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In a recent blog, we observed that directors, officers and shareholders may be deemed to be “common employers” together with corporations; and that in certain circumstances, owners and operators may be “on the hook” for claims by employees and former employees. By way of another recent decision of the Ontario Superior Court of Justice, director
We’re now several days into the Mike Duffy trial and the stage is set for a public examination of the expenses that Mr. Duffy claimed while he was a member of the Senate. Ultimately, it will be up to Justice Vaillancourt to decide if Mr. Duffy is guilty of a criminal offence, but this case
In a recent decision, the Divisional Court considered whether a director, officer or shareholder of a business may be a “common employer” along with the business itself. The implication of this decision is significant, particularly for individuals running closely-held corporations: if he or she is deemed to be a “common employer”, then he or she
The common law in Ontario, relating to dependent contractors, is now well established. Employment relationships exist on a continuum; with the employer/employee relationship at one end of the continuum, and independent contractors at the other end. Between those two points, lies a third intermediate category of relationship, now termed “dependant contractors”. Like employees, dependant contractors
The vaccination debate has been raging over the last few months. Scientists, doctors, parents and even celebrities have shared their pro and anti-vaccination stances. The “anti-vaxx” controversy has revolved mainly around school-age children and their vulnerability to long-dormant diseases, however the controversy is also salient for employers in the broader workplace context. Last week, a
For much of Canada, this winter has been severe and seemingly never-ending. Toronto has just come through a February that didn’t see the temperature climb above the freezing mark even once; and as I type this, the 24-hour forecast calls for 5-10 centimetres of snow, ice pellets and freezing rain – and, obviously, very treacherous
Lee Partridge worked originally as a dental hygienist for the Botony Dental Corporation and later as its office manager before she was fired following her return from a maternity leave in 2011. She sued Botony for wrongful dismissal and for breach of both the Employment Standards Act, 2000 and the Ontario Human Rights Code. In
Sick notes, spying, and a toilet seat prank: Did these things comprise a successful basis for moral damages? On January 7, 2015 the Ontario Superior Court of Justice issued a decision in Ciszkowski v. Canac Kitchens, 2015 ONSC 73 (CanLII). This case concerns the acrimonious termination of an 18-year employment relationship between the plaintiff and his
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