Independent Contractor or Dependent Contractor – The Current State
The distinction between independent contractors and dependent contractors was further clarified in the Court of Appeal’s recent decision in Thurston v. Ontario (Children’s Lawyer). In this case, a lawyer performed services for the Defendant under a fixed term contract over a period of 13 years. Each contract that she signed required the Plaintiff to apply […]
‘Saving Provisions’ Will Not Cure Your Deficient Termination Clause
Every year we analyze countless new cases where the courts have grappled with the enforceability or lack of enforceability in termination clauses. This is for good reason – an enforceable termination clause is likely the single-most important provision in an Employment Agreement. An enforceable termination clause that restricts an employee’s rights upon termination to the […]
Resignations Must Be ‘Clear’ and ‘Unequivocal’
Throughout the past year, several decisions have consistently illustrated that employers must exercise extreme caution when receiving and responding to employee resignations. The overarching theme that the courts repeatedly confirmed was that employee resignations, retirements or job abandonments must be clear and unequivocal. Furthermore, the court reiterated that the onus is on the employer to […]