Superior Court Rules that Employee was Misclassified as an Independent Contractor and Termination Provision Violated the ESA

News/
13 March 2019
Share
Share with your friends and colleagues
Pick one or more destinations:

In Cormier v. 1772887 Ontario Limited, Cavalluzzo lawyers Christopher Perri and Alex St. John recently represented Kelly Cormier in a wrongful dismissal action against a company doing business as St. Joseph Communications. When St. Joseph Communications terminated her employment, Ms. Cormier had worked for the company for nearly 23 years.

On a summary judgment motion, Mr. Perri and Mr. St. John successfully argued: (1) that Ms. Cormier was a dependent contractor; (2) that Ms. Cormier's contractual termination clause was unenforceable because it violated the Employment Standards Act; and (3) that certain deductions from her pay were contrary to s. 13 of the Employment Standards Act. After carefully canvassing the law of reasonable notice at common law, Justice Perell awarded Ms. Cormier twenty-one month's notice.

A link to the decision can be found here.

Recent News

News/30 October 2025

Cavalluzzo LLP Recognized in Best Law Firm Rankings 2026

Ranked in Labour and Employment, Administrative and Public Law, and Appellate Practice Nationally, and Seven Practice Areas Regionally

Cavalluzzo LLP is thrilled to be recognized in the 2026 edition of the Best Law Firms Canada. The firm was ranked in three practice areas nationally, ... Read More
News/25 September 2025

Cavalluzzo LLP Recognized in 2026 Chambers Canada Guide

Recognized for Employee & Labour Law for Unions

We are proud to have been recognized once again as a leading law firm in Employee & Labour Law for Unions in the 2026 Chambers Canada Guide, solely ba... Read More
News/4 September 2025

14 Cavalluzzo LLP Lawyers Recognized as Best Lawyers Award Recipients, Two Lawyers Recognized as “Ones to Watch”

Recognized in Seven Practice Areas

Cavalluzzo LLP is pleased to announce that 14 lawyers have been included in the 2026 edition of The Best Lawyers in Canada, and two lawyers have been ... Read More