mid-nineteenth century, the law has been clear that damages are not available to a party for mental distress flowing from a breach of contract unless the events giving rise to the mental distress form the basis for an independent ca...
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