Tania Da Silva practises in the area of employment law, commercial litigation and class actions, and compliance with French language, consumer protection and privacy requirements.
Tania has a general management-side employment law practice. She advises employers operating in Quebec on all manner of workplace issues, including advising on employment standards and human rights at the Quebec provincial level and at the federal level; conducting and advising on workplace investigations; pay equity requirements and compliance; workplace health and safety; attendance management and the duty to accommodate; drafting and reviewing employment contracts, employment policy manuals, and codes of conduct; hiring, progressive discipline and termination of employees; training of employees on company policies, anti-harassment and discrimination, and occupational health and safety; complying with French language requirements and assistance with handling Office de la langue française investigations and/or complaints. Tania is frequently called upon to lead the employment work in mergers and acquisitions transactions, by coordinating and conducting employment due diligence, providing insight and feedback on purchase and sale agreements, as well as executive employment agreements and other human resources matters
Tania has defended clients in wrongful dismissal and prohibited practices claims before the Tribunal Administratif du Travail and in mediations and conciliations at the Commission des normes de l'équité de la santé et de la sécurité du travail. She has also counselled clients with enforcement of restrictive covenants through litigation.
In addition to the litigation aspects of her Employment practice listed above, Tania also has a general commercial litigation practice, which consists of representing clients in a wide range of civil suits. She has acted in litigation involving manufacturer’s liability, enforcing of securities, claims for reasonable notice of termination and contractual disputes. She also has a strong class action practice acting exclusively as defence counsel, specifically in competition law private actions, Civil Code of Québec and Consumer Protection Act actions. Tania has appeared before the Court of Québec, the Superior Court of Québec and the Court of Appeal of Québec.
Tania also advises on Quebec privacy compliance issues, advises employers on compliance with their privacy obligations, drafts and reviews employee privacy policies and consents, as well as website privacy policies. She conducts compliance gap analyses of data collection practices to ensure their compliance with Quebec’s revamped privacy legislation, as well as counseling the Firm’s clients on compliance with Quebec’s French language requirements under the Charter of the French Language and the Consumer Protection Act. She routinely drafts and reviews website Terms of Use, End User License Agreements, Terms of Sale, Warranties and e-commerce flows for compliance with Quebec’s Consumer Protection Act, in order to help launch clients’ online presence in Quebec, or make existing e-commerce platforms Quebec-compliant.
