Articles 2020

Aujourdʼhui
Aujourdʼhui

Team Allyship: Collaboration That Includes the Whole Group

  • 24 août 2020
  • Barbara De Dios, Corporate Counsel at Canadian Dental Services Corporation

Facilitating change to our organization’s governance, management structure, policy and even social practices to remove unconscious and legitimized bias requires the work of multiple people, such as the Encourager, the Leader and the Mentor, among others with parallel objectives.

Forum des avocates, Student Forum
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

When is a Notice of Rescission a Notice of Rescission?

  • 30 juillet 2020
  • Rory McGovern and Daniel Freiheit

In 2352392 Ontario Inc. v. Msi, the Ontario Court of Appeal delivered a significant decision that will impact the application of Section 6(3) of the Arthur Wishart Act. The decision, technically read, allows court pleadings to constitute a valid notice of rescission under the Act.  However, the principles applied by the Court of Appeal shed light, more broadly, on a new level for how the Act will be interpreted in favor of franchisees.

Droit des franchises, Student Forum