A dependent contractor typically has a higher degree of autonomy and financial risk than an employee but is economically dependent on the employer as their source of a substantial majority of their income.
A recent Ontario appeal court ruling that upheld a damage award for an independent contractor underlies the need to exercise caution when using fixed-term contracts.
Even if you call someone a contractor and have no agreement in place, the reality is that if they are working for you they may still be your employee. To…
I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee…
Employment relationships are not always black and white, even if there is a written agreement between both parties. Such relationships exist along a continuum, with employees and independent contractors at…
Stuart addresses the importance of properly characterizing two different employment relationships – employee and independent contractor
Welcome to Part Two of our year in review. Employment law continues to evolve at a remarkable pace, often struggling to catch up with social changes. As we hinted in Part One, in Ontario this evolution is frequently packaged with the government’s Working for Workers Acts, which has now reached its seventh version. In Part Two, we dive into legislative updates across Canada and discuss what to expect in 2026.
If you are a therapist planning to launch your own practice, or you operate a group practice worried about client loss, the key question is the same: Are these non-solicitation clauses actually enforceable?
If you thought the Driver Inc. controversy was just background noise in the trucking industry, think again. The government is stepping up enforcement in a big way, and businesses that have turned a blind eye to worker misclassification could soon find themselves in the hot seat — facing hefty fines, back payments, and legal exposure. Let’s be clear: this isn’t just a “trucking problem.” It’s a worker misclassification problem, and it’s about to land squarely on the desks of employers and workers alike.
In our last update, we outlined the new changes to the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”), which were set to take effect on July 1, 2025 to the ESA and on January 1, 2026 to the OHSA. Since that last update, there has been further updates to the Canadian employment and labour law landscape.
Our 2024 Year in Review continues. We are in an HR Law Era where our courts remain concerned with the power imbalance in the employment relationship and will find ways to help employees.
Without further ado, here is the Rudner Law summary of the top HR Law developments of 2023.
