Associate
Andrea MacLean
(she/her/hers)
Andrea MacLean is an Associate at JSS Barristers. One of the few defamation lawyers in Canada with prior experience as a journalist, Andrea brings a unique perspective to reputation-related disputes. She has represented both plaintiffs and defendants in defamation matters - including media organizations, company CEOs, and a multi-platinum rock band.
Andrea also has experience representing clients in harassment matters, including pursuing civil harassment claims, civil restraining orders, and injunctive relief to protect clients' rights and reputations. In addition to her reputation and harassment practice, Andrea has experience in corporate and commercial disputes, contract disputes, personal injury claims, debt recovery, and insurance litigation.
Community
While obtaining her law degree, Andrea clerked at the Provincial Court of Alberta (now, the Alberta Court of Justice), volunteered with Student Legal Assistance, and competed in the Alberta Court of Appeal Moot.
Personal
During her free time, Andrea enjoys traveling, dancing, playing squash, and going on hiking and camping adventures in the mountains with her family.
Education
Andrea was born and raised in Red Deer, Alberta. In 2017, Andrea obtained her Juris Doctor from the University of Calgary Faculty of Law, where she achieved Dean’s List standing. Andrea was called to the Alberta Bar in 2018 and she joined JSS Barristers as an Associate in 2019.
Before diving into her law adventures, Andrea obtained a Theatre Studies (Acting) diploma from Red Deer College and a Bachelor of Journalism from Ryerson University (now Toronto Metropolitan University). She went on to work as a journalist in Calgary for several years and was awarded the Edward R. Murrow Award for her role in the coverage of the 2013 Calgary Floods.
Publications
"Defamation: Should You Apologize After Making a Defamatory Statement?"
JSS Barristers.ca, June 29, 2026
"I Have Been Sued for Defamation. Now What?"
JSS Barristers.ca, October 25, 2024
"Got a Limitations Defense to an Originating Application? Seek Leave!"
JSS Barristers.ca, May 17, 2024
Co-Author (with Ripple Kaila)
"I Think I Have Been Defamed. Now What?"
JSS Barristers.ca, May 8, 2024
"Could Your Retainer Be Voided for Incapacity?"
JSS Barristers.ca, November 16, 2021
"COVID-19: Class Actions Arising From a Pandemic"
JSSBarristers.ca, July 28, 2020
Co-Author (with Gavin Price and Kajal Ervin)
"Are Contracts Enforceable Despite COVID-19? [Part 4]: Force Majeure Notice Requirements"
JSSBarristers.ca, April 24, 2020
Co-Author (with Geoffrey Boddy)
"Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview"
JSS Barristers.ca, April 1, 2020
Co-Author (with Bryan C. Duguid QC, FCIArb)
"People Always Told Me, Be Careful What You Do: Wills and Dependency Legislation"
LawNow, 2017
"Alberta Judges Can Refer to Informal Settlement Offers"
The Lawyers Weekly, 2015
"Third Party Claims in Construction Disputes"
CBA Construction Law Section, October 2019
Co-Author (with Ryan Phillips and Geoff Boddy)
Speaking Engagements
2019 CBA Construction Law Meeting Presenter
If you've been accused of defamation, should you apologize? Andrea MacLean explains how apologies are treated under Canadian law, when they can help resolve a dispute, and the legal risks of getting them wrong.
Read MoreDefamation is a complex area of law. Andrea MacLean explains key steps for those sued for defamation, including why it’s crucial to retain experienced legal counsel. She outlines common defences such as truth, qualified privilege, fair comment, and absolute privilege, emphasizing that each defence has specific requirements and may be impacted by evidence of malice.
Read MoreIf a Defendant plans to rely on a limitations defence, they must plead it. But what if an Action is commenced by Originating Application and the Respondent has no right to file a Statement of Defence? Andrea MacLean and Ripple Kaila discuss advice from the ABKB regarding how to advance a limitations defence in an Action initiated by Originating Application.
Read MoreDefamation is a nuanced area of law. Andrea MacLean outlines what you should know if you think you’ve been defamed - including the pros and cons of sending a “cease and desist” letter, and considerations when deciding whether to bring a defamation claim.
Read MoreIn a matter of pure law, Justice Jones developed a new test for voiding a retainer agreement for incapacity in Guardian Law Group v LS. The matter describes a very unique circumstance that explores what happens when a client is deemed to lack capacity to enter into a retainer agreement ahead of said capacity hearing.
Read MoreGiven the current situation, Courts are likely to consider factual nuances in each class action on a case-by-case basis, including how the defendants responded to the unexpected and unprecedented change in making their decisions.
Read MoreWhat does your contract say about notice requirements? Geoffrey Boddy and Andrea MacLean take a look at when a Court may, or may not, relax on notice requirements.
Read MoreThe Coronavirus has affected businesses both large and small, leaving many unable to fulfill their contractual obligations. So, what happens when, as a result of COVID-19’s impacts, a party has no choice but to breach a contract? Can parties be required to compensate for non-performance in this circumstance? Is there some legal way out?
Read More