Employment Classification — Ontario Employment Law

F. v. ProRich Seeds (2016) Inc.

Constructive Dismissal: Dependent Contractor Awarded 21 Months Notice

This case addresses whether a salesperson was an employee, independent contractor, or dependent contractor, ultimately finding dependent contractor status. The court held that the employer's unilateral withholding of a long-standing monthly advance constituted constructive dismissal, entitling the plaintiff to reasonable notice.

Heller v. Uber Technologies Inc.

Heller v. Uber: Worker Classification Class Action

This is a class proceeding certification motion addressing whether Uber drivers are employees or independent contractors. The court certified a common issue regarding worker classification but declined to certify an additional issue concerning the validity of a class action waiver in Uber's service agreements, finding no pleaded cause of action.

Heller v. Uber Technologies Inc.

Uber Worker Classification: Class Action Certification

This is a certification motion in a class action lawsuit challenging the employment classification of workers using Uber's apps. The court addressed whether the putative class members were employees, independent contractors, or service providers under the Employment Standards Act, 2000, applying criteria such as control and economic dependency. Certification was granted for breach of contract and statutory claims, while claims for unjust enrichment and negligence were denied.

O. v. Just Energy

Class Action: Sales Agent Employee Classification

This is a procedural ruling on a motion for summary judgment in a class action lawsuit regarding the employment status of sales agents. The court dismissed the motion, finding that conflicting evidence regarding the level of control exercised over the agents created genuine issues requiring a full trial to resolve credibility and factual disputes.

Algonquin College v Ontario Public Service Employees Union

Judicial Review of Labour Arbitration: Algonquin College v OPSEU

This is a judicial review of a labour arbitration decision concerning the arbitrability of a grievance and the classification of employees under a collective agreement between Algonquin College and the Ontario Public Service Employees Union. The Divisional Court applied the standard of reasonableness and quashed the arbitrator's decision due to a lack of justification, transparency, and intelligibility, particularly regarding the interpretation of Appendix D and the Colleges Collective Bargaining Act, 2008.

Airside Security Access Inc. v Ontario Labour Relations Board

Judicial Review: ESA Wage Orders & Employee Classification

This is a judicial review of decisions by the Ontario Labour Relations Board and an Employment Standards Officer regarding the classification of four individuals as employees and orders to pay wages. The Divisional Court addressed whether the Board acted unreasonably in dismissing the application for review due to non-compliance with statutory requirements and in denying an extension of time. The court applied the reasonableness standard, finding that the Board's decisions were reasonable despite the applicant's arguments regarding the merits of the underlying case.

F. v H.

Wrongful Dismissal: Painter Awarded 2 Months Notice

This wrongful dismissal case addressed whether the plaintiff, a painter engaged under an oral agreement, was an employee or independent contractor entitled to reasonable notice upon termination. The court determined the plaintiff was entitled to reasonable notice as an employee or dependent contractor, awarding two months' notice, and found no basis for punitive damages.

W. v. Enbridge Gas Distribution Inc., et al

Judicial Review: Worker Classification & WSIA Bar

This is a judicial review of a tribunal decision determining that an injured pipe fitter was a 'worker' rather than an independent contractor, thereby barring his civil lawsuit against the employer under the Workplace Safety and Insurance Act. The Divisional Court applied the reasonableness standard of review and found the tribunal's decision fell within the range of acceptable outcomes. The court also addressed costs, awarding the respondents $12,000 and $5,000 respectively.

V.M. - and- Walpole Island First Nation

Employee vs Contractor: Fixed-Term Contracts & Notice

This case addresses whether a plaintiff who provided computer training for 11 years under successive fixed-term contracts was an employee entitled to reasonable notice of termination or an independent contractor. The court examined whether the repeated use of fixed-term contracts and the defendant's hiring policy restricting non-native individuals created an indefinite-term employment relationship, applying the rule that such contracts must be clear and unambiguous to avoid creating an employment relationship.

B. v. C.

Wrongful Dismissal Claim Fails: Just Cause Found

A wrongful dismissal case where the plaintiff, hired as an associate lawyer under a commission-based scheme, was terminated without notice. The court determined the plaintiff was either an employee or in an intermediate category. However, the claim failed as the court found the plaintiff's insolence (delivering a critical letter accusing the defendant of dishonesty) justified summary dismissal for just cause. Four months' notice was assessed only in the alternative.

H. v. Re/Max Town and Country Realty Inc.

H. v. Re/Max: Employee vs Independent Contractor

An appeal to the Court of Appeal for Ontario concerning the classification of a real estate agent as an employee or an independent contractor. The decision addresses the legal distinction between these roles within the context of a brokerage relationship.

Salvation Army, Canada East v. Ontario (Attorney General)

Salvation Army Officers: Employee Status & Charter Rights

This is a constitutional challenge regarding the classification of Salvation Army officers as employees under the Pension Benefits Act, 1987. The central legal issue is whether the statutory requirement for pension compliance infringes upon the officers' freedom of conscience and religion under section 2(a) of the Charter.

J. v. A.E. LePage Real Estate Services Ltd.

Wrongful Dismissal: Real Estate Agent Awarded 7 Months Notice

A wrongful dismissal case involving a real estate agent who was dismissed for failing to disclose a personal interest in a property transaction to their employer. The court found that the employer failed to establish cause for dismissal and awarded the plaintiff damages for seven months’ notice. The case also determined that the plaintiff was an employee despite commission-based remuneration and tax filings as an independent business, due to the employer's substantial control over operations.

A. v. Nipissing District Roman Catholic Separate School Board; Guardian Insurance Co. of Canada, Third Party

Employment Classification: Psychometrist Claims Teacher Status and Benefits

A merits decision involving a dispute over the employment classification of a psychometrist and their entitlement to permanent teacher status and associated benefits under the Education Act. The court determined that the plaintiff's role did not meet the statutory requirements for permanent teacher status as their duties were not integral to the teaching program.

Ontario Teachers' Federation v. Metropolitan Separate School Board

This is an appeal to the Court of Appeal for Ontario concerning the statutory classification of school board employees. The central issue is whether individuals legally qualified to teach but employed as 'co-ordinators' under oral agreements are deemed 'teachers' under the Teaching Profession Act and entitled to permanent contracts under the Schools Administration Act.

Regina v. Ontario Labour Relations Board, Ex parte Canadian Union Union of Public Employees, Local 543

Labour Relations Act: Motor Mechanics Excluded? Court Rules Otherwise

A labour relations case determining whether motor mechanics and helpers employed by a municipal police commission are excluded from the Labour Relations Act as 'members of a police force'. The court examined statutory interpretation of the Police Act and concluded that such employees are not excluded from the Labour Relations Act, as their duties are limited to vehicle maintenance and not law enforcement.

Re The Ontario Labour Relations Board, B. et al. and Canadian General Electric Co. Ltd.

Labour Relations Board Jurisdiction: Employee Classification

This is a judicial review of the Ontario Labour Relations Board's determination of employee status under the Labour Relations Act. The Court of Appeal held the Board has exclusive jurisdiction to decide whether individuals exercised managerial functions or held confidential capacities, ruling that such determinations are integral to its jurisdiction and not subject to collateral review via certiorari.