Brendan McCutchen



  • Call to the Bar, 1991
  • University of Toronto Faculty of Law, 2010


Canadian Association of Labour Lawyers

Brendan is a committed and passionate advocate for the rights of workers and their unions.

Since 2011, he has appeared before a variety of administrative tribunals the Workplace Safety and Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, the Canadian Industrial Relations Board, the Ontario Labour Relations Board (OLRB) and labour arbitrators on behalf of workers and their bargaining agents. He has developed particular expertise with respect to workers’ compensation, collective bargaining, the construction industry, and union organizing. Brendan has given yearly presentations as part of Osgoode’s Certificate in Labour Law program and regularly speaks at client training programs.

Brendan has a working-class background and is the first generation of his family to attend university. That background has given Brendan a deep and empathetic understanding of the systemic obstacles that workers face in Canadian society, and ignited his dedication to progressive workers’ right activism. 

Brendan received his undergraduate degree from Queen’s University and his law degree from the University of Toronto. He is a past member of the Ontario Bar Association’s labour and employment law section executive and, since 2018, has been a member of the board of directors for the legal aid clinic Industrial Accident Victims Group of Ontario.

Recent Representative Work

Challenging a Complex Regulatory Scheme
Since 2018, with Michael Wright, Brendan has represented the Society of United Professionals in challenging random drug and alcohol testing for a variety of personnel at nuclear facilities. The litigation involves parties covering much of Canada, and a complex regulatory scheme engaging human, constitutional and collective agreement rights.
Collective Agreements

Since 2011, Brendan has provided strategic advice and representation to a variety of unions in collective bargaining, including in the manufacturing and arts sectors. He is expert at drafting and refining collective agreement language, and incorporating legislative and useful case law developments into collective agreements.

Avoiding Protracted Litigation

In his construction industry organizing work, Brendan is diligent and strategic. As one of many examples, in 2018, the OLRB granted a union client a certificate on the basis only of the parties’ pleadings, avoiding protracted litigation on a variety of issues.

Here to Help

Enlist objective advice and committed legal representation. Whatever your challenge—no matter how fundamental or involved—Wright Henry will help you navigate the shoals and arrive at the best possible destination. We offer wide-ranging expertise and a proven record of success.