Alan G. McConnell
Alan G. McConnell
Lawyer
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Employment Law - Occupational Health
and Safety - Human Rights - Litigation -
PRACTICE
AREAS
GENERAL LITIGATION
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Alan represents clients in a variety of litigation matters, including real estate disputes, insurance claims, pension appeals, defence of Workplace Safety and Insurance Board prosecutions, "right to sue" Applications at the Workplace Safety and Insurance Appeals Tribunal, landlord/tenant disputes and summary conviction prosecutions under the Criminal Code. Among his recent successes were the dismissal of charges againt a client accused of misleading the WSIB; dismissal of an insurer's claim that a client set a restaurant on fire; and the defeat at the WSIAT of an insurer's attempt to strip a disabled client of his right to sue.
REAL ESTATE & SMALL BUSINESS LAW
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Alan has over twenty years experience in real estate law, helping clients negotiate Agreements of Purchase and Sale and close their transactions. Landlords and tenants also rely on Alan to negotiate their commerical and residential leases. Alan works with entreprenuers to establish their businesses on a solid legal footing. He provides counsel to clients in the purchase and sale of their businesses. Among Alan's recent transactions were the sale of a client's insurance practice and the purchase of a wedding gown business for another. Alan's real estate and corporate clerk, Theresa Stephens, has worked with him since 1999.
HUMAN RIGHTS
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Alan acts for clients in discrimination and harassment cases at the Ontario Human Rights Tribunal and the Canadian Human Rights Tribunal. In a recent Hearing, Alan won a large general damages award for a client fired because of his disability; and in another case, convinced the Tribunal to dismiss a claim that his employer client terminated an employee for discriminatory reasons.
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EMPLOYMENT LAW
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Alan advises employers and employees on hiring and termination matters, workplace investigations, wrongful dismissal lawsuits and compliance with provincial and federal labour laws. He represents clients in the civil courts of Ontario, and various provincial and federal tribunals. He has negotiated hundreds of severance packages on behalf of his clients. Where necessary, Alan has commenced and pursued civil lawsuits to obtain the best possible severance payouts for his employee clients. Alan also has extensive experience representing employer clients in the defence of wrongful dismissal lawsuits, and other workplace litigation.
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OCCUPATIONAL HEALTH AND SAFETY
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Alan advises constructors, employers, managers and workers on how to comply with the complex rules and regulations governing safety in the workplace. He works with employers on developing approaches to properly enforce health and safety policies and discipline offenders. He has extensive experience providing advice in the immediate aftermath of serious workplace accidents. Alan has successfully defended employers and managers charged with various offences under the Occupational Health and Safety Act. He recently succeeded in having charges dropped against a small employer in a fatality case and against another client facing a machine guarding prosecution. Alan has also won dismissal of charges after trials for alleged "swing stage" and traffic plan infractions.
ABOUT
Alan was born in Ireland. His family emigrated to Vancouver in the 1970s. After High School, he studied history at Simon Fraser University in Burnaby, British Columbia, achieving an Honours (First Class) B.A.. He then obtained his Master's Degree in history at the University of Toronto. Alan left a PhD program in history at the University of Toronto to pursue a law degree from McGill University in Montreal.
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After graduating law school in 1993, Alan left Montreal for Toronto where he articled at Smith Lyons. He was called to the Bar at the Law Society of Upper Canada in 1995. After practicing real estate law at Smith Lyons for a number of years, he opened his own legal office offering a wide range of legal services, including litigation. Since 1999 Alan has practiced in association with Fink & Bornstein Professional Corporation at offices located in The Annex area of Toronto, with an increased focus on workplace legal matters.
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Alan is a passionate advocate in support of peace and human rights in his native Ireland. He is President of the federally incorporated not-for-profit company Friends of Sinn Fein (Canada) Inc. Alan is a member of the Ireland Canada Chamber of Commerce.
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Alan is the father of two daughters. He resides in Toronto.
Education and Experience
Education
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McGill University (LL.B. 1993)
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University of Toronto (M.A. 1988)
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Simon Fraser University (B.A. Honours First Class 1985)
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General Legal Experience
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Alan McConnell Barrister & Solicitor and in association with Fink & Bornstein Professional Corporation (1999 – present)
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Smith, Lyons, Torrance, Stevenson & Mayer, Barristers & Solicitors (1993 – 1998)
Examples of Cases Litigated
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Won summary dismissal of multi-million dollar lawsuit against employer client for alleged wrongful dismissal and human rights violation;
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Victorious in Court of Appeal decision overturning lower court dismissal of class action on behalf of injured workers;
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Secured withdrawal of all counts against employer accused of providing false and misleading statements about payroll to Workplace Safety and Insurance Board on first day of trial;
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Won dismissal of claim by insurer that client set fire to a restaurant at three week trial in the Superior Court of Justice;
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Won two separate claims for client against auto company for faulty repairs in trials at the Superior Court of Justice;
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Won dismissal of all charges against employer at three day trial in Ontario Court of Justice for alleged violations of the OHSA in "swing stage" accident;
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Successfully defended employer at trial in Ontario Court of Justice for alleged violations of the OHSA in traffic plan prosecution;
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Represented major steel company in Court of Appeal challenge to the constitutional validity of a prosecution under the OHSA;
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Won dismissal of discrimination complaint against company and manager at Human Rights Tribunal Hearing;
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Won large general damages award for worker client fired due to disability at two day Hearing before the Ontario Human Rights Tribunal;
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Won disability pension for client suffering from fibromyalgia at Pension Appeals Board;
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Defeated insurer's attempt to strip disabled client's right to sue at two week Workplace Safety and Insurance Appeals Tribunal Hearing; and
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Won dismissal of all charges against client accused of providing false and misleading statements to the Workplace Safety and Insurance Board after three week trial in Ontario Court of Justice.
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CONTACT
Alan G. McConnell
ADDRESS
466 Dupont Street, Toronto, Ontario, M5R 1W6
Tel: 416-537-0108
Fax: 416 537-1604
Email: info@mcconnelllaw.ca
