Articles related to When an Independent Contractor is not an Independent Contractor

Can An Employer Require That a Candidate Undergo Pre-employment Drug...

The law of drug and alcohol testing in Canada is in a state of evolution. While the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd., 2013 SCC 34, provided important guidance on the strict standard that employers must meet in order to subject employees to random testing, it raised many questions regarding how those principles would be applied to other forms of testing.

11 Steps to Minimize Employer Liability at the Holiday Party

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

Good Tidings, Well Wishes and Unintended Consequences: Holiday Greetings under...

That time of year is now upon us when we send season’s greetings and well wishes for the New Year. The holidays present a wonderful opportunity to reach out to your customers and the general public alike to let them know that you are thankful for their business and give them a little “nudge” to remind them that their patronage is appreciated.

Unprecedented Damage Award for Violation of Human Rights

Early this year, the Ontario Human Rights Tribunal chartered into new territory when it awarded an employee $150,000 in damages for injury to dignity, feelings and self-respect that were caused by the employer’s egregious violation of the employee’s human rights.

The Duty to Mitigate: When is an Employee Required to...

The British Columbia Court of Appeal (the “BCCA”), in Frederickson v Newtech Dental Laboratory Inc., 2015 BCCA 357, overturned the trial judge’s finding that Frederickson had failed to mitigate her damages because she refused to accept an offer of re-employment from her employer, Newtech Dental Laboratory (“Newtech”).

Nova Scotia: Application of Restorative Process to Discrimination Complaint

Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.

Termination For Drug Impairment Is Not Discriminatory

In a recent decision of the Alberta Court of Appeal, Stewart v. Elk Valley Coal Corp., 2015 ABCA 225, it was held that the termination of an employee who tested positive for cocaine in a post-incident drug test was not discriminatory.

Termination of Consultant Results in Award of 8 Month Notice...

The distinction between an employee and independent contractor is not always clear as can be seen in the recent decision of Tetra Consulting v Continental Bank et al., 2015 ONSC 4610.

Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance Litigation case law updates from across the region.

Grafton Connor Property Inc. v Murphy, 2015 NSSC 195

In 2007, the North-End Pub in Halifax was destroyed by fire. It was owned by Grafton Connor and insured by Lloyd’s of London Underwriters under an insurance policy that had been placed through Marsh Canada Limited.

Court Finds “Extraordinary” Circumstances to Award 27 Months’ Notice

The dismissal of a long-term employee who is entitled to common law reasonable notice can result in significant liability for an employer. As the determination of the appropriate notice period is contextual, it can be difficult for an employer to accurately assess their potential liability.