Articles 2020

Aujourdʼhui
Aujourdʼhui
The Dependent Contractor Test – What is the “True Substance” of the Relationship?

The Dependent Contractor Test – What is the “True Substance” of the Relationship?

  • 31 juillet 2020
  • Vanessa Glasser, counsel, Ministry of the Attorney General, Crown Law Office Civil, and Vincent Rocheleau, associate, Blaney McMurtry LLP

In the past three years, the Ontario appellate courts released four appellate decisions affirming and clarifying the test to determine whether a worker is a dependent contractor. Thurston v. Ontario (Children’s Lawyer) is the third of four post-McKee appellate court decisions that counsel should consider when advising clients regarding contracts and termination in employment matters.

Droit du travail et de l’emploi, Student Forum
ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

  • 30 juillet 2020
  • Adrian Ishak, Senior Corporate Counsel, Salesforce

A subject often considered by our clients, a subject never considered in any detail by lawyers. With the recent pandemonium in the workplace wrought by the pandemic, the institution of the CERB, the extension of the CERB, the delay in EI benefits as a result, and the impact on so many employers and employees, have all resulted in more attention being given to this usually innocuous document

Droit du travail et de l’emploi, Student Forum

When is a Notice of Rescission a Notice of Rescission?

  • 30 juillet 2020
  • Rory McGovern and Daniel Freiheit

In 2352392 Ontario Inc. v. Msi, the Ontario Court of Appeal delivered a significant decision that will impact the application of Section 6(3) of the Arthur Wishart Act. The decision, technically read, allows court pleadings to constitute a valid notice of rescission under the Act.  However, the principles applied by the Court of Appeal shed light, more broadly, on a new level for how the Act will be interpreted in favor of franchisees.

Droit des franchises, Student Forum

The Changing Face of Regulation: Notes and Reflections

  • 21 juillet 2020
  • Alec Angle

On June 25, 2020, the OBA welcomed Rebecca Durcan of Steinecke Maciura LeBlanc and Srikanth Mangalam of the PRISM Institute for a videoconference entitled The Changing Face of Regulation: Understanding the Impact of the Crisis on Regulatory Law. Moderated by Margaret Drent, Strategic Policy Counsel at the Law Society of Ontario, the program provided a useful moment of reflection as the regulatory community begins to absorb the lessons learned from COVID-19.

Avocats du secteur public, Student Forum

Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp

  • 16 juillet 2020
  • Laura Brazil, Stephen Brown-Okruhlik and Matti Thurlin

In a recent decision in Urbancorp Cumberland 2 GP Inc. (Re) (“Urbancorp”), the Court of Appeal held that statutory trusts can arise under the Construction Act over sale proceeds received by a court officer in a court-supervised sale process under the Companies’ Creditors Arrangement Act (“CCAA”). The decision also limited the application of the Court of Appeal’s earlier decision in Re Veltri Metal Products Co.

Droit de l’insolvabilité, Student Forum