A recent decision of the Superior Court of Justice expanded Ontario’s tort law relating to the invasion of privacy. Yenovkian v. Gulian, released in December 2019, was the first Ontario case to recognize and apply the tort of placing a person before the public in a false light, a tort previously recognized in the United States and bearing a close resemblance to defamation.
Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.
In the recent decision of Cormier v. St. Joseph Communications, the Court of Appeal upheld a motion judge’s finding that when calculating reasonable notice periods, an employee is entitled to include the duration of time they were an dependent contractor. This case highlights the risks posed by evolving employment relationships and the importance of drafting legally defensible termination clauses.