First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

employment relationship

By | 4 Minutes Read

Independent contractor or employee?

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.

By | 4 Minutes Read

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.

By | 24 Minutes Read

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.

Footer

About us

Established in 1995, First Reference provides organizations with practical and authoritative resources to help ensure compliance with constantly changing Canadian legislation and best practice

Main Menu

Stay Connected