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"From Independent Contractor to Employee"

Jurisdiction: - Canada/Federal - Ontario

Megan Wright (now Megan Burkett) at Keyser Mason Ball in Ontario, has written an article entitled, "From Independent Contractor to Employee"(undated).

The paper addresses the question: at what point does an independent contractor become an employee? 

Ms. Wright notes that a non-exhaastive list of questions that are asked when examining this issue are:

  1. Does the company control the contractor's activities?
  2. Does the company provide equipment to the contractor?
  3. Does the company assume all the risk in the projects with the contractor?
  4. Does the contractor maintain an office at the company and only works out of such office?
  5. Does the contractor participate in the company benefit plans?
  6. Does the company reimburse the contractor for expenses?
  7. Does the contractor work during hours specified by the company?

CLE BC "Human Rights Conference - 2009"

Jurisdiction: - British Columbia - Canada/Federal

Day 2 of the annual CLE BC "Human Rights Conference - 2009" took place today in Vancouver. J. Grant Sinclair, Q.C., whose appointment as chair of the Canadian Human Rights Tribunal ended this week, was the luncheon speaker. He presented on section 13 of the Canadian Human Rights Act, which prohibits hate messages.  

"Overview of insolvency proceedings in Canada"

Jurisdiction: - Canada/Federal

Law firm McMillan LLP has prepared a comprehensive "Overview of insolvency proceedings in Canada" (October 2009). It outlines the Canadian legislative framework and briefly describes the receivership process, the bankruptcy regime and the formal restructuring alternatives available to debtors. The three key statutes it addresses are:

  • the Bankruptcy and Insolvency Act,
  • the Companies' Creditors Arrangement Act, and
  • the Winding-up and Restructuring Act.

New member appointed to Canada Industrial Relations Board

Jurisdiction: - Canada/Federal

The federal Minister of Labour announced today the appointment of David Paul Olsen as a full-time member to the Canada Industrial Relations Board. You can read about the appointment/Mr. Olsen here

Designated missions/operations that may qualify employees for reservist leave under Canada Labour Code

Jurisdiction: - Canada/Federal

The federal government introduced an unpaid leave of absence for members of the Canadian reserves (who otherwise qualify) into Part III of the Canada Labour Code in 2008 (Bill C-40).

Among other triggers, reserve members are entitled to the leave in order to take part in: operation in Canada or abroad - including preparation, training,
rest or travel from or to the employee's residence - that is designated
by the Minister of National Defence.

Until recently, it was unclear whether the 2010 Winter Olympic Games was an operation that had been designated by the Minister.

However, as seen on this list of designated missions and operations published by the federal government, the Games have indeed been designated as an operation that may entitle the reserve member for the leave.

"CCAA: The Ultimate Restructure"

Jurisdiction: - Canada/Federal

Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").

The second part of the paper focuses on employment issues under the CCAA and specifically addresses:  read more »