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employment relationship

By Occasional Contributors | 4 Minutes Read April 24, 2020

The new “false light” tort and implications in the employment law context

A recent decision of the Superior Court of Justice expanded Ontario’s tort law relating to the invasion of privacy. Yenovkian v. Gulian[1], 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.

Article by Occasional Contributors / Employee Relations, Payroll, Privacy / defamation, employment law, employment relationship, false light tort, Wronful dismissal Leave a Comment

By Occasional Contributors | 24 Minutes Read February 27, 2020

Devil’s in the detail or employment contracts redux*: The twelve most common avoidable drafting errors

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.

Article by Occasional Contributors / Employee Relations, Employment Standards, Human Rights, Payroll / conditions of employment, Employee resignation, employment agreement, employment contract, employment law, employment relationship, fixed-term employment contract, fresh consideration, termination, termination clauses of an employment contract, written contracts of employment

By Devan Marr | 4 Minutes Read December 20, 2019

Work is work: Duration of dependent contractor status to be included in notice calculations

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.

Article by Devan Marr / Employee Relations, Employment Standards, Payroll / dependent contractor, economic dependency, employment law, employment relationship, independent contractor, reasonable notice period, termination clauses of an employment contract, wrongful dismissal claim

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