Case Law Updates

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Logan v. Numbers Cabaret Ltd.: A Lighter Burden for Employers?

By Samantha Stepney, Lawyer. When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to […]

Trevor Kent Employment Law

Sustainable Contracting: Cheong v. Grand Pacific Travel & Trade

By Trevor Thomas, Lawyer. The recent decision in Cheong v. Grand Pacific Travel & Trade is a sobering reminder to employers of the importance of taking a transparent, clear and collaborative approach when contracting with your employees – and what can happen when you don’t. The case involved a failed attempt by an employer to […]

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Dependent Contractors and “Exclusivity”: Keenan v. Canac Kitchens

By Trevor Thomas, Lawyer. An individual’s relationship with an employer generally falls into one of three categories: employee, dependent contractor, or independent contractor. Determining the correct category is important because employees and dependent contractors are entitled to notice or pay in lieu of notice on dismissal; this is not necessarily true for independent contractors. However, […]