In our “Early 2019 Judicial Updates” we discussed the impact of the decisions in Cormier v. St. Joseph Communications. Since then, the Ontario Court of appeal has upheld that decision, which found that Ms. Cormier’s status as a contractor prior to her employment must be considered when determining the applicable notice period and benefits due upon termination. For more on the difference between employees and independent contractors and how to ensure that your termination clauses don’t conflict with the Employment Standards Act see our article “Don’t Mistake Your Employees for Independent Contractors.”
