Misclassification of workers is a significant issue, and it exposes both sides to potential liability. “Deciding” whether to treat a worker as an independent contractor or an employee is not as simple as asking them how they want to be paid; courts and the Canada Revenue Agency will look beyond how the parties characterize the relationship and assess its true nature.
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.