Biography
Stephen is a partner and co-chair of the employment practice group. He provides trusted advice to clients on a wide range of labour and employment issues. His practice covers all aspects of the employment relations from hiring to firing. He prides himself on providing practical answers to complicated questions.
Stephen has advised clients on a range of human resource matters including employment contracts, workplace policies, grievances and arbitrations, employee discipline, and terminations. He has provided strategic advice to vendors and purchasers of businesses in Alberta in order to manage transactional employee issues. He has acted as counsel in litigation concerning wrongful dismissal, human rights, employment standards, and labour arbitrations. He has represented individuals, small business, large national corporations and everything in between.
He also has a broad range of experience in other areas of practice including health law, creditor’s rights, and commercial litigation. He has appeared in all levels of court in Alberta and the Federal Court of Canada. He also frequently appears at the Alberta Labour Relations Board.
Stephen enjoys writing about legal developments. He also likes public speaking and snaps up every opportunity to talk at client seminars, lunch n learns, podcasts, webinars, etc.
Stephen graduated from the University of Calgary with a BA (Honours) in Psychology in 2004. He graduated from the University of Calgary with an LLB in 2006 and was called to the Bar in Alberta in 2007.
During his studies at the U of C, he worked summers and part-time for Citizenship and Immigration Canada at the border crossings of Coutts, Alberta and the Calgary International Airport. He also worked for the Federal Department of Justice assisting prosecutors with large drug prosecutions.
Education
- University of Calgary (BA Psychology, 2004)
- University of Calgary (LLB, 2006)
Professional Memberships
- Law Society of Alberta (2007)
- Canadian Bar Association
Presentations
- “The Limits of Freedom of Expression for Employees and Professionals – Implications for Employment Law and Professional Regulation,” panel discussion at the CBA’s National Administrative Law, Labour & Employment Law Conference, Ottawa, ON., November 29, 2024.
- “2024 in Hindsight: Employment Law Lessons to Apply in 2025,” Quarterly Employment Breakfast Seminar, Carbert Waite LLP, November 27, 2024
- “Reimagining Complex Terminations: Best Practices and Strategies You Need to Know”, CPHR Annual Hybrid Conference, October 2, 2024
- Navigating Complex Terminations, Quarterly Employment Breakfast Seminar, Carbert Waite LLP, May 28, 2024
- “Accommodating Mental Disability: Challenges and Obligations”, CPHR Alberta Hybrid HR Law Conference, February 13, 2024
- “NDA Session: To Silence or Not to Silence? Debating the Pros and Cons of Restrictions on NDAs” moderated panel discussion at the CBA Administrative Law, Labour & Employment Law Conference, Ottawa, ON., November 17, 2023
- “Drug Testing in the Canadian Courts,” Drug and Alcohol Testing Association of Canada (DATAC), September 26, 2023.
- “The New Tort of Harassment and How it Will Affect the Workplace”, Quarterly Employment Breakfast Seminar, Carbert Waite LLP, September 21, 2023
- “Personal Liability in Workplace Litigation,” Presentation to the CBA Labour and Employment Law South Section, June 14, 2023
Media
Articles in Specialized Publications
- “Worker on probationary period entitled to reasonable notice: court” – Canadian HR Reporter, Jeffrey R. Smith (December 04, 2024). In this article, Stephen discussed the importance of providing a reasonable opportunity to demonstrate suitability when terminating a worker with probationary status, and the potential legal implications of failing to do so.
- “Railway company skips first step of accommodation process in worker’s reinstatement” – Canadian HR Reporter, Jeffrey R. Smith (October 02, 2024). In this article, Stephen discussed the importance of not overlooking medical evidence when accommodating an employee’s return to work.
- “Will Alberta’s streamlined trial process lead to more wrongful dismissal applications?” – Canadian HR Reporter, Stacy Thomas (July 30, 2024). In this article, Stephen discussed changes to the Alberta Rules of Court and the new streamlined trial process.
