Friday, September 06, 2024 - Filed in:
CourtsA truly independent contractor arrangement provides parties with the freedom to contract without many of the constraints applicable to employment relationships. However, not all contractor relationships are the same. While some contractors are truly "independent", others are "dependent" on their relationship for livelihood. In the latter case, the freedom to contract can be limited by implied obligations such as notice of termination requirements, and by express obligations, such as the statutory right to form and be part of unions.
This raises an important question: How does one determine if an individual providing services is an independent contractor or a dependent contractor? Read More... Thursday, August 29, 2024 - Filed in:
General InterestIt is with great sadness that we announce the passing—yesterday—of our former colleague, Kelly Janson. She was an integral member of our team, bringing not only exceptional skill and dedication, but also a spirit of kindness and camaraderie that touched everyone she worked with.
Kelly will be remembered for her tireless work ethic, infectious enthusiasm, and unwavering commitment to excellence. Her contributions have left a lasting impact on our firm and in the hearts of all who had the privilege of knowing her.
Our thoughts and deepest condolences are with Kelly’s family and friends during this difficult time. She will be greatly missed, but never forgotten.
Rest in peace, Kelly. Read More... Thursday, March 07, 2024 - Filed in:
CourtsThe 2023 decision of the Ontario Court of Appeal in Baker v Blue Cross Life Insurance Company of Canada, 2023 ONCA 842 is officially the highest punitive damages award in Canadian jurisprudential history. The Court of Appeal upheld the jury's award of $1,500,000 in punitive damages against Blue Cross Insurance Company of Canada due to their "pattern of misconduct that, at best, shows reckless indifference to its duty to consider [Ms. Baker's] claim in good faith and conduct a good faith investigation, and at worst, demonstrates a deliberate strategy to wrongfully deny her benefits, regardless of the evidence that demonstrated an entitlement". Read More... Monday, January 15, 2024 - Filed in:
General InterestRemote work continues to evolve, as digital nomads and a variety of hybrid work arrangements become permanent features of many workplaces. These arrangements create new operational and legal compliance challenges for employers. It has become critical for employers to be able to mitigate risks associated with remote work and hybrid work environments, while at the same time achieving the flexible workplace objectives that have become table-stakes for employees in many settings.
Employee preferences may not be the only driver of remote work today, as organizations have also recognized that it has certain benefits, especially since the pandemic. Even as adjudicators grapple with novel issues that continue to arise from remote work arrangements, organizations must aim to balance their business decisions against important legal considerations. Read More... 
