On March 20, 2019 (International Francophonie Day), the Law Society of Ontario held a Continuing Professional Development (CPD) program entirely in French, in collaboration with PratiquO and the Association des juristes d’expression française de l’Ontario (AJEFO), followed by a networking reception organized by the Law Society’s Equity Initiatives Department.
The subject of the program was the Supreme Court of Canada decision in Mazraani v. Industrial Alliance Insurance and Finance Services Inc (Mazraani).[1] The panelists (Justice Paul Rouleau, Ontario Court of Appeal, Justice Julie Thorburn, Superior Court of Justice, Professor Alain Roussy, University of Ottawa, and lawyers Christine Mainville and Sherif Foda), discussed the relevance of this language rights decision in Ontario. The panel analyzed the decision in light of differing federal and provincial legislation.
Mr. Mazraani worked as an insurance representative for Industrial Alliance. His contract provided that he was self-employed. After his contract was terminated, Mr. Mazraani asked the Canada Employment Insurance Commission (Commission) to consider this employment to be insurable so that he could obtain employment insurance benefits. The Commission refused to do so, and its decision was upheld by the Canada Revenue Agency. Mr. Mazraani took the case to the Tax Court of Canada (“TCC”). Industrial, which had 400 insurance representatives with a similar contractual arrangement to Mr. Mazraani, intervened as a party in the TCC. Industrial argued that Mr. Mazraani’s contract was a contract for services and not a contract of employment, and that he was not eligible for benefits.
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