- “Hiring outside contractor to perform bargaining unit work not allowed: arbitrator” – Canadian HR Reporter, Jeffrey R. Smith (June 10, 2024). In this article, Stephen discussed an arbitration decision finding an employer breached the terms of the collective agreement by contracting an outside worker.
- “Just cause: Long breaks, inaccurate timesheets lead to termination of Alberta worker” – Canadian HR Reporter, Jeffrey R. Smith (February 12, 2024). In this article, Stephen discussed an employee who was terminated for dishonesty on his time sheets.
- “Worker’s absence on estimated return-to-work date not resignation: Alberta court” – Canadian HR Reporter, Jeffrey R. Smith (November 15, 2023). In this article, Stephen discussed the consideration required to ensure enforceability of an employment policy.
- “Lunchroom surveillance cameras reasonable: Alberta arbitrator” – Canadian HR Reporter, Jeffrey R. Smith (June 23, 2023). In this article, Stephen discussed an arbitration decision that found an employer’s use of surveillance cameras in a lunchroom did not breach employee privacy rights.
- “Wildfires in Alberta put spotlight on crisis management” – Canadian HR Reporter, Sarah Dobson (May 24, 2023). In this article, Stephen discussed human resources considerations resulting from Alberta wildfires.
News Interviews
- “Canada Post strike: The CBC’s Andrew Nichols talks with labour lawyer Stephen Torscher.” CBC News Toronto (November 29, 2024). Stephen and Andrew discussed Canada Post’s decision to temporarily lay off striking workers and explored possible outcomes.
- “Maybe it’s a reckoning”: the reasons behind Canada’s increasing labour action,” CTV News Calgary at 5 and 6 pm, Timm Bruch (September 11, 2024). Stephen provided insights on recent trends in labour disputes in Canada. Watch Stephen’s commentary from minute 17:29 to 18:36 on CTV Calgary News at 5, and from 34:27 to 36:23 on CTV Calgary News at 6.
- Lead story interview with host Rob Brown, CBC Calgary News at 6 pm, CBC Calgary (August 23, 2024). Stephen provided insights on the railway labour dispute involving the Teamsters, CN, and CPKC. Watch Stephen’s commentary from minute 00:00 to 08:41.
- “From the bargaining table to the street: Alberta employees push for better,” CTV News, Timm Bruch (April 21, 2023). Stephen discussed the seemingly increasing number of labour disputes in Alberta. Watch Stephen’s commentary from minute 1:30 to 1:42.
Blog Posts
Government Intervenes in Canada Post Strike
December 13, 2024
It appears government intervention will soon put an end to the almost month-long strike by Canada Post workers. On the morning of Friday, December 13, 2024, Minister of Labour Steven MacKinnon announced that he was using his power under s. 107 of the Canada Labour Code to direct the Canada…
Continue ReadingAlberta’s New Bills 33 and 34: Changes to Public Sector Privacy and Access to Information
November 29, 2024
Following introduction of legislation to amend Alberta’s Bill of Rights, the government has tabled two new bills that could impact privacy rights in Alberta: Bill 33, the Protection of Privacy Act, and Bill 34, the Access to Information Act. These proposed laws will update how public bodies handle personal information and how they respond to access…
Continue Reading2024 CBA Administrative Law, and Labour and Employment Law Conference in Ottawa
November 28, 2024
On November 29 and 30 2024, the annual joint conference of the CBA Administrative Law Section and the CBA Labour and Employment Law Section will take place in Ottawa, Ontario. Carbert Waite LLP is a proud sponsor and participant of this important event for Canada’s employment law community. The event’s outstanding agenda includes…
Continue ReadingBreaking Down Canada Post’s Imminent Strike
November 14, 2024
Friday, December 13, 2024: It appears government intervention will soon put an end to the almost month-long strike by Canada Post workers. This Friday morning, Minister of Labour Steven MacKinnon announced that he was using his power under s. 107 of the Canada Labour Code to direct the Canada Industrial Relations Board (the “CIRB”) to end the…
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