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Independent Contractors Canada

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Blake, Cassels & Graydon LLP

Revue de l’année 2023 du droit de l’emploi au Canada

Le droit de l’emploi au Canada a continué d’évoluer en 2023. Partout au pays, des tribunaux ont abordé un éventail de questions relevant de ce domaine de droit, y compris les périodes de préavis, les ententes à terme fixe...more

Blake, Cassels & Graydon LLP

Canadian Employment Law: 2023 Year in Review

Employment law in Canada continued to evolve in 2023. Courts and tribunals across the country dealt with issues ranging from notice periods and fixed-term contractor agreements to the tort of harassment and time theft. While...more

Littler

British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

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On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC).  Bill 48 is a statute pertaining to minimum employment standards for...more

Stikeman Elliott LLP

The Gig is Up: British Columbia Announces Incoming Employment Standards for App-Based Gig Workers

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The B.C. government has announced its intention to table legislation that will impose minimum employment standards for app-based gig workers, including ride-hailing drivers and food delivery workers, who are typically engaged...more

Littler

Ontario, Canada Appeal Court Finds Independent Contractors Have Duty to Mitigate Damages When Fixed-Term Contract is Terminated...

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In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages upon the early termination of a fixed-term agreement...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

Blake, Cassels & Graydon LLP

Defining the Relationship: Independent Contractor or Employee?

Organizations commonly face the question of whether a relationship with a worker should be characterized as a contractor or employment relationship. Each characterization offers different benefits and creates different...more

Cozen O'Connor

Getting Ready for Canada’s Upcoming Ban on Wage-Fixing & No-Poach Agreements

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Wage-fixing and no-poach agreements will be illegal and subject to criminal penalties and damages actions in Canada as of June 23, 2023, as part of a package of amendments to the Competition Act passed in 2022. The new...more

Littler

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

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In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Stikeman Elliott LLP

Ontario Superior Court Reviews the Factors Applied in Determining Independent / Dependant Contractor Status

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The rise of "gig" workers (i.e. independent workers paid by task or project) has, in recent years, drawn attention to the issue of the classification of workers as "employees", "independent contractors", or "dependent...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

Stikeman Elliott LLP

Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

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In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

Smart & Biggar

Do you actually own the IP generated by your Canadian employees?

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Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. For this reason, it is usually in a business’s best interest to ensure their ownership of...more

Bennett Jones LLP

Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act

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Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020 was introduced in the Alberta Legislature on November 5, 2020, and, if passed, will come into force on September 1, 2021. Among other things, Bill 47 comprehensively...more

Bennett Jones LLP

Foodora Couriers are Eligible to Unionize—Ontario Labour Board Ruling Takes a Byte Out of the Gig Economy

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In its February 25, 2020, decision in Canadian Union of Postal Workers v Foodora Inc. d.b.a Foodora, 2020 CanLII 16750 (ON LRB), the Ontario Labour Relations Board (OLRB) found that Foodora Inc. couriers working in Toronto...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Dickinson Wright

Recruiting and Employing Your Workforce in Ontario Part One: Recruiting Your Workers

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Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment...more

Littler

Littler Global Guide - Canada - Q3 2019

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With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

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A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Littler

Canada: Massive Overhaul of the Canada Labour Code Pending

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A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more

Jackson Lewis P.C.

[Webinar] Employees vs. Independent Contractors: Argentina, Brazil, Canada, Chile, Mexico & U.S.A - June 25th, 11:00 am ET and...

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In this webinar, attorneys will be focusing on understanding the distinction between contractors and employees. This will include the re-characterization of a contractor into an employee as well as from an employee into an...more

Littler

Ontario, Canada Companies Beware: Class Action Lawsuits Alleging Worker Misclassification are on the Rise

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It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more

Blake, Cassels & Graydon LLP

Ontario Passes Bill 47, Making Ontario Open for Business Act, 2018

On November 21, 2018, the Ontario government passed the Making Ontario Open for Business Act, 2018 (Bill 47), which introduces significant changes to Ontario’s Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995...more

Littler

Littler Global Guide - Canada - Q3 2018

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Bill C-74 Receives Royal Assent- New Legislation Enacted- Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent on June 21, 2018. Initiatives of interest to employers include allowing part-time...more

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