A Caveat on Contractors: Beware the Bite of the Unicorn?

By Graeme McFarlane Ah, the true independent contractor—the rarest of all the beasts. In the jungle of employment law, it is sought after for its...

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Don’t Dis(miss) the Devil in the Details

By Graeme McFarlane Many businesses have experienced the loss of a valuable employee.  Some are fortunate enough to have that employee return to the fold...

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Just How Private is an Employee’s Text Messaging?

By Delayne Sartison, Q.C. and Matthew Larsen Information and evidence obtained from social media or electronic communications is playing an increasingly important role in the...

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Arbitration Board: Regular Medical Marijuana User Wrongfully Held Out Of Safety-Sensitive Position

By Dirk L. Van De Kamer Most people would be concerned if a person operating heavy road maintenance equipment in a large city was also a...

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If You Promise the Stars…Deliver

By Graeme McFarlane A recent case from Ontario illustrates a shift in judicial thinking with respect to the creation and operation of the employment relationship. ...

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The Employee Who Didn’t Come Back: Abandonment and Accountability

By Graeme McFarlane Many employers have faced the frustrating situation where an employee is away from work on medical leave, but she will not cooperate...

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26 Months’ Notice for (In)Dependent Contractors

By Brandon I. Hillis A decision from Ontario1 highlights the caution that companies need to employ when characterizing those who provide services to them as...

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Darwin Award for Daytime Moonlighter

By Graeme McFarlane So you think that those accidental phone calls are amusing and harmless, right? You may want to think again. A Fool Falls Afoul...

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