Articles 2022

Aujourdʼhui
Aujourdʼhui
The Dependent Contractor Test – What is the “True Substance” of the Relationship?

The Dependent Contractor Test – What is the “True Substance” of the Relationship?

  • 31 juillet 2020
  • Vanessa Glasser, counsel, Ministry of the Attorney General, Crown Law Office Civil, and Vincent Rocheleau, associate, Blaney McMurtry LLP

In the past three years, the Ontario appellate courts released four appellate decisions affirming and clarifying the test to determine whether a worker is a dependent contractor. Thurston v. Ontario (Children’s Lawyer) is the third of four post-McKee appellate court decisions that counsel should consider when advising clients regarding contracts and termination in employment matters.

Droit du travail et de l’emploi, Student Forum
ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

  • 30 juillet 2020
  • Adrian Ishak, Senior Corporate Counsel, Salesforce

A subject often considered by our clients, a subject never considered in any detail by lawyers. With the recent pandemonium in the workplace wrought by the pandemic, the institution of the CERB, the extension of the CERB, the delay in EI benefits as a result, and the impact on so many employers and employees, have all resulted in more attention being given to this usually innocuous document

Droit du travail et de l’emploi, Student Forum
"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

  • 16 juin 2020
  • Niveda Anandan, Osler, Hoskin & Harcourt LLP

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

Droit du travail et de l’emploi, Student Forum
Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

  • 16 juin 2020
  • Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Droit du travail et de l’emploi, Student Forum
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • 16 juin 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

Droit du travail et de l’emploi, Student Forum
Apps to Assist the Labour and Employment Lawyer

Apps to Assist the Labour and Employment Lawyer

  • 16 juin 2020
  • Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

Droit du travail et de l’emploi, Student Forum
Supreme Court of Canada Clarifies Federal Employers’ Workplace Inspection Obligations

Supreme Court of Canada Clarifies Federal Employers’ Workplace Inspection Obligations

  • 27 avril 2020
  • Christopher Pigott, Rachel Younan, and Jessica Nolan, Fasken

Federal employers are required under Part II of the Canada Labour Code to ensure that a workplace health and safety committee or representative inspects the work place annually. In 2017, the Federal Court of Appeal decided that duty may extend to locations that the employer does not control. A recent Supreme Court of Canada decision has clarified the scope of this duty.

Droit du travail et de l’emploi, Student Forum