skip to main content

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

Firm 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

In the News/12 February 2020

Canadian Lawyer Names Cavalluzzo as one of Canada's Top 5 Union Side Labour and Employment Boutiques

Cavalluzzo has been named by Canadian Lawyer Magazine as one of the country’s top 5 Labour and Employment Boutiques – Labour Side. &n... Read More
News/6 February 2020

Danielle Bisnar Judges at BLSA'S Julius Alexander Isaac Moot

On February 7 to 8, Danielle Bisnar judges the Julius Alexander Isaac Moot.  The Isaac Moot is a competitive, for-credit moot, organized by the B... Read More
News/30 January 2020

Closing Arguments Heard in Key Case over Future of Gig Economy

Closing arguments were heard today regarding the Foodora case at the Labour Board.  A copy of the Toronto Star article regarding the hearing can ... Read More

Stay Updated

To receive email updates on legal developments and firm news and events, please sign up here.