Canadian Labour and Employment Law

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Independent Contractors Entitled to Reasonable Notice on Dismissal?

By Andrew Shaw on May 22, 2019

In 2016, the Ontario Court of Appeal confirmed that dependent contractors are entitled to reasonable notice of termination. In a recent decision, Cormier v 1772887 Ontario Limited cob as St. Joseph Communications, (“Cormier“) the Ontario Superior Court of Justice extended this principle – commenting that service as an independent contractor should be considered in calculating the reasonable notice period in certain circumstances.…

Canadian Labour and Employment Law

Highest Court Rules Quebec Franchisee Was Employee, Not Independent Contractor, Under Provincial Statute

By Claire-Marie Colantuoni & Andrew Shaw on May 14, 2019

In a recent decision, Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, the majority of the Supreme Court of Canada (“SCC”) held that a cleaner who had a franchise agreement with a cleaning company was actually an employee, not an independent contractor. This “employee” determination, however, was in the context of a very particular legislative regime, which applied to the specific franchise relationship. Since the cleaner…

Canadian Labour and Employment Law

A New Age for Mexico’s Labour Law: New Protections for Labour Unions and a New Labour Justice System

By George Avraam on May 1, 2019

We’re pleased to share a timely client alert from our colleagues in Mexico on a significant labour reform approved earlier this week by the Mexican Senate. The reform adds new legislative provisions to secure the rights of freedom of organization, freedom of association and collective bargaining, as well as introducing a new labour justice system to expedite all procedures under the Federal Labor Law of Mexico. As such, the reform is likely to have a profound effect on…

Canadian Labour and Employment Law

Hot Off the Press: Bill 66 Ushers in More Changes for Ontario Employers

By Jordan Kirkness & Susan MacMillan on April 4, 2019

On April 3, 2019, Restoring Ontario’s Competitiveness Act, 2019 (Bill 66) received Royal Assent. Bill 66 amends several pieces of legislation in Ontario. The government has stated that the changes are intended to “lower business costs to make Ontario more competitive” and to “harmonize regulatory requirements with other jurisdictions, end duplication and reduce barriers to investment.”…

Canadian Labour and Employment Law

Supreme Court to Decide if Bad Faith Employer Conduct Nullifies Limit on Incentive Compensation

By Jennifer Bernardo on April 3, 2019

The Supreme Court of Canada will decide if an employee is entitled to payments owed in the event of a corporate acquisition despite the fact that the employee resigned over a year before the triggering event. On January 31, 2019, the SCC granted leave to appeal in Matthews v. Ocean Nutrition Canada Limited. The employee asserts that he is entitled to over $1 million in profits following the acquisition of his former employer –…

Canadian Labour and Employment Law

Only Willful OHSA Breaches Warrant Jail Time?

By Jonathan D. Cocker on April 1, 2019

The range of potential sanctions under Ontario’s Occupational Health and Safety Act are vast and, on its surface, potentially ominous for even the most minor of OHSA infractions. Companies in non-compliance with a health or safety requirement are seemingly at the mercy of the Ministry as to whether they prosecute (in addition to orders and penalties) and, if so, whether they pursue fines or even (gulp) incarceration. Whereas the range of fines for various types…

Canadian Labour and Employment Law

After-Acquired Cause: Employer’s Due Diligence Pays Off

By Gillian Maharaj on March 29, 2019

After-acquired cause, by definition, arises when an employer discovers just cause for termination after the employee has been dismissed on a without cause basis. This begs the question: Can an employer assert after-acquired cause when it has reason to suspect just cause prior to the termination, but proceeds on a without cause basis due to the employee’s representations of innocence? The Ontario Court of Appeal has answered affirmatively.…

Canadian Labour and Employment Law

Tangled Weeds: Fiduciary Status in a Criminal Fraud Not Determinative in Employment Litigation?

By Mark Ellis on March 28, 2019

Surprisingly, evidently not. Briefly the facts in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196: an Executive in the role of Vice President Global Strategic Customers was terminated for just cause grounded in a decades-long defrauding of the company and its benefits provider in conspiracy with the latter’s consultant, to the extent of over $20,000,000, over a million of which resulted to the Executive personally. His argument that he was a bystander incidentally…

Canadian Labour and Employment Law

Faith-based Conscientious Contracting: Pratfalls of Fixed Term Employment-Like Contractual Relations

By Mark Ellis on March 27, 2019

Faith-based, as in “good faith”, that is. Not that long ago the Supreme Court installed “good faith” as core to the fabric of contractual relations in Canada whether commercial or employment, whether ostensibly arms-length as “independent contractor” or employment per se. Implying a duty to act fairly in contract is not foreign to other jurisdictions— it is foundational to EU legal principals and long-since present in the Restatements of US law. Here, not so much.…

Canadian Labour and Employment Law

Discussions with EI Officers: Employers Should Tread Carefully

By Claire-Marie Colantuoni on March 22, 2019

Employers commonly receive calls from Employment Insurance (EI) Officers seeking clarification of the information provided by the employer in a Record of Employment (ROE). The clarification or confirmation typically relates to the employee’s first / last day worked, insurable hours, insurable earnings and / or the reason for issuing the ROE (Block 16). Employers who are asked to speak to their reason for issuing the ROE should pause and consider what, if any, information to…

Canadian Labour and Employment Law

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Independent Contractors Entitled to Reasonable Notice on Dismissal?

Highest Court Rules Quebec Franchisee Was Employee, Not Independent Contractor, Under Provincial Statute

A New Age for Mexico’s Labour Law: New Protections for Labour Unions and a New Labour Justice System

Hot Off the Press: Bill 66 Ushers in More Changes for Ontario Employers

Supreme Court to Decide if Bad Faith Employer Conduct Nullifies Limit on Incentive Compensation

Only Willful OHSA Breaches Warrant Jail Time?

After-Acquired Cause: Employer’s Due Diligence Pays Off

Tangled Weeds: Fiduciary Status in a Criminal Fraud Not Determinative in Employment Litigation?

Faith-based Conscientious Contracting: Pratfalls of Fixed Term Employment-Like Contractual Relations

Discussions with EI Officers: Employers Should Tread Carefully

